A licensed real estate broker in Medford, Massachusetts represents a seller. During the listing period, the seller asks the broker to include the phrase 'ideal for a traditional family' in all advertising for the property. The broker is concerned about fair housing compliance. Under Massachusetts Chapter 151B, the most accurate assessment of this advertising language is:
Correct Answer
D) The phrase may constitute unlawful discriminatory advertising because it could indicate a preference based on marital status or familial status, which are protected classes under Chapter 151B.
Under Massachusetts General Laws Chapter 151B, it is unlawful to make, print, or publish any advertisement that indicates any preference, limitation, or discrimination based on a protected class. The phrase 'ideal for a traditional family' could be interpreted as indicating a preference for married couples or families with children in a traditional arrangement, which implicates the protected classes of marital status and familial status under Chapter 151B. Even without an explicit reference to a protected class, advertising language that suggests a preference or limitation based on a protected characteristic is unlawful. The broker should refuse to include this language and advise the seller accordingly.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
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