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Practice Of Real EstateFair HousingHARD

A real estate salesperson named Gina represents a seller. During showings, Gina truthfully discloses to prospective buyers that the neighborhood has a high percentage of residents of a particular ethnic background, believing this is helpful information. A buyer who was discouraged from making an offer files a complaint under MGL Chapter 151B. Under Massachusetts law, which of the following best describes Gina's potential liability?

Correct Answer

D) Gina may be liable for steering because disclosing neighborhood demographic composition to influence a buyer's decision is a discriminatory practice regardless of the information's accuracy

Under MGL Chapter 151B and the federal Fair Housing Act, steering includes any conduct by a licensee that influences or discourages a buyer's housing choices based on protected class characteristics. Providing unsolicited information about the racial or ethnic composition of a neighborhood — even if accurate — constitutes steering if it is done to influence or discourage the buyer. The truthfulness of the information is not a defense; the discriminatory intent or effect of using demographic data to influence housing choices is what creates liability.

Answer Options
A
Gina has no liability because steering requires an affirmative refusal to show properties, not a verbal disclosure
B
Gina has no liability because she only disclosed truthful, factual information about the neighborhood's demographics
C
Gina may only be liable if she made the demographic disclosure in writing rather than verbally
D
Gina may be liable for steering because disclosing neighborhood demographic composition to influence a buyer's decision is a discriminatory practice regardless of the information's accuracy

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Related Topics & Key Terms

Key Terms:

chapter_151Bsteeringdemographic_disclosuretruthful_information_defensefair_housing_enforcement

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