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Practice Of Real EstateFair HousingMEDIUM

Under MGL Chapter 151B, a licensed real estate salesperson is working with a seller who owns a single-family home. The seller tells the salesperson, 'I only want to sell to a family without young children.' The salesperson knows that familial status is a protected class. Which action best reflects the salesperson's legal obligations under Massachusetts law?

Correct Answer

B) Refuse to follow the seller's discriminatory instructions and inform the seller of the fair housing obligations

Under MGL Chapter 151B and the Massachusetts Board of Registration regulations, a licensed real estate salesperson cannot follow client instructions that constitute illegal discrimination based on a protected class. Familial status is a protected class under both Chapter 151B and the federal Fair Housing Act. Even if a single-family home seller might personally qualify for an exemption in certain circumstances, a licensee's involvement removes any such exemption. The salesperson must refuse the discriminatory instruction and advise the seller of their fair housing obligations.

Answer Options
A
Follow the seller's instructions because single-family homes are exempt from Chapter 151B
B
Refuse to follow the seller's discriminatory instructions and inform the seller of the fair housing obligations
C
Follow the seller's instructions only if no written record is kept of the preference
D
Follow the seller's instructions because the salesperson is acting as an agent and must obey the principal

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Related Topics & Key Terms

Key Terms:

fair_housingexemptionslicensee_obligationsfamilial_statuschapter_151B

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

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