Beth Ann owns a single-family home in Newton, Massachusetts, and decides to sell it herself as a for-sale-by-owner (FSBO) without any broker involvement. She tells a prospective buyer that she prefers not to sell to someone with a disability because she worries about liability for accessibility modifications. The buyer files a complaint under MGL Chapter 151B. Which of the following is most accurate?
Correct Answer
D) Beth Ann is subject to Chapter 151B because disability is a protected class and FSBO sales are not categorically exempt
Under MGL Chapter 151B, disability (handicap) is a protected class, and the statute covers individual sellers of single-family homes unless a specific statutory exemption applies. The FSBO exemption under Chapter 151B is narrow: it applies only when the seller owns three or fewer single-family homes, does not use a broker, and does not use discriminatory advertising. However, even within the FSBO context, Massachusetts does not provide a blanket exemption from the prohibition on discriminatory statements. Beth Ann's explicit statement of preference against a disabled buyer is a violation of Chapter 151B regardless of her stated rationale.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.
Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.
FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.
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