A Maryland real estate broker receives a complaint from a buyer who alleges that a seller refused to accept his offer because the seller discovered the buyer is gay. The buyer also alleges that the listing agent knew of the seller's motivation and remained silent. Under the Maryland Fair Housing Act, which of the following statements is most accurate regarding the liability of the listing agent?
Correct Answer
A) The listing agent may be liable for participating in discrimination based on sexual orientation by following the seller's discriminatory instructions
Under the Maryland Fair Housing Act (Md. Code Ann., State Gov't § 20-702), sexual orientation is a protected class. An agent who knows that a seller is rejecting an offer based on a protected characteristic and does nothing — or who follows the seller's discriminatory instructions — may be liable for participating in or facilitating the discrimination. Licensees have an affirmative duty not to engage in or assist with discriminatory practices.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
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.
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