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Practice Of Real EstateFair_housingEASY

A real estate agent in St. Paul is working with a buyer named Marcus. Marcus mentions he is in a same-sex marriage. The listing agent for a property Marcus wants to view tells the buyer's agent that the seller prefers not to sell to same-sex couples. Which statement best describes the legal situation under Minnesota law?

Correct Answer

A) Both the seller's refusal and the listing agent's communication of that preference likely violate the Minnesota Human Rights Act.

Sexual orientation is a protected class under the Minnesota Human Rights Act (Minn. Stat. Ch. 363A). Refusing to sell to someone because of their sexual orientation is an unlawful discriminatory practice. Additionally, the listing agent who communicates and acts on the seller's discriminatory preference also likely violates the Act. Licensees cannot follow client instructions that require them to discriminate based on a protected class.

Answer Options
A
Both the seller's refusal and the listing agent's communication of that preference likely violate the Minnesota Human Rights Act.
B
The listing agent must follow the seller's instructions, as the seller is the client and the agent owes fiduciary duties to the seller.
C
The seller's preference is a private matter and does not violate any law because sexual orientation is not a federally protected class.
D
Only the seller is in violation; the listing agent is protected from liability by following client instructions.

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Related Topics & Key Terms

Key Terms:

minnesota_human_rights_actsexual_orientationprotected_classeslicensee_liabilityfair_housing

Related Concepts

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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.

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