A buyer's agent in Edina discovers that her buyer client, David, has a physical disability and uses a wheelchair. David wants to purchase a condominium unit. The seller's agent refuses to schedule a showing because the building has no elevator and states, 'It wouldn't work for someone like David anyway.' The buyer's agent reports this to the Minnesota Department of Human Rights. Under the Minnesota Human Rights Act, which party or parties are most likely in violation?
Correct Answer
C) Both the listing agent and the seller may be in violation, as the listing agent's conduct is attributable to the seller and both may be independently liable
Under the Minnesota Human Rights Act (Minn. Stat. Ch. 363A), disability is a protected class. Refusing to show a property to a buyer because of the buyer's disability is an unlawful discriminatory practice. The listing agent's refusal — based on an assumption about what 'works' for a person with a disability — constitutes disability-based discrimination. As the agent's principal, the seller may also be vicariously liable for the agent's discriminatory conduct carried out within the scope of the agency relationship. Both the agent and the seller can face liability under the Act.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.
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.
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