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Practice Of Real EstateFair_housingHARD

A Missouri real estate licensee is disciplined by MREC for violating fair housing law. Separately, the aggrieved buyer files a complaint with the Missouri Commission on Human Rights and also pursues a civil lawsuit under the Missouri Merchandising Practices Act. Which of the following statements accurately describes the relationship between these three proceedings?

Correct Answer

B) All three proceedings are independent — MREC discipline, MCHR adjudication, and civil liability under the MPA can each proceed separately

In Missouri, a fair housing violation by a licensee can trigger multiple independent proceedings: (1) MREC can discipline the licensee's license under RSMo Chapter 339; (2) the Missouri Commission on Human Rights can adjudicate the fair housing complaint under RSMo Chapter 213; and (3) the Missouri Attorney General or a private party can pursue civil remedies under the Missouri Merchandising Practices Act (RSMo § 407.010 et seq.), which broadly prohibits deceptive and unfair practices in real estate. These are separate legal frameworks with independent remedies.

Answer Options
A
The MREC disciplinary action automatically resolves the MCHR complaint, so only two proceedings can occur
B
All three proceedings are independent — MREC discipline, MCHR adjudication, and civil liability under the MPA can each proceed separately
C
The Missouri Merchandising Practices Act cannot apply to real estate transactions, so the civil lawsuit is invalid
D
A licensee can only face one form of penalty per fair housing violation under Missouri law

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Related Topics & Key Terms

Key Terms:

mrec_disciplinemchrmerchandising_practices_actmultiple_proceedingsfair_housing_enforcement

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