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Practice Of Real EstateFair_housingHARD

A seller in Hattiesburg, Mississippi tells her listing broker that she will only sell to buyers who share her religion. The broker declines to include this restriction in the listing but also takes no other action. The seller's home is subsequently marketed without the restriction and sold to a buyer of a different religion. Which of the following most accurately describes the broker's obligations under Mississippi fair housing law in this situation?

Correct Answer

D) The broker should have informed the seller that the restriction violates the Mississippi Fair Housing Act and documented that conversation, in addition to refusing to enforce the restriction

Under the Mississippi Fair Housing Act, Miss. Code Ann. §43-141-1 et seq., religion is a protected class. A broker who receives discriminatory instructions from a seller must not only refuse to act on those instructions but should also inform the seller that such a restriction violates fair housing law and document that conversation. Simply omitting the restriction from the listing without addressing the underlying discriminatory intent leaves the broker potentially exposed to liability if the seller acts on that intent independently or through other means.

Answer Options
A
The broker fulfilled all obligations by refusing to include the restriction in the listing agreement
B
The broker should have immediately terminated the listing and reported the seller to the MREC
C
The broker had no obligation because the property was ultimately sold without applying the discriminatory restriction
D
The broker should have informed the seller that the restriction violates the Mississippi Fair Housing Act and documented that conversation, in addition to refusing to enforce the restriction

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Related Topics & Key Terms

Key Terms:

fair_housingreligionprotected_classesbroker_obligationsdiscriminatory_instructionsmississippi_fair_housing_act

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