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Practice Of Real EstateFair HousingEASY

Sandra, a licensed Montana real estate salesperson, is helping a seller screen potential buyers. The seller instructs Sandra to avoid showing the home to recently divorced individuals because he believes single buyers are less financially stable. If Sandra follows this instruction, which Montana law would she most likely be violating?

Correct Answer

B) The Montana Human Rights Act, because marital status is a state-level protected class

The Montana Human Rights Act (MCA Title 49, Chapter 2) includes 'marital status' as a protected class in housing transactions. Refusing to show or sell a home to someone based on their marital status — such as being divorced or single — is illegal under Montana state law. This protection does not exist under the federal Fair Housing Act, making it a Montana-specific requirement.

Answer Options
A
The federal Fair Housing Act, because marital status is a federally protected class
B
The Montana Human Rights Act, because marital status is a state-level protected class
C
The Montana Real Estate Licensing Act, because agents cannot accept any seller instructions
D
The Montana Subdivision and Platting Act, because buyer screening is regulated under subdivision law

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Related Topics & Key Terms

Key Terms:

marital_statusstate_protected_classesmontana_human_rights_actsalesperson_duties

Related Concepts

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.

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

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