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While reviewing title documents, a buyer finds an old recorded clause stating that the home may not be sold to members of a particular race. The buyer asks whether that clause can still be enforced in court. What is the best answer?

Correct Answer

C) No, racially restrictive covenants are illegal and unenforceable

Racially restrictive covenants are illegal and unenforceable. Courts may not enforce them, and modern fair housing law rejects discriminatory restrictions of that kind even if old language still appears in historic records.

Answer Options
A
Yes, but only if every owner in the subdivision signs a written consent to enforce it
B
Yes, if the restriction has remained in the chain of title for more than 30 years
C
No, racially restrictive covenants are illegal and unenforceable
D
No, but only because the property is owner-occupied rather than rented to tenants

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Related Topics & Key Terms

Key Terms:

racial_covenantsshelley_v_kraemerfair_housingdiscriminatory_restrictionstitle_review
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