James, a licensed NH broker, represents a seller in Laconia. A buyer's agent submits an offer on behalf of a buyer who is in a same-sex civil union. James tells the buyer's agent that his seller 'only wants to sell to traditional buyers' and rejects the offer without presenting it to the seller. Which of the following best describes James's legal exposure?
Correct Answer
B) James may face discipline under RSA 331-A and liability under RSA 354-A for discriminatory conduct
James has committed multiple violations. By rejecting the offer without presenting it to the seller, he breached his fiduciary duty under RSA 331-A. By doing so based on the buyer's sexual orientation or marital status (civil union), he violated RSA 354-A, which protects both sexual orientation and marital status. James faces potential disciplinary action by NHREC under RSA 331-A and civil liability under RSA 354-A.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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