A seller in Montclair instructs her listing agent to only accept offers from buyers of a particular ethnic ancestry, citing a desire to preserve the neighborhood's cultural character. The listing agent refuses to follow this instruction. Which of the following best explains why the agent is correct to refuse?
Correct Answer
A) Ancestry is a protected class under the NJ LAD, and following the instruction would constitute illegal discrimination.
Ancestry is an explicitly protected class under the New Jersey Law Against Discrimination (N.J.S.A. 10:5-1 et seq.). Refusing to show or sell property based on a buyer's ancestry is illegal housing discrimination. A licensed agent who follows such an instruction would be participating in the discrimination and would be subject to disciplinary action under both the NJ LAD and the NJ Real Estate License Act.
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Related Topics & Key Terms
Key Terms:
Related Concepts
License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.
Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.
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.
More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
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