An associate broker in Taos is working with a buyer couple, David and Elena. The listing agent tells the associate broker that the seller will not accept offers from same-sex couples. David and Elena are a same-sex married couple. Which statement best describes the legal situation under New Mexico law?
Correct Answer
A) The seller's restriction violates the New Mexico Human Rights Act because sexual orientation is a state protected class.
The New Mexico Human Rights Act (NMSA 1978, Chapter 28, Article 1) explicitly protects sexual orientation as a class in housing transactions. Refusing to accept offers from a same-sex couple constitutes illegal discrimination based on sexual orientation under New Mexico state law. Neither the associate broker nor the listing agent may comply with or facilitate this discriminatory instruction.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
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.
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