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Practice Of Real EstateFair_housingMEDIUM

A licensed broker in Lawton, Oklahoma receives a listing for a single-family home. The seller tells the broker, 'I don't want to sell to anyone who is not of the same race as me.' The broker declines to follow this instruction. Which of the following best describes the broker's legal obligation under Oklahoma law?

Correct Answer

C) The broker must refuse to carry out the discriminatory instruction and may withdraw from the listing if the seller insists

Under the Oklahoma Fair Housing Act (Title 25 O.S. §§ 1451-1466) and OREC's licensing requirements, a broker cannot follow a seller's discriminatory instruction to exclude buyers based on race, a protected class. The broker's fiduciary duty does not extend to carrying out illegal instructions. The broker is legally required to refuse the discriminatory directive and, if the seller insists on maintaining the discriminatory condition, the broker may terminate the listing agreement.

Answer Options
A
The broker may follow the seller's instruction because the seller has the right to choose the buyer for their own home
B
The broker must follow the seller's instruction as part of the fiduciary duty owed to the client
C
The broker must refuse to carry out the discriminatory instruction and may withdraw from the listing if the seller insists
D
The broker must report the seller to OREC immediately before taking any other action

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Related Topics & Key Terms

Key Terms:

fair_housingraceprotected_classesbroker_obligationsdiscriminatory_instruction

Related Concepts

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

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