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Practice Of Real EstateFair_housingMEDIUM

A homeowner in Salem is selling her home without a broker (FSBO). She posts a sign in her yard that reads: 'For Sale — Christians Only.' A non-Christian buyer files a fair housing complaint. Which of the following statements is most accurate regarding the homeowner's liability?

Correct Answer

A) The homeowner has no exemption because she used a discriminatory advertisement, which is prohibited regardless of other exemptions

While the federal Fair Housing Act does provide a limited exemption for private individual owners of single-family homes (the 'Mrs. Murphy' exemption), that exemption is explicitly conditioned on the owner NOT using discriminatory advertising. Under 42 U.S.C. § 3603(b), the exemption does not apply if the person uses discriminatory language in any advertisement. By posting a 'Christians Only' sign, the homeowner has used discriminatory advertising based on religion, voiding any potential exemption.

Answer Options
A
The homeowner has no exemption because she used a discriminatory advertisement, which is prohibited regardless of other exemptions
B
The homeowner is fully exempt because she is selling a single-family home and is not a real estate professional
C
The homeowner is exempt because private individuals selling their own homes are not subject to the Fair Housing Act
D
The homeowner is exempt only if she owns fewer than three single-family homes and does not use a broker or discriminatory advertising

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Related Topics & Key Terms

Key Terms:

religionfederal_fair_housingexemptionsadvertisingFSBO

Related Concepts

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

Brokers in Florida have strict responsibilities for managing escrow accounts, including monthly reconciliation and proper handling of trust funds.

FREC has the authority to impose fines and other disciplinary actions on licensees who violate real estate laws and rules.

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