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Practice Of Real EstateFair HousingEASY

Maria, a licensed real estate salesperson in South Dakota, is helping a seller list a home in Rapid City. The seller tells Maria he does not want to sell to anyone of Native American ancestry. What is Maria's correct course of action under South Dakota law?

Correct Answer

B) Refuse to carry out the seller's discriminatory instructions and explain that ancestry is a protected class under South Dakota law.

Under the South Dakota Human Relations Act (SDCL Chapter 20-13), ancestry is a protected class. A licensee cannot carry out discriminatory instructions from a seller, as doing so would constitute a violation of both state fair housing law and SDREC licensing regulations. Maria must refuse the discriminatory instruction and explain the legal prohibition to the seller.

Answer Options
A
Follow the seller's instructions, since the seller has the right to choose buyers for his own property.
B
Refuse to carry out the seller's discriminatory instructions and explain that ancestry is a protected class under South Dakota law.
C
Accept the listing but inform prospective buyers of Native American ancestry that the property is no longer available.
D
Report the seller's instructions only to the South Dakota Real Estate Commission and take no further action.

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Related Topics & Key Terms

Key Terms:

discriminatory_instructionsancestrylicensee_obligationsstate_fair_housing

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