A homeowner in Brookings, South Dakota, wants to sell her single-family home without using a real estate licensee. She posts an advertisement on a community board stating she prefers to sell to a family of the same religious denomination as herself. Under South Dakota's Human Relations Act, which of the following best describes the legality of this advertisement?
Correct Answer
D) The advertisement is unlawful because religion is a protected class under both federal and South Dakota state fair housing law with no applicable exemption for this situation.
Religion is a protected class under both the federal Fair Housing Act and South Dakota's Human Relations Act (SDCL Chapter 20-13). While the federal Fair Housing Act has a limited exemption for certain owner-occupied dwellings with no more than four units sold without a broker, this exemption does NOT apply when the owner publishes a discriminatory advertisement. Posting an advertisement expressing a religious preference eliminates the exemption under federal law, and South Dakota law similarly prohibits discriminatory advertising regardless of the sale method.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.
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.
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