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Practice Of Real EstateFair HousingMEDIUM

A homeowner in Franklin, Tennessee tells her affiliate broker, 'I don't want any families with kids — they'll destroy my hardwood floors.' The home is a single-family residence listed on the open market. The affiliate broker knows this instruction violates fair housing law. What should the affiliate broker do?

Correct Answer

D) Refuse to follow the discriminatory instruction and inform the seller that familial status is a protected class

Familial status — which includes households with minor children under age 18 — is a protected class under both the Tennessee Human Rights Act and the federal Fair Housing Act. An affiliate broker cannot follow a seller's instruction to discriminate against families with children. The broker's obligation is to inform the seller that such a restriction is illegal and refuse to implement it. Complying with or facilitating the discriminatory instruction would expose the broker to TREC disciplinary action and civil liability under Tennessee and federal fair housing law.

Answer Options
A
Follow the seller's instruction because the seller's wishes take priority in a listing agreement
B
Follow the instruction only for the first 30 days of the listing and then market the property without restriction
C
Include the restriction in the MLS listing but add a disclaimer that it is the seller's preference
D
Refuse to follow the discriminatory instruction and inform the seller that familial status is a protected class

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Related Topics & Key Terms

Key Terms:

familial_statusprotected_classesseller_instructionaffiliate_brokerfair_housing

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