A real estate firm in Brentwood, Tennessee advertises a luxury condominium listing using language that states, 'Perfect for young professionals — ideal for singles or couples without children.' A fair housing tester responds to the ad and files a complaint with the Tennessee Human Rights Commission. Which statement best describes the firm's potential liability?
Correct Answer
B) The firm may be liable for familial status discrimination because the advertisement expresses a preference that excludes families with children
Under the Tennessee Human Rights Act and the federal Fair Housing Act, it is unlawful to make, print, or publish any advertisement that indicates a preference, limitation, or discrimination based on a protected class. Language such as 'ideal for singles or couples without children' expresses a clear preference against families with children, which constitutes familial status discrimination. The advertisement itself is the violation — an actual refusal to sell is not required. Fair housing testers are recognized complainants, and advertising violations are actionable under both state and federal law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.
Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.
A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.
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