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Practice Of Real EstateFair HousingMEDIUM

Sandra, a broker-in-charge at a Knoxville real estate firm, discovers that one of her affiliate brokers has been telling prospective buyers that a particular neighborhood is 'changing' and encouraging them to look elsewhere based on the racial composition of the area. Sandra immediately terminates the affiliate broker and reports the conduct to TREC. Under Tennessee law, which of the following statements best describes Sandra's potential liability?

Correct Answer

B) Sandra may face disciplinary action from TREC if she knew or should have known about the conduct and failed to prevent it.

Under Tenn. Code Ann. § 62-13-312 and TREC's supervisory responsibility rules, a broker-in-charge has a duty to supervise affiliate brokers working under their license. If TREC determines that Sandra knew or reasonably should have known about the discriminatory conduct and failed to take appropriate corrective action, she may face disciplinary action including fines, suspension, or revocation. The self-reporting and termination are mitigating factors but do not automatically eliminate liability if supervisory failures existed.

Answer Options
A
Sandra has no liability because she terminated the affiliate broker and self-reported to TREC.
B
Sandra may face disciplinary action from TREC if she knew or should have known about the conduct and failed to prevent it.
C
Sandra is automatically liable for all fair housing violations committed by her affiliate brokers regardless of her knowledge.
D
Sandra's liability is limited to a written reprimand because she voluntarily disclosed the violation to TREC.

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Related Topics & Key Terms

Key Terms:

broker_in_chargesupervisory_liabilityblockbustingtrec_disciplineaffiliate_broker

Related Concepts

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.

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.

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