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Tx Fair Housing DtpaFederal_and_texas_fair_housingMEDIUM

Maria, a license holder in Fort Worth, is listing a single-family home. The seller privately tells Maria, "I don't want to sell to anyone from the Middle East." What is Maria's legal obligation under the Texas Fair Housing Act?

Correct Answer

C) Refuse to follow the discriminatory instruction and inform the seller that complying would violate fair housing law

Under the Texas Fair Housing Act (Texas Property Code Chapter 301) and federal law, a license holder must not follow discriminatory instructions from a client. The agent has an affirmative obligation to refuse the instruction and advise the seller that discrimination based on national origin is illegal. TREC can also discipline a license holder who participates in discriminatory practices.

Answer Options
A
Follow the seller's instructions because the license holder has a fiduciary duty to obey the client's lawful directions
B
Withdraw from the listing without explanation to avoid involvement in discrimination
C
Refuse to follow the discriminatory instruction and inform the seller that complying would violate fair housing law
D
Document the seller's request and continue marketing the property to all buyers without disclosure

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Related Topics & Key Terms

Key Terms:

fair_housingnational_originlicense_holder_dutydiscriminatory_instructions

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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