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Practice Of Real EstateFair_housingHARD

A Virginia real estate licensee is facing a complaint before the Virginia Fair Housing Board. All of the following statements about the complaint and enforcement process under Virginia law are accurate EXCEPT:

Correct Answer

C) The complainant must obtain a final civil judgment before the Fair Housing Board can investigate the complaint

The requirement to obtain a final civil judgment BEFORE filing applies to the Virginia Real Estate Transaction Recovery Fund (Va. Code § 54.1-2112 et seq.), NOT to fair housing complaints. A person filing a fair housing complaint with the Virginia Fair Housing Board does NOT need to first obtain a civil judgment. The Board investigates the complaint directly upon filing. This is a classic Virginia exam trap that confuses the Recovery Fund's pre-condition with the fair housing complaint process.

Answer Options
A
The complainant must file the complaint within one year of the alleged discriminatory act
B
The Board will attempt conciliation between the parties after finding probable cause
C
The complainant must obtain a final civil judgment before the Fair Housing Board can investigate the complaint
D
The aggrieved party retains the right to file a civil action in court independent of the Board's process

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Related Topics & Key Terms

Key Terms:

fair_housingenforcementcomplaint_processrecovery_fund_confusionreverse_question

Related Concepts

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.

Florida brokers are required to maintain transaction records and escrow records for a minimum of five years.

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