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Practice Of Real EstateFair_housingHARD

A Vermont seller instructs her listing agent to reject any offer from a buyer who is under 30 years old, claiming she wants to sell to someone 'mature and established.' The agent is aware that age is a protected class under Vermont law for individuals 18 and older. A 26-year-old qualified buyer submits a full-price offer, which the seller rejects solely due to his age. Which of the following most accurately describes the legal exposure in this situation?

Correct Answer

A) Both the seller and the agent may face liability under Vermont's fair housing law for age discrimination.

Under 9 V.S.A. Chapter 139, age (for individuals 18 and older) is a protected class in Vermont. Both the seller and the agent may face liability. The seller is directly liable for the discriminatory refusal. The agent is also exposed to liability because Vermont law and professional obligations require licensees to refuse to participate in discriminatory practices. An agent who carries out a seller's discriminatory instruction—rather than refusing and potentially withdrawing from the listing—becomes a participant in the violation and cannot claim protection by citing client instructions.

Answer Options
A
Both the seller and the agent may face liability under Vermont's fair housing law for age discrimination.
B
Only the seller faces liability because the agent is protected by following client instructions.
C
Only the agent faces liability because the agent had a duty to refuse the discriminatory instruction.
D
Neither party faces liability because the seller's age preference applies to a private residential sale.

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Related Topics & Key Terms

Key Terms:

fair_housingstate_protected_classesage_discriminationagent_liabilityseller_liability

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