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Practice Of Real EstateFair_housingHARD

A Washington listing agent receives an offer from a buyer whose name suggests a particular national origin. The seller tells the agent, 'I don't want to sell to someone with that background.' The agent does not present the offer to the seller and instead tells the buyer the property is already under contract. Which statement best describes the agent's legal exposure?

Correct Answer

A) The agent may face fair housing liability and DOL disciplinary action because complying with discriminatory seller instructions is itself a violation

Under the federal Fair Housing Act and RCW 49.60, national origin is a protected class. A licensee who follows discriminatory instructions from a seller — including failing to present an offer or misrepresenting the status of a property — is personally liable for the fair housing violation. The fact that the seller gave the instruction does not shield the agent. Additionally, under RCW 18.85, engaging in discriminatory practices is grounds for disciplinary action by the Washington DOL, including license suspension or revocation. The agent's misrepresentation to the buyer compounds the violation.

Answer Options
A
The agent may face fair housing liability and DOL disciplinary action because complying with discriminatory seller instructions is itself a violation
B
The agent's liability is limited to a civil fine only, because no formal agency agreement existed with the buyer
C
The agent is protected from liability because the misrepresentation was made to the buyer, not the seller
D
The agent has no liability because the seller gave the discriminatory instruction and the agent was following client directions

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Related Topics & Key Terms

Key Terms:

national_originlicensee_liabilitydiscriminatory_instructionsdol_discipline

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