A Washington real estate agent represents a seller whose home is listed at $450,000. A buyer with a disability requests that the seller make structural modifications to the property as a condition of the offer. The seller refuses, stating he is not required to make any changes. Which of the following best describes the legal situation under the federal Fair Housing Act?
Correct Answer
A) The seller may refuse, because the Fair Housing Act's reasonable modification requirement applies to landlords in rental housing, not to sellers in a sale transaction
Under the federal Fair Housing Act, the 'reasonable modification' requirement applies to rental housing, not to the sale of property. In a rental context, landlords must allow tenants with disabilities to make reasonable modifications to the unit at the tenant's expense (with restoration requirements in some cases). In a sale transaction, the seller is not legally required to make structural modifications to accommodate a buyer's disability. The buyer may negotiate for modifications as part of the purchase agreement, but the seller is not mandated to agree. This is a critical distinction between the rental and sale contexts under federal fair housing law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A trust account, also called an escrow account, is a separate bank account maintained by a broker to hold funds belonging to others, such as earnest money deposits, security deposits, or other client funds.
Advertising regulations govern how real estate licensees may market properties and services, requiring truthful, non-deceptive advertising that includes proper identification of the brokerage.
Antitrust violations in real estate occur when competing brokerages or agents engage in practices that restrain trade, reduce competition, or harm consumers through collusion. These violations are governed by the Sherman Antitrust Act and can result in severe penalties.
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