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Practice Of Real EstateFair_housingHARD

Broker Angela represents a seller in Issaquah. The seller instructs Angela to include language in the MLS listing indicating the property is not suitable for 'non-traditional families.' Angela suspects this is code for discriminating against LGBTQ+ buyers. Angela refuses and instead lists the property with neutral language. The seller threatens to file a complaint against Angela with the DOL. Which of the following best describes Angela's legal position?

Correct Answer

B) Angela is protected because following the seller's instruction would require her to violate RCW 49.60, and licensees cannot be disciplined for refusing to carry out unlawful instructions.

Angela is legally protected for refusing to carry out the seller's instruction. Under RCW 49.60, discriminatory marketing language targeting protected classes (including sexual orientation and gender identity/expression) is unlawful. A real estate licensee cannot be disciplined by the DOL for refusing to follow a client's instruction that would violate state fair housing law. In fact, following the instruction would expose Angela to disciplinary action and civil liability under RCW 49.60.

Answer Options
A
Angela is at risk of a DOL complaint for refusing to follow her client's lawful instructions regarding the marketing of their property.
B
Angela is protected because following the seller's instruction would require her to violate RCW 49.60, and licensees cannot be disciplined for refusing to carry out unlawful instructions.
C
Angela must follow the seller's instructions but should document her objection in writing to protect herself from liability.
D
Angela should terminate the listing agreement immediately, as continuing to represent the seller creates automatic liability under RCW 49.60.

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Related Topics & Key Terms

Key Terms:

fair_housingdiscriminatory_advertisingrcw_49_60lgbtqbroker_dutiesseller_instructions

Related Concepts

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.

A tie-in arrangement is an illegal antitrust practice in which a seller conditions the purchase of one product or service on the buyer's agreement to purchase a separate product or service.

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