A licensed broker in King County represents a seller who instructs the broker to 'only show the property to buyers who are not using government assistance.' The broker complies and turns away a qualified buyer who is pre-approved but whose down payment includes funds from a state housing assistance grant. The buyer files complaints with both the Washington State Human Rights Commission and the Washington State Department of Licensing. Which of the following most accurately describes the potential consequences for the broker?
Correct Answer
B) The broker faces potential WSHRC enforcement for violating RCW 49.60 and DOL discipline for violating RCW 18.85, and following a client's discriminatory instruction is not a valid defense
A licensed broker who follows a client's discriminatory instruction faces dual exposure. First, the Washington State Human Rights Commission (WSHRC) enforces RCW 49.60, which prohibits discrimination in real estate transactions. In King County, source-of-income discrimination (including discrimination based on use of government housing assistance) is prohibited under local ordinance, and the broker's conduct in turning away the buyer implicates this protection. Second, the Washington State Department of Licensing (DOL) has authority under RCW 18.85 to discipline licensees who engage in discriminatory practices or who violate fair housing laws. Critically, a licensee's compliance with a client's discriminatory instruction is not a defense — brokers have an independent legal obligation to comply with fair housing law, and following an unlawful client instruction makes the broker a participant in the discrimination.
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Related Topics & Key Terms
Key Terms:
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.
More Practice Of Real Estate Questions
In Wyoming real estate practice, an associate broker or salesperson is not associated with a responsible broker at renewal. What should the licensee remember?
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