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Practice Of Real EstateFair_housingMEDIUM

During a listing presentation in Kenosha, a seller tells her agent that she does not want to sell to anyone who is gay or lesbian. The listing agent explains that she cannot honor this request. Which of the following is the most accurate legal basis for the agent's position under Wisconsin law?

Correct Answer

B) Sexual orientation is a protected class under Wisconsin Statutes Chapter 106, and honoring the request would expose both the agent and seller to liability.

Wisconsin Statutes Chapter 106 includes sexual orientation as a protected class in housing transactions. A licensee who follows a seller's discriminatory instructions violates Wisconsin fair housing law and could face disciplinary action, civil liability, and license sanctions. The agent is correct that she cannot honor the seller's discriminatory request, regardless of the agency relationship.

Answer Options
A
The agent must comply with the seller's instructions because the seller is the principal in the agency relationship.
B
Sexual orientation is a protected class under Wisconsin Statutes Chapter 106, and honoring the request would expose both the agent and seller to liability.
C
The agent must refuse only if the buyer is also a member of a federally protected class under the Fair Housing Act.
D
The agent may honor the request if it is stated in writing in the listing agreement.

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Related Topics & Key Terms

Key Terms:

fair_housingsexual_orientationprotected_classeswisconsin_chapter_106agent_obligationslisting_agreement

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