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Practice Of Real EstateFair_housingHARD

A Wisconsin broker is representing a seller who insists on including a clause in the listing agreement stating that the property will not be shown to anyone receiving public housing assistance. The broker knows that Wisconsin Chapter 106 protects lawful source of income. Which of the following actions should the broker take?

Correct Answer

D) Refuse to include the clause and explain to the seller that complying would violate Wisconsin fair housing law and could result in license discipline.

A Wisconsin broker cannot include discriminatory instructions in a listing agreement or otherwise act on them, even at the seller's direction. Lawful source of income is a protected class under Wisconsin Statutes Chapter 106, and following the seller's discriminatory instruction would expose the broker to license discipline, civil liability, and fair housing violations. The broker's duty to comply with fair housing law supersedes the duty to follow the principal's instructions when those instructions are illegal.

Answer Options
A
Include the clause only if the seller signs a separate written acknowledgment of the discriminatory nature of the instruction.
B
Include the clause because the seller's instructions must be followed as the principal in the agency relationship.
C
Include the clause but note in the MLS listing that the seller prefers non-voucher buyers as a personal preference.
D
Refuse to include the clause and explain to the seller that complying would violate Wisconsin fair housing law and could result in license discipline.

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Related Topics & Key Terms

Key Terms:

fair_housinglawful_source_of_incomeprotected_classeswisconsin_chapter_106broker_obligationslisting_agreement

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