A real estate licensee in Charleston, WV is representing a seller who states: 'I don't want to sell to anyone whose grandparents immigrated from Eastern Europe.' The licensee refuses to follow this instruction. Which of the following best explains why the licensee's refusal is legally required under West Virginia law, beyond what federal law alone would require?
Correct Answer
A) The instruction violates the West Virginia Human Rights Act's protection of ancestry as a state-specific protected class, providing an independent state law basis for refusal.
Under W. Va. Code § 5-11-9, ancestry is a protected class under the West Virginia Human Rights Act. A seller's instruction to exclude buyers based on their grandparents' national or ethnic origin directly implicates ancestry discrimination — a WV-specific protection that goes beyond the federal Fair Housing Act's seven protected classes. The licensee's refusal is not only ethically appropriate but legally required under WV state law, providing an independent state-law basis beyond federal law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
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