A real estate salesperson is working with a seller client. The seller instructs the salesperson not to show their property to any individuals who appear to be under the age of 30, stating they prefer a 'mature' buyer. The salesperson should:
- AShow the property to all qualified buyers regardless of age, but avoid actively marketing it to younger individuals.
- BInform the seller that this instruction violates the Fair Housing Act and explain the protected classes.
- CComply with the seller's wishes, as the salesperson's primary duty is to obey the client's lawful instructions.
- DSuggest the seller focus on marketing to 'empty nesters' to indirectly achieve their preference.
Show answer & explanationAnswer & explanation
Correct answer: B. Inform the seller that this instruction violates the Fair Housing Act and explain the protected classes.
Age is a protected class under New York State Human Rights Law and, in some contexts, under federal fair housing laws (e.g., familial status, which often correlates with age). A salesperson cannot comply with discriminatory instructions from a client. Their duty is to inform the client that such an instruction is illegal and that they cannot participate in discriminatory practices.
Why the other options are wrong
- A. Even if not 'actively marketing,' refusing to show based on age is discriminatory and illegal. The salesperson must refuse the instruction, not just passively avoid it.
- C. The duty of obedience only applies to *lawful* instructions. This instruction is unlawful.
- D. Suggesting indirect discriminatory tactics is still a violation of fair housing laws.
Refusal of Discriminatory Instructions
Real estate professionals must refuse any discriminatory instructions from clients, as compliance would violate fair housing laws. They have a duty to educate clients about protected classes and the illegality of such requests.
- Fair Housing Act prohibits discrimination based on protected classes.
- Age is a protected class in NY (and related to familial status federally).
- Salespersons cannot obey unlawful instructions.
- Duty to educate clients on fair housing.
Memory trick: Lawful Last, Discrimination Never.