17. Under the provisions of the Federal Fair Housing Act, if a seller does NOT want to sell property to persons of a particular race, the listing salesperson should:
Answer: A
Refuse the listing
In accordance with the Federal Fair Housing Act, a listing salesperson must refuse the listing if the seller expresses a desire to discriminate against potential buyers based on race. This obligation helps to uphold the principles of fair housing and prohibits discriminatory practices in the sale of real estate.
A) refuse the listing
This option is correct as it aligns with the requirements of the Fair Housing Act. By refusing the listing, the salesperson is taking a stand against discrimination and ensuring compliance with federal law, which is designed to promote equal housing opportunities regardless of race.
B) list the property if it is a one-to-four-family dwelling
This option is incorrect because the Fair Housing Act applies to all residential properties, including one-to-four-family dwellings. A listing salesperson must not act on discriminatory instructions, regardless of the property type, to maintain ethical standards and adhere to legal requirements.
C) notify the listing broker of the seller's request
While notifying the broker may seem appropriate, this option does not address the fundamental issue of discrimination. The salesperson must refuse the listing outright rather than continuing the process or informing others of the discriminatory request, as this would still perpetuate unethical practices.
D) accept the fiduciary duty to follow the instructions of the client
This option is incorrect because fiduciary duty does not extend to following illegal or unethical instructions. Accepting such instructions would violate the Fair Housing Act, and the salesperson has a legal and ethical obligation to reject any discriminatory requests from clients.
Conclusion
Refusing the listing is the only appropriate action under the Fair Housing Act when faced with discrimination based on race. All other options either perpetuate unethical practices or fail to uphold the law, making them unsuitable responses in this context. By adhering to the correct choice, the salesperson actively supports fair housing principles and protects the rights of all individuals seeking housing.