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Q: May a
real estate agent discriminate at the direction of the owner?
A: A: No. Even if a real estate agent has no
discriminatory intent, the agent is in violation of the fair housing laws when
discriminating against persons from one of the protected categories at the direction of
the owner or lessor. Likewise, and agent is in violation if he or she knows that members
of protected categories may be unlawfully rejected by the owner or lessor.
Q: What should a real estate
agent do if he or she finds out that the seller or landlord intends to discriminate
against a member of a protected category?
A: The agent should immediately terminate the
agency relationship with the seller or landlord. The agent should then send a letter to
the seller or landlord stating that the relationship has been terminated and explaining
why. Next, the agent should inform any other agents or other parties to the transaction
that he or she no longer represents the seller or landlord.
Q: Can a real estate agent
decline to show property in a particular area because members of a protected category
reside in that area?
A: No. This is steering, even if the buyer requests
it. The real estate agent should inform the buyer that he or she can show property based
on any of the buyer's other criteria, but not the presence or absence in the area of
members of a protected category.
Q: Is a real estate brokerage
firm in violation of the fair housing laws if one of its employees or agents unlawfully
discriminates?
A: Yes.
Q: Can a real estate agent answer
questions about the characteristics of a neighborhood if the questions concern one of the
protected categories?
A: No.
Q: Is it a violation of the fair
housing laws to deny an agent who is a member of a protected category access to real
estate related services?
A: Yes. It is a violation of fair housing laws to
deny a qualified real estate agent access to or membership in any membership listing
service, real estate brokers' organization or other service, organization, or facility
relating to the business of selling or renting housing, because he or she is a member of
one of the protected categories.
Q: Can a violation of the fair
housing law affect a real estate broker's or salesman's license?
A: Yes. A violation of the fair
housing laws is a violation of the North Carolina Real Estate License law; therefore, it
could result in suspension or revocation of the agent's license by the North Carolina Real
Estate Commission.
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