Agency
An agent who is asked by their client to perform an act that would violate fair housing law must:
AComply because the client's instructions must always be followed
BComply only if the client provides written instructions
CRefuse because following illegal instructions is not within the scope of lawful agency✓ Correct
DReport the client to IDFPR but still follow the instructions
Explanation
An agent cannot follow instructions that violate fair housing law or any other law, even if the client requests it. Unlawful client instructions are outside the scope of any agency duty, and following them would expose the agent to liability.
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Key Terms to Know
Agency
A legal relationship in which a licensee (agent) acts on behalf of a principal (buyer or seller) in a real estate transaction.
LienA financial claim against a property that serves as security for a debt or obligation, giving the creditor the right to foreclose if unpaid.
Fiduciary DutyThe highest legal duty an agent owes to a principal — requiring the agent to act in the principal's best interest above all others.
Dual AgencyA situation where a single real estate agent or brokerage represents both the buyer and the seller in the same transaction.
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