Wisconsin Real Estate Sales Practice Exam

Under fair housing laws, when can a seller refuse to sell to someone based on age?

1. When the housing is for older persons

2. When the buyer is under 18

3. Never, age cannot be a factor

4. When the property is a family home

The correct answer is: When the housing is for older persons

The correct answer reflects provisions in fair housing laws that allow for certain exemptions specifically related to age discrimination. Under the Fair Housing Act, there are exceptions for housing designated for older persons, which is primarily intended for individuals aged 55 and older or 62 and older, depending on the housing's specific criteria. When a housing development qualifies as "housing for older persons," it can legally refuse to sell or rent to younger individuals, provided that the community follows the guidelines established by the law. This exemption is designed to permit the creation of age-restricted communities that cater specifically to older adults, allowing for their unique living preferences and needs, which can include amenities and services tailored for seniors. The other options do not accurately reflect how age can be considered in housing decisions. For instance, the stipulation regarding buyers under 18 does not apply since minors typically cannot enter into binding contracts without a guardian. Thus, a seller can't refuse based solely on that age criterion. Similarly, the assertion that a seller can never consider age does not hold true due to these specified exemptions. Lastly, a refusal based on the property being a family home does not provide grounds for age discrimination under fair housing laws.