Question

When a deed contains discriminatory language or clauses

(A) the deed needs to be rewritten by the owner before the property may be sold
(B) the title company must rewrite the deed
(C) the discriminatory words or causes are unenforceable
(D) the clauses may be enforced, since they would be considered grandfathered into law

Answer 1

Discriminatory language or clauses in a deed are unenforceable based on U.S. Supreme Court decisions and the Fair Housing Act of 1968, making such terms legally void and without effect on the sale of property.

Step-by-step explanation:

When a deed contains discriminatory language or clauses, such terms are considered unenforceable based on legal precedents and civil rights laws. The U.S. Supreme Court, in the case of Shelley v. Kraemer (1948), deemed that while restrictive covenants did not violate the Fourteenth Amendment on their own the government — including courts — could not enforce such discriminatory provisions without violating the amendment.

Furthermore the Fair Housing Act of 1968 explicitly prohibits discrimination in the sale, rental, and financing of dwellings based on race, color, religion, sex or national origin. As such any discriminatory words or clauses in a deed would not prevent the sale of a property but would be disregarded as they do not hold legal weight.