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Buyer A sues Owner B for racial discrimination in an owner-occupied single-family house sale transaction, citing the 1866 Civil Rights Act. Owner B says he has an exemption under the 1968 Federal Fair Housing Act. What court case should Buyer A cite to prove Owner B wrong?

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Final answer:

Buyer A can cite Shelley v. Kraemer to prove Owner B is wrong in claiming an exemption in a racial discrimination suit in a housing sale transaction, as this landmark case established that racial covenants cannot be legally enforced, which applies to the sale of property regardless of the Fair Housing Act's exemptions.

Step-by-step explanation:

If Buyer A is suing Owner B for racial discrimination in a housing sale transaction, citing the 1866 Civil Rights Act, they would aim to challenge Owner B's claim of exemption under the 1968 Federal Fair Housing Act. Buyer A should cite the U.S. Supreme Court case Shelley v. Kraemer from 1948 to prove that Owner B is incorrect. This landmark case held that courts could not enforce racial covenants in real estate, which are agreements that restrict the sale of property based on race. This decision was a significant legal step forward in the battle against housing discrimination.

Additionally, although the Fair Housing Act of 1968 does provide some exemptions for owner-occupied single-family homes, these exemptions do not apply when discriminatory advertisements or statements are used, nor do they override the protections against racial discrimination established by the 1866 Civil Rights Act. Buyer A's case would be bolstered by presenting evidence that Owner B violated these guidelines.

Since the question pertains to racial discrimination, it's important to note that someone wanting to sue based upon racial discrimination in employment would have to prove disparate treatment related to wages, job position, or expertise, although this is different from housing discrimination cases.

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