Haw. Code R. § 12-46-316 - Responsibility for discriminatory practices

A person may be liable for discriminatory practices made unlawful under this subchapter including, but not limited to, the following situations:

(1) An owner, any person engaging in a real estate transaction, or a real estate broker or salesperson is liable for any of its acts which constitute a discriminatory practice under this subchapter.

(2) An owner, any person engaging in a real estate transaction, or a real estate broker or salesperson may be liable for the acts of agents or persons acting on their behalf regardless of whether the specified acts were authorized or even forbidden, if the owner, any person engaging in a real estate transaction, or a real estate broker or salesperson knew or should have known of their occurrence. The commission will examine the circumstances of the particular agency or employment relationship and job functions of the person in determining whether the person acted as an agent or on behalf of the owner, any person engaging in a real estate transaction, or a real estate broker or salesperson.

Notes

Haw. Code R. § 12-46-316

[Eff 10/15/93] (Auth: HRS §§ 368-3; 515-9(7)) (Imp: HRS §§ 515-1, 515-2, 515-3, 515-5, 515-6, 515-7, 515-9(7), 515-16, 515-17, 515-20)