Pacifist Seller Refuses to Sell to Military Serviceperson

May 25th, 2020 at 12:36 pm

Question: I have a new listing. We received an offer from buyers who may be members of the military, because they are going for a VA loan. Much to my surprise, my seller said that he is a pacifist and he will not sell to anyone in the military. What should I do? 

Answer: Inform your seller that, under the fair housing laws, he cannot refuse to sell based on someone’s military or veteran status. In fact, military or veteran status was recently added as a protected class to the Fair Employment and Housing Act (effective January 1, 2020). You may also want to remind your seller that he specifically agreed to comply with the anti-discrimination laws when he entered into C.A.R.’s Residential Listing Agreement (RLA) (see paragraph 14).

The seller is not obligated to do any VA lender-required repairs or sign the VA amendatory clause (which allows buyers to cancel if the appraisal comes in low). But the seller is nevertheless prohibited from refusing to sell based on the buyers’ military or veteran status.

-On this Memorial Day, we remember those who gave the ultimate sacrifice for our country.

Copyright© 2020 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of May 25, 2020. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.

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