Discrimination Liabilities When Selling Your House

Most home sellers are not aware that they must comply with the HUD Fair Housing Act when selecting someone to purchase their property.  The Fair Housing Act, as administered in the state of Washington, protects against discrimination on the basis of race, color, national origin, religion/creed, sex/gender, the presence of children, disability, sexual orientation and gender identity, marital status, and military/veteran status. These are known as “protected classes”.

In this very competitive market, many buyers write “love letters” to the seller explaining what they love about the home and often giving lots of info about themselves, sometimes including a photo with the dog and kids.  The problem is that the letters reveal many things about the buyers that fall under the protected classes.

These letters can sway sellers to select one buyer over another.  This is usually not done with malicious intent, but because they recognize something about themself in the buyer or they feel sympathy for the buyer’s situation.  “I’m a single mom, so I want to pick the single mom,” “I’m selecting the grandparents so they can be close to their family who lives on the same street.” Other times, it could be more openly discriminatory — “Their last name is foreign and I don’t trust someone from that country” etc.

So, as a real estate broker, how do I protect my sellers from discrimination liability? 
Let’s look at a recent example of a client we will call Mr. E. He had 9 offers on his home from people of various ethnic backgrounds, genders, and family statuses. Many of them included buyer love letters complete with photos of the buyer’s family.

To protect Mr. E, I put the information about each offer on a spreadsheet, assigning each buyer a number, and I did NOT forward any of the buyer love letters. This way, we were able to evaluate the offers based on:

  • The merits of the offer such as price, terms (amount of earnest money and down payment, closing date, inspection required or waived.)
  • The likeliness of the sale to close.
  • The financial condition of the buyer.

Mr. E made his selection based on these items without any risk of potential discrimination, as he knew each client only as a number.  The winning client’s offer was $30,000 over the asking price, had a $150,000 down payment, and I was to negotiate a one-month rent-back (at no cost to the seller), which was very important to him because his next home in another state would not be available until then.

My real estate process is not just about generating multiple offers —  it’s also about protecting you from the many areas with liability risks. When you work with me, you are getting a broker who is experienced and aware of the areas with potential risks that can arise and has a plan in place to protect you from those risks.  Call me to find out what I can do to help you maximize the return on the sale of your home while protecting you from potential liability risks.

Maximize Your Homes Value

When you’re looking to sell your home, the details matter. At the Pelham Group NW, we use our years of experience to advise you on the Pacific Northwest market and help you not only list your home but repair and stage your home to maximize its selling price.

Our clients are often surprised by the level of creativity and commitment we bring to selling their home. With our years of interior design and remodeling experience, our team has unique insight into how to showcase your home’s full potential and generate the best market response with a competitive pricing strategy and customized marketing plan.

Most of all, we handle all the details with the utmost care and discretion. Your personal and financial information is treated with sensitivity, and we always put your best interests first. That’s our promise to you.  Give Kim Pelham a call today at 425.213.8761 or schedule a FREE consultation today to learn more about selling your home this Summer.