Many people quote the Fair Housing Act when they believe they are being discriminated against by a landlord or seller. However, while this act does provide some protections to the LGBT community, those protections are not as widespread as the protection the act provides to those of differing race, color, national origin, sex, religion, disability, and familial status. However, the act does stop discrimination if it’s based on non-conformity. This means if the seller won’t accept your offer because they believe you’re acting in a way that doesn’t conform to how the seller thinks a person of your gender should act, it’s a violation. This may sound complicated, but it’s often fairly clear. Some cities and states have further protections, too.
However, it’s important that you understand when a seller is and is not engaging in LGBT discrimination. There are several legitimate reasons a seller may turn down your offer, and they may have absolutely nothing to do with your sexual orientation or the fact that you are in a same-sex relationship. If you attempt to sue a seller for breach of the Fair Housing Act and then learn that your offer was rejected for one of these reasons, you’re likely to lose the case and be out a good amount of money.
Your Offer Was Low
Sellers are free to reject any offer that is under their asking price. Most do, or at the best they make a counteroffer. That’s because sellers often have specific financial needs such as paying off the mortgage on their current property and then making a down-payment on their new home. If they don’t make their asking price, they may have to pull funds from elsewhere.
You’re Not Pre-Approved
Being pre-approved means that a lender is prepared to offer you a mortgage loan. You will know how much money you will be approved for, and the seller can rest assured that the sale will go through. If, however, you do not have a pre-approval letter, the seller may have questions. The seller can reject an offer if they don’t feel like the sale will actually go through.
The Seller Has Decided Not to Sell
This is an actual legitimate reason to reject an offer. The seller can decide they no longer want to sell their house. Even if it has been on the market for months, the seller is still under no obligation to actually sell the house to any potential buyer. However, obviously the seller would need to take the house off the market. If not, you may be able to sue under the Fair Housing Act.
Again, there are many different nuances to the Act, and one small detail in your case may or may not mean you were discriminated against. Always seek professional legal assistance if you have felt like your rights have been infringed upon.
