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Possible Discrimination

Ask Phyllis: a blog series of frequently asked real estate questions.

"Seller
Dear Phyllis,

We competed in a multiple-offer situation and ultimately submitted the winning bid. To strengthen our offer, we waived both the loan and appraisal contingencies and limited our inspection contingency to just seven days. During the inspection, we discovered several issues that we had anticipated, given the home’s age (nearly 100 years old). We were ready to move forward, regardless—except for one major concern: a severely cracked chimney. The repair estimate exceeded $20,000. This was the only issue we asked the seller to address, either by providing a credit or completing the repair.

The seller refused, so we made the difficult decision to cancel escrow. One week later, we saw a “sold” sign go up and noticed workers repairing the chimney. We later learned the home sold for $50,000 less than our agreed-upon price—and that the seller had apparently completed the chimney repair for the new buyer, even though it was our only request.

While we are an ethnic couple, we are not classified as a minority. The new buyer appears to have a traditionally Caucasian name. We can’t help but question whether discrimination played a role in the seller’s decision to reject our request and accept a lower offer from another party, after doing exactly what we asked.

CK

Dear CK,

I’m sorry you experienced this—what you described does sound troubling. You made a strong offer, waiving major contingencies and requesting only a credit or repair for a severely damaged chimney. Understandably, you’d feel frustrated, especially since the seller declined your request, only to later complete that same repair for another buyer who paid $50,000 less.

Your concern about possible discrimination is valid, especially given the circumstances. While it’s difficult to prove intent without more details, the difference in treatment raises fair questions.

If you worked with a Realtor, consider asking them to reach out to the seller’s agent for clarification. If you suspect discrimination and believe you’ve suffered damages, it may be wiser to consult a real estate attorney. You also have the option to file a complaint with the U.S. Department of Housing and Urban Development (HUD) at hud.gov/reporthousingdiscrimination or by calling 1-800-669-9777.

I hope you’re able to get the clarity you need.

One thought on “Possible Discrimination

  1. Carrie says:

    Perhaps they ended up selling to someone they knew. A friend or family member sale could explain the abrupt turn around.

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