Home sellers have options, limits on choosing buyers
A: This is an excellent question, and like an octopus, has many tentacles. You properly point out there are many state, federal and even local laws that regulate selling real estate.
Hopefully, you will retain a professional real estate agent who can guide and advise you regarding who you can and cannot sell to based on all applicable law. In simplified terms, there are “protected classes” of individuals. For example, under federal law, the following are protected: age, familial status (including pregnancy), national origin, race, ethnic background, gender, disability, religious beliefs and, in some courts, sexual orientation. Can you turn down a buyer because he is Jewish, or she is a Muslim? Generally, no. If you can prove valid reasons for turning down a potential buyer — such as that he or she could not demonstrate financial ability or was not willing to post the customary earnest money deposit — then perhaps you are safe. But I would check with your lawyer before turning anyone down.
I am often reminded of one of my favorite stories. A landlord in New York rejected a young woman’s rental application and she sued claiming he discriminated against her because she was a woman. The landlord’s defense: She was a lawyer specializing in representing tenant groups and he turned her down because she was an attorney. He won; lawyers are not a protected class.
A: This is a tough question to answer. All too often, people (including clients of mine) have found contractors they thought were good, only to have problems along the way.
Word of mouth is usually the best way to find a decent contractor. You cannot always rely on the references provided by a prospective contractor because he or she will only give you names of satisfied customers.
Once you find a potential contractor, search the web for any negative comments. Find out if there are any complaints with the Better Business Bureau. Many jurisdictions allow access to court records; check if there have been any lawsuits against the contractor.
Confirm with the local government that the contractor is licensed in your jurisdiction and that the license is current.
Last, if the building or remodeling work is more than $5,000 or $7,000, use the contractor agreement form prepared and recommended by the American Institute of Architects. It has many protections you will need. Don’t sign the “two-page special” — a document that merely says you will pay X dollars for Y work. That’s not acceptable.