Legal Question in Real Estate Law in Maryland

Who can buy a home

Can a seller discriminate against someone trying to purchase their home? For example: If a tenant is trying to purchase the home he is renting, and the landlord dosen't like them, can she not sell to him just because she dosen't like him?


Asked on 9/01/03, 12:48 pm

2 Answers from Attorneys

Daniel Press Chung & Press, P.C.

Re: Who can buy a home

The seller CAN decline to sell for any reason or for no reason, just not a prohibited reason. Prohibited reasons include race, religion, marital status, national origin, etc. Disliking someone for reasons other than prohibited reasons is not itself a prohibited reason, and the seller is free to decline to sell for that reason, provided it is not a pretext for a prohibited reason.

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Answered on 9/01/03, 3:15 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Who can buy a home

Federal and State law define the bases upon which it is illegal to discriminate against a potential buyer. These reasons are founded largely in civil liberty laws. Private sales, that is a sale that does not in any way involve public funds, can be discriminatory on a basis other than those that are defined as being illegal. Proving that the real basis is one that is illegal is prone with legal challenges. There are many situations that occur today that are illegal and the real issue is that the adversely affected party simply cannot afford to pursue the matter or that the costs for doing are outweighed by the benefits. I am not saying that the law does not have teeth in this regard; what I am saying is that in some instances it is more costly than the value derived. Contact an attorney should you require assistance.

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Answered on 9/02/03, 10:22 pm


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