Possible Discrimination

Dear Phyllis,
We were involved in a
multiple-offer situation and
ultimately made 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,
several issues were discovered,
which we anticipated given the
home’s age (nearly 100 years
old). We were prepared to move
forward regardless — except
for one major concern: the
chimney was severely cracked.
The repair estimate exceeded
$20,000. This was the only
item we requested the seller’s
address, either through a credit
or by performing the repair.
 

The seller refused, so we made
the difficult decision to cancel
escrow. One week later, a “sold”
sign went up and we observed
that the chimney was being
repaired. We’ve since learned
the home sold for $50,000 less
than our agreed-upon price, and
that the chimney repair — our
only request — was apparently
completed for the new buyer.

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, waving
major contingencies and only
requesting a credit or repair for
a severely damaged chimney.
It’s understandable that 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. Dept. of
Housing and Urban
Development (HUD) at hud.gov/
reporthousingdiscrimination or
by calling (800) 669-9777.

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

Phyllis