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  #1  
Old 09-16-2004, 12:48 PM
cmenchaca
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Unhappy

Legal rights before offer is accepted


What is the name of your state?What is the name of your state?New Mexico

My husband and I recently put a bid in on a house. Someone else put a bid at the same time and the seller chose the other person's bid. We were already pre-approved for our loan and this other person was not even pre-qualified. We found out that the seller stated the reason he chose the other person's bid was that he thought she (the other buyer was a single woman) would take better care of it. The only thing he had to go by was our names, which we have a spanish last name. Are there any legal rights we have concerning this issue?
  #2  
Old 09-16-2004, 12:54 PM
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You could legally change your name to something less Spanish-sounding. May I suggest "Moussaoui"? No one will ever suspect you might be Spanish.
  #3  
Old 09-16-2004, 02:37 PM
cmenchaca
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If anyone has any real advice, I would love to hear it.
  #4  
Old 09-16-2004, 03:51 PM
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Since it's obvious subtlety is wasted on you, let me try to be more blunt.

You did not have a contract (that's why you have to "accept" an "offer"). Absent a contract, unless you're planning on claiming some sort of racial discrimination (for which you have absolutely no proof), you have no "rights" to get that house.

Better?
  #5  
Old 09-16-2004, 03:54 PM
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You know, sellers have their hearts tied up in their homes, sometimes. Many factors go into accepting an offer. Maybe they were there when this other person saw the house, and they heard her ooh and aah over their beloved garden or some other change they had done. Maybe their offer had other factors that made it more desirble. like and earlier or latter closing date, or the inclusion/exclusion list differed.

I've seen sellers decide because they liked someone's kids and thought those kids would enjoy growing up in the house in which they raised their own kids. If the offers were otherwise somewhat comparable, sellers can and do decide on a variety of factors. They cannot refuse to sell because of certain factors, but they are not obligated to accept one offer over another because one buyer is prequalified.
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  #6  
Old 09-16-2004, 03:59 PM
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If anyone has any real advice, I would love to hear it.
Move to south central LA.
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  #7  
Old 09-17-2004, 11:07 AM
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Quote:
Originally Posted by cmenchaca
What is the name of your state?What is the name of your state?New Mexico

My husband and I recently put a bid in on a house. Someone else put a bid at the same time and the seller chose the other person's bid. We were already pre-approved for our loan and this other person was not even pre-qualified. We found out that the seller stated the reason he chose the other person's bid was that he thought she (the other buyer was a single woman) would take better care of it. The only thing he had to go by was our names, which we have a spanish last name. Are there any legal rights we have concerning this issue?
**A: no**************...but since you are alleging discrimination, contact HUD and ask for the fair housing officer. Then post back.
  #8  
Old 09-19-2004, 04:06 PM
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PA

A seller can choose any offer he wants to, it does not have to the best offer, or the most qualified buyer, it can be whoever he chooses or in some cases, he can reject all offers. It is his house.
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  #9  
Old 09-20-2004, 08:58 AM
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Originally Posted by PghREA
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A seller can choose any offer he wants to, it does not have to the best offer, or the most qualified buyer, it can be whoever he chooses or in some cases, he can reject all offers. It is his house.
**A: mostly true as long as there is no discrimination per the Fair Housing Act. If there are 2 equally qualified Buyers, a Seller can't say I'm choosing the single white lady and not the Hispanic couple with 5 kids.
  #10  
Old 09-20-2004, 09:48 AM
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But the seller CAN say:

"I want to accept the offer that does not include the antique chandelier -it came from GRandma's house - in the dining room" or

"I'm going to accept the offer that allows me 30 days occupancy after closing because I can't get into the senior housing until then" or

"I'm accepting the offer from the buyer that excluded all the kitchen appliances because I'll need them in the house I'm buying".

They cannot accept or reject on the basis of race. religion, disability, or national origin. But rarely are two offers exactly the same as to all conditions and inclusions, and sometimes it is those fine details that can tip a seller to prefer one offer over another otherwise financially comparable offer.
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  #11  
Old 09-20-2004, 09:56 AM
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Correct and you go girl**************..
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