Can a short sale be marketed to “investors only”?

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Can a short sale be marketed to “investors only”?

In TX.

Asked on April 27, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A sale of a home cannot discriminate on the basis of certain protected characteristics--e.g. there can't be discrimination on the basis of race, religion, age over 40, sex or disability. However, it may "discriminate" on many other grounds, such as requiring all cash deals.

Also, a sale may be marketed or targetted to one group in particular, so long as that marketing or targetting is not really a veiled way to discriminate against a protected category. For example, marketing only to members of a mens-only country club could be discrimination against women.

Therefore, in the abstract or general sense, a short sale could be marketed only to investors, since non-investors are not intrinsically a protected category. Howver, on the specific facts of this case, it's possible that there is illegal discrimination going on--it depends on the facts.


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