Is it discrimination if a seller denies a buyers offer because it is a VA loan?

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Is it discrimination if a seller denies a buyers offer because it is a VA loan?

My husband and I put an offer in on a house this week. The buyer turned down the offer because it is a VA loan. I feel like he is discriminating us b/c my husband is a veteran. Does this violate the human rights law?

Asked on March 23, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, there is no law which makes it illegal to turn down a home purchase offer because it is based on a VA loan. Indeed, as a general matter, home sellers have tremendous discretion about what offers to accept, and can predicate or base their decisions on the type of financing. For example: while I'm not personally familiar with VA loans, I've had clients turn down--and have personally turned down when selling my own home --offers based on FHA loans, because the very low amount of buyer contribution or down payment (only 3.5%) makes the seller nervous that the buyer doesn't have enough "skin in the game" and may default or walk away from the deal.


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