Is it legal for a seller to include a clause that states that the relator is specifically not sell to me?

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Is it legal for a seller to include a clause that states that the relator is specifically not sell to me?

My grandmother’s house is up for sale publically and I wish to put an offer in on it however, I have learned that the liquidators of the estate my father and my aunt have included in the contract of sale that their agent is not to sell it to me. Is that legal and if not? Is that discriminatory clause actionable?

Asked on June 8, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is disrimination if the refusal to sell to someone is based on discrimation against them on the basis of a protected category--for example, discrimination against someone because of his/her race. However, it is perfectly legal to "discriminate" against an individual because someone doesn't want to sell specifically to that person. So what you describe is legal.

It may be the case that someone else could buy the home and then sell it to you, unless the buyer would be required to execute an agreement that he/she would not sell to you as a condition of the sale.


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