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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2848
Experience:  30 years of experience
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I would like to purchase a home in a development in Sarasota

Customer Question

I would like to purchase a home in a development in Sarasota county fl. I have a misdemeanor on my record from 1971 which reads lewd conduct. I have never been in trouble in the last 45 years or any other time in my life. Would an HOA ask for a background check and if they saw this could they deny me the sale?
Submitted: 3 months ago.
Category: Legal
Expert:  Gerald, Esq replied 3 months ago.

Hello:

Thank you for using Just Answer. I am an attorney with over 30 years of experience and hope that I can help you.

You can not be denied the sale of a home because of a misdemeanor conviction from 1971. To do so would violate certain anti-discrimination laws relating to fair housing.

If you are denied the home you can bring a complaint against the HOA either by suing them or by bringing a complaint under the Fair Housing Laws in Florida. You can als bring a complaint against the HOA through the federal HUD agency.

The most likely scenario is that the purchase will go through without a hitch and the HOA will never look into your backgound to that degree.

See here for more information:

http://www.floridatoday.com/story/money/business/2016/04/11/fair-housing-act-criminal-background-checks/82884040/

I hope this information is helpful to you.

Kind regards,

Gerald

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