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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12206
Experience:  JD, MBA
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We have a contract to sell our home. We just found out that

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We have a contract to sell our home. We just found out that the buyer is a convicted sex offender. What happens if we X the sale of the house?
Hello and thank you for the opportunity to assist you. My name is XXXXX XXXXX I will do my very best to answer your legal questions.

If you refuse to sell the house, then in a worst case scenario the buyer could sue you for breach of contract, and seek "specific performance" (i.e., a court order requiring you to sell the house). Although you can discriminate against sex offenders when opting who to sell to, you cannot breach the contract once it's been signed. Accordingly, if you prefer not to sell to a sex offender, then that is an investigation to conduct before signing the contract. So, if this were to end up in court, I think that you'd lose.

Of course, the above is just one outcome. In a best case scenario, the buyer would just walk away and not sue.

You may wish to subtly mention to the buyer's agent that you've had second thoughts about selling and see his reaction. For all you know, the buyer has had a change of heart as well and would welcome the opportunity to cancel the sale and get a refund of his earnest money. But if push comes to shove, and the buyer is steadfast, then I believe that you'll have to sell.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!

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TJ, Esq. and 3 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Could we get sued for discrimination?
Hello again.

As mentioned in my earlier answer, it is not illegal to discriminate against sex offenders. The issue here is not discrimination, but rather the fact that you already have a contract.