Legal Question in Consumer Law in Florida

Internet land for sale and discrimination help please

Dear Sir,

I saw an ad on the internet placed by a seller for land in Florida, specificially stating what lot, section and everything in detail. The price was listed also what he wanted. I called him up, he lives in another state, said the ad is correct, I agreed to pay the full price he listed in the ad. The man said to send a contract which I did. I sent it by FedEx and he signed a receipt for it. I have not received them back, I called he said I will not sell to you because you are a woman, even though I offered the exact price that he seeked in the ad, and I even put in the contract that I would pay for all closing costs. I have a copy of his ad he placed on the internet listing all the information, his property is still not sold and I want to buy it. What legal action can I take against him. I have a copy of the contract I signed which was sent to him, and he has it because as I mentioned I have the FedEx receipt showing he received it personally. Please help me, it is not fair what he did to me. Thank you so much.


Asked on 4/07/05, 5:31 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: Internet land for sale and discrimination help please

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: Sweeping federal fair housing legislation enacted with the Civil Rights Act of 1968 [ 42 U.S.C. � 3601 et seq.] prohibited discrimination based on race, color, religion, or national origin in any form whatsoever in residential real estate transactions. Private voluntary acts of discrimination are clearly prohibited [see 42 U.S.C. � � 3604-3606 ].

In addition, a Reconstruction era federal statute provides that ''All citizens of the United States shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property'' [ 42 U.S.C. � � 1981, 1982 ]. Since the 1960s this statute has been also widely used to challenge racial discrimination in real estate transactions [see generally Jones v. Alfred H. Mayer Co., 392 U.S. 409, 88 S. Ct. 2186 (1968) ].

The statutory and common law of Florida similarly prohibit discrimination [ � � 760.2-760.37, Fla. Stat. ; see, e.g., Steuer v. Glevis, 243 So. 2d 453 (Fla. 4th DCA 1971).

However, it may be difficult for you to prove that the reason that the seller chose not to sell you the property is because of your gender.

Good Luck,

Randall Gilbert

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Answered on 4/08/05, 7:03 am


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