Legal Question in Real Estate Law in Florida
House for sale in Orlando....put in full price offer and got verbal exceptance from Seller. Seller contacted Buyers mortgage lender to inquire if we were getting a mortgage (pre-approval letter was provided with offer letter). Seller then contacted Buyer's representative and said they would not sell the house because they decided they wanted cash only so they wouldn't sign our offer because they changed their mind. Do we have any grounds? Personally I feel we were discriminated because everything was all happy happy joy joy and offer excepted but it all changed once mother-in-law came to see the house and only spanish was spoken between family members. It was by the next morning that Seller decided to they wanted "cash only" knowing we could not do this. I also find it strange that Seller would call Buyer's mortgage rep to ask questions. That should make no difference but again....another discrimation.
1 Answer from Attorneys
It is very difficult to prove discrimination unless you specifically heard the seller say something to discriminate against you. Your bigger issue is if the seller did not sign the sales contract; thus, you have no contract. A verbal acceptance will not be acceptable in the sale of real property. When dealing with the sale of real estate, the Statute of Frauds requires all contracts to be in writing. In short, I do not see enough to prove a discrimination case and no executed sales agreement to enforce.