In article , Larry
says...
In article ,
richard wrote:
On Wed, 18 Jun 2008 05:14:05 +0000 (UTC), (Dick
Adams) wrote:
wrote:
Let's say someone like Kip Kinkel - schizophrenic kid who killed his
parents and shot up his school about 10 years ago - got a commutation
of his sentence as some people think he should since they feel he was
a "victim" who didn't get the help he needed and was treated unfairly,
and was in the market to buy a house. They're convinced that with meds
and supervision he would probably have no problems living as a free man.
Let's change this to Lee (a gender neutral name), a convicted
sex offender sentenced to probation only, wants to buy or rent.
1) Who has a obligation to investigate Lee's background
before becoming Lee's agent or selling or renting to
Lee?
A landlord was be negligent not to investigate renting
to Lee. Agents who have a concern for long-term
reputation in a community should investigate. But to
a seller, this is a single period relationship with no
subsequent repercussions.
Unless state law requires it, no real estate agent is required to do a
background check. In most states, it is illegal to deny an ex-con
housing based on this fact. Let alone a person on probation.
Richard, we've been through this before. Being a convicted criminal is
not a protected class and someone can refuse to rent/sell to them based
on that factor.
A seller can refuse to sell. A landlord can refuse to rent *if* its an
owner-occupied situation and under a certain number of units, particulars
depending on laws and ordinances. Based on the right of association.
But that's far different from what a *realtor* should, or even can, do.
Suppose a single woman with three daughters has a room to rent in her
house, and a convicted child molester who was just released from prison
wants to live there. You think she is required by law to rent him the
room? Do you really?
That would an owner-occupied rental case - she is not required to. But that is
fundamentally different from the question the original poster posed.
Banty