No advice, but found this article which you should read regardless.
Jo

Here is a link that might be useful: safety tips during showing

I can't really speak for a realtor but I would think that even if the realtor knew they have to keep their business face on. You do what you need to do to protect yourself and your stuff and if they want to buy the house....ok.
I'm not sure if your worried they are casing the joint or you don't like the idea of a prior felon living in your former house.

Taking common sense precautions about security is one thing, but you really can't refuse to show a home to any prospective buyer. Firstly, it's bad business. Criminals can have money to buy houses too. Just look at all of the Enron folks that are done serving what time they got and are now hunting for new residences. Secondly, it can potentially be illegal under the anti discriminatory statutes and you could be breaking the law and become a "criminal" yourself. The law holds no distinction between whether somone was convicted of junk bond trading or armed robbery. They're both criminals. Whether you like it or not, you can't "screen" potential buyers based on your personal preference as to who should or shouldn't own a home. The only type of legal screening that you can do is financial. You can restrict your viewers to those with pre approved letters of financing, but then, you'll still be for sale next year at this time because no one will want to do an initial look at a home that has that requirement for a first viewing.

Can what live_wire_oak is saying be true? If you own your home, reside there, have it for sale, you MUST let everyone and anyone in? So, someone walking through the door smoking must be let in? Someone walking a Great Dane must be let in with the dog? A homeless person must be let in? Someone brandishing a weapon must be let in? Why do I suspect that is not the case? If you can discriminate against who you rent to when you are owner occupied, I would be surprised if you do not have free choice on who you let in the door to view your home.

I do believe you are correct live_wire_oak that a seller is not able to discriminate against who they sell to. I would like to see the law that states you must let everyone into a house to view when you are selling regardless of circumstance.

The Fair Housing law provides for the following:

What Is Prohibited?
In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:

Refuse to rent or sell housing

Refuse to negotiate for housing

Make housing unavailable

Deny a dwelling

Set different terms, conditions or privileges for sale or rental of a dwelling

Provide different housing services or facilities

Falsely deny that housing is available for inspection, sale, or rental

For profit, persuade owners to sell or rent (blockbusting) or

Deny anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.

But Cordovamom if you are owner occupied with less 4 unit house or less house you can indeed discriminate on a rental.

More on Fair Housing:
Small Property & Owner Occupied

Fair Housing exemptions, sometimes called the "Mom & Pop" exemption applies to the following.

Individuals who own three single family homes, or less at any one time.

Owner-occupied buildings that have four units or less. The owner must reside in one of the units to claim the exemption.

So, can you deny someone access to your home to view?

One other thing - apartment complexes can require a clean criminal background as a basis for rental - why can't a home owner require the same for a basis for viewing?

Simplfying...can you help us out? Is it your personal safety you are concerned about? Or that such a person would buy your house? If it is your safety, I would certainly make sure I was not alone when they come. I would never to do that anyway. Read the article posted...it is very good.

Xamsx, if I'm interpreting the law correctly, what you say is true to an extent. If you use a realtor there isn't an exemption. perhaps someone else can read this and see if I'm interpreting it correctly.

(1) any single-family house sold or rented by an owner: Provided, That such private individual owner does not own more than three such single-family houses at any one time: Provided further, That in the case of the sale of any such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this subsection shall apply only with respect to one such sale within any twenty-four month period: Provided further, That such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time: Provided further, That after December 31, 1969, the sale or rental of any such single-family house shall be excepted from the application of this subchapter only if such house is sold or rented (A) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman, or person and (B) without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of section 804(c) of this title; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title, or

(2)rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

In today's sue happy world, I'b be very leary of denying anyone access to my home if it was on the market. OJ is claiming racism because he was refused service at a restaurant!! People are just plain nuts. I'd make sure valuables were put away and that the undesirable was under observation the entire time he was in my home.

You can't discrimminate by reason of race, color, national origin, religion, sex, familial status, or handicap. The law says nothing about being unable to discrimminate against someone because they are a convicted felon. Convicted felons are discrimminated against in the country every day. Many types of employers will not hire them (including banks).

So, if the OP didn't like the nationality these buyers were they possibly could not discrimminate (under 4 Rule?); but under the stated circumstances they could refuse to show the property because being a felon is not a covered protection.

Tricia

"In the Sale and Rental of Housing: No one may take any of the following actions based on race, color, national origin, religion, sex, familial status or handicap:"

I don't see any protection for criminals mentioned there. So far as I know there aren't any laws providing for equal protection for convicted felons, and I wouldn't hesitate to deny one entry into my fully-furnished home due to concerns about them "casing the joint". Heck, you could probably even refuse to let gays into your home since they aren't protected either.

This thread cracks me up. So you happen to know that this person has a record. Was that for a single shop lifting incident or a series of bank robberies?

What about all those you don't know about?

Any of us could have had thieves, axe-murderers and child molesters touring our homes and never know it. Jail terms are not only designed to punish, they are also meant to (successfully or not) rehabilitate. Some folks really can pay for their mistakes and move on.

Chiefneil:
No doubt all of us had plenty of gay people come through our homes (buyers, friends, relatives, plumbers, maybe your realtor and the mailman, too) and, no matter how much Mr homophobe chiefneil would like to think differently, you'll not likely stop them doing so.

Just because people don't announce lifestyles or histories that don't appeal to you, doesn't mean they don't have them. You could also have people through your house that have horrible communicable diseases. Or some mental illness that compels them to hide a dead mouse in your sock drawer.

All you can do is protect yourself and your home as best as you can. Letting anyone into our homes for any reason has its risks. No need to discriminate against people for what they might do or have done.

Chris,
Nothing Chiefneil wrote is homophobic. He merely pointed out that sexual orientation does not appear to be a protected class. Pointing it out doesn't mean he endorses discriminating against that class of individuals. He was merely making a point.

you can't discriminate by reason of sex, wouldn't that cover homosexuality? Regardless, to me everyone's money is the same color and as long as that's the case I don't discriminate against anyone. I don't know the background of everyone that has viewed my homes in the past, I'm sure my realtor doesn't do a background check on everyone that makes an appointment. Take some simple precautions anytime you have your home listed because you never know who's coming through. In our area million dollar homes are only shown to people that pre qualify, I'm assuming that's done to weed out undesirables casing the joint so to speak, but that's not done at lower price points in my area.

What Chris_Ont said.

And some city housing discrimination laws do add sexual orientation as one of the protected categories. It is the case here in NYC.

Chris_Ont: Good post! My thoughts exactly.

You can refuse a showing to someone because they are a nosey neighbor and have no interset in buying( and they say they are looking at it for their cousin that is out os state -the biggest tale in the book).

You can refuse to show to someone because they acted snotty on the telephone when requesting the showing.

You can refuse a showing because your home is messy and you just don't feel like letting someone in that day.

You could refuse a showing because the buyer shows up in a junk car and you don't think they can afford the home.

You could refuse to show to someone that needs to sell their current home but does not already have it under contract (else they are wasting your time with the showing.)

And for sure, you can refuse a showing because someone has a criminal background or even because you think they are a jerk.

You can go by the "prinicpals only". In other words, only show to the party that is going to buy - but don't show to anyone that is not the party that is going to buy. (like their friends, relatives, their co-workers and everyone else that they want to bring in for a showing.)

You often prescreen showings via telephone.

...if they came back for a second showing they would like to bring along a relative who you know has a criminal background with a prior conviction, how would you handle this?...

Depends on what they were convicted of.. rape? theft? jaywalking?

Don't some homeowners only show to "prequalified" persons? In other words, you notice that high-end homes only "show" to people that qualify to even buy the house. Is this discrimination to those that cannot afford to qualify for said home? How does this fit into the subject of this thread (potential discrimination)? Just curious.

No, azdreamhouse, it is not discrimmination to require prequalification before showing a property. Only those things noted above are protected.

Tricia

If their check is good that's all I care about :)

I would think it all depends on what the criminal back ground is; violence against others or property would be concerning.
Chris ont - Your statement cracks me up. I can't imagine a better way of judging one's character then by what someone has done. Love the way people throw out the word discriminate so loosely. You would think that to discriminate against a person one would have to be acting unjust or prejudicial, and in this case that would not apply.

Many people care less what people do in their homes or with their lives. But, when your talking about someone coming in your home it just might matter. It all depends on the past and present circumstances. Nothing wrong with a little caution.

This issue concerns me, but in a more general form.

I'm a tenant in a place that is listed for sale. I like the owners and plan to move anyway (in fact, it's convenient for me since it means that I can get out of the lease early if I want to), but as a tenant I am not willing to take some risks that an owner might think were necessary or worthwhile.

Thus, although I'm cooperating with the scheduling of showings, I've asked the broker to qualify anyone she brings - make sure that they are bona fide buyers, at least. She would probably do that anyway, in order not to waste her own time. She hasn't requested an open house, but I would not agree to one, because anyone might walk in. At least when an agent brings them they have had at least one prior meeting.

"Chiefneil:
No doubt all of us had plenty of gay people come through our homes (buyers, friends, relatives, plumbers, maybe your realtor and the mailman, too) and, no matter how much Mr homophobe chiefneil would like to think differently, you'll not likely stop them doing so."

Chris, your sarcasm meter is malfunctioning. I am very pro gay rights, not a homophobe at all.

Yes discrimination is only based on the protected classes noted. Criminals are not protected. Think about it, everything else is something you have no control over. The only thing a criminal could not control is not getting caught. Also felons are discriminated by US law. They cannot vote. They also cannot be admitted to most state bars. Although the might be exceptions for special circumstances. Also having been convicted of a crime can result in disbarrment

As an aside, no one is prequalified for anything in my area including multi million dollar houses. I dress from Walmart and have been to see quite a few. brokers are eager to show them to me

Someone asked about whether the protected class of "sex" includes sexual orientation. By "sex" they actually mean "gender", so sexual orientation is not one of the federally protected classes (even in the protected classes there are different grades of protection, race being the highest, I recall).

Chiefneil:
Sorry if misread your statement! Oops.
In one sentence you said "I wouldn't hesitate to deny..." and in the next you added the gay-statement.

I shall reset my sarcasm meter.

In any case, my point was just that you don't know anything but gossip and what first impressions tell you about your possible buyers. We shouldn't be quick to make assumptions. The well-dressed couple might be raiding your medicine cabinet and the guy with the criminal record might save your life some day in an emergency.

The other day I was running some errands which would end at the Depot to pick up some shrubs. So I was in my (clean) gardening gear when I decided to stop by a clothing store. After being treated like pond scum for a while, I went to the shop next door and dropped a big pile of cash on them for being able to look past my clogs and blue jeans.

"Someone asked about whether the protected class of "sex" includes sexual orientation."

I thought it was for
a) yes
b) no
c) not lately

:-)

I'm the OP and the relative is on the state sex offender registry. It was for a conviction a few years ago. It involved a minor. I do not have children at home, but my neighbors have children, and the thought of him wondering around in my house just creeps me out. These guys usually don't reform. I agree with the poster that we really don't know most of the time about the people that are touring our homes, but I just happened to recognize this guys name, and once you do know, it's a different story. Does this info help? Does it change any of your opinions? Thanks for your replies.

Since that is the offense, I wouldn't have a problem just saying no to the relative looking at the house. If the buyer ends up buying the home, the relative will be around if he is close enough to the buyer to be included in the decision making.

I would definately tell the neighbors if this person ends up buying. The relative won't show up on a register for that address, but the offender would be in the neighborhood.

Gloria

Lets face it folks..Martha Stewart and Paris Hilton both have a criminal record...big deal.

By law once the offender has served their time they have satisfied their debt to society and with the possible exception of those criminal sex offenders who are court ordered to disclose there whereabouts, it really is none of your business whether the person has a record or not.

The bottom line is whenever we offer any item for sale, whether it is a house, a car or a cup of coffee the only color that matters is "Green" and the only criminal item that matters is whether the prospective buyer can afford to pay or are they trying to defraud you in some way. If the buyer happens to have a prior criminal record your only legal recourse it to take the green, move on and get over it.

According to the OP he is a CRIMINAL SEX OFFEDER involving a minor. OP I have to commend you for thinking of your neighbors children and not just green as Lazy would have you do

I believe many of us would disagree with lazypup. I wouldn't want to live next door to Paris or Martha either. I'd really rather have some neighbors a bit closer to my own value system. Like being honest. Or not driving while drunk.

One nice thing about doing FSBO is personal contact with a possible buyer. We had one family look at our house who had children needing special education services and they asked many questions about the local elementary school. I told her that we were moving to get away from that school and told her our experiences there and why we were willing to go the expense of picking up and moving.

Another buyer came along and the school wasn't an issue. Much easier in life to do the right thing.

Gloria

Just tell the buyer no. The relative is not going to be a party to the sale and doesn't need to see it.

Thanks all for your replies. I'm thinking along the lines of terriks reply. So far we have not heard back from this individual, I really just hope we don't. That's a new one coming from a seller, right?! Ha-ha! I appreciate your opinions.

We are looking for a house. We turned one down because there was an offender living in the house next door. They were on the list for child molestation AND burglary. We don't want to live next to a convicted criminal. Especially one who preys on children.

I agree with terriks "Just tell the buyer no. The relative is not going to be a party to the sale and doesn't need to see it."

A link that might be useful:
Selling your house with a sex offender next door
www.bankrate.com/brm/news/realestateadviser/sep06_sexual_offender_neighbor_a1.asp

I'd say "no" and warn the neighbors if he buys.
But do remember that in many jurisdictions, the sex offender tag is applied rather badly. Sex offenders can be harmless or awful, and the registry doesn't always differentiate: it can be someone who got caught peeing in an alley or a 17 year old who had consensual sex with another 17 year old or it could of course be someone who did something truly awful.

If the sex offender needs to see the house I would be suspicious that the sex offender plans to LIVE in the house. If this guy did something with a young child I might consider talking it up around the neighborhood a little and trying to create some peer pressure. Because you know hwat would be worse than having him living in your (former) house?

Having him move into your neighbors house before yours is sold.

But do remember that in many jurisdictions, the sex offender tag is applied rather badly. Sex offenders can be harmless or awful, and the registry doesn't always differentiate: it can be someone who got caught peeing in an alley or a 17 year old who had consensual sex with another 17 year old or it could of course be someone who did something truly awful.

Exactly. There is a difference between the scenarios above and an adult who has sexually abused a child. Does the OP know the specifics of the conviction?

At any rate, unless the "undesirable" is going to be buying your home, he doesn't need to see it, so - what terriks said.

Unfortunately he is a criminal. However, how many are walking around that haven't been caught. You take the risk and the chance everytime you open your door to let a stranger in. People that look legit and look like good people, are not necessarily actually what they appear. A for sale sign in your yard, will bring all types. Being a real estate agent doesn't exempt you from that. I know everytime I go to show a home or hold an open house, that possibility is there. I take precautions. People know where I am and when I will call them. I also have a code to use to let someone know I am in trouble.

Also, there is no online list that I know of for arsonists, repeated DUI offenders, meth cookers, or even paroled murderers. I wouldn't want them in my neighborhood either, but how to know?

That said, since you do know about his record, I would agree with terriks and others - he doesn't need to see the house. How did you find out he has this criminal history? Are you planning to screen all the other people?

Oh, and just for the record -- there are "good" people who have been convicted of crimes. Sometimes even decent people make stupid decisions.