Arizona Real Estate Blog

by Jon Kichen

Could a seller’s refusal to allow VA loans be a fair housing violation?
August 31st, 2022 at 4:17 pm   starstarstarstarstar      

Possibly, although not yet. In most cases, the refusal of the seller to offer VA financing stems from the listing agent making possible false comments to the seller, or creating a cost fear for the seller, stating “…it will cost you more if the buyer uses their VA eligibility…” or say “it will require you to make certain repairs…”

While it is true that with VA loans, the seller might incur additional costs that are not required on FHA or Fannie Mae loans. And it is also true that the VA appraisal might require certain items fixed for the loan to be approved, versus a BINSR request which is negotiable.

Which in and of themselves, might cost the seller some money versus other financing that possibly would not.

BUT, this is a Veteran, a person who represents our country and probably put their life on the line to defend the country. They deserve every benefit we can offer.

Sometimes, the VA appraiser notes that the roof is deficient, or the stove has a bad burner, which could result in the seller being required to repair or replace. However, VA has an appeals process which often takes a day or two whereby the loan officer could appeal that request for the benefit of the veteran trying to buy the property. If the appeal is successful, that benefits all parties involved.

The problem is twofold. Many veteran groups rally the cause by stating that a seller’s refusal to allow VA financing should be a violation of Fair Housing rules and statutes. Right now, under both the Federal laws and the REALTOR Code of Ethics, Veterans are not a protected class, but the groundswell of energy is pushing that forward.

To this author, this could mostly be solved if Congress offered legislation to strip away all the overlays on VA loans, and make them look, feel, act and cost the same as FHA and FNMA loans. With purchase contracts in most states, any buyer could reject a home if the stove had a non-functional burner, or the house had a bad roof.

And if Congress acts and makes Veterans a protected class under the Federal law, and NAR added Veterans to our Code of Ethics, those will go a long way to provide the much-needed protection and caring of the people who deserve the respect and protection of all Americans.
If you agree, please contact our Senators

Mark Kelly  https://www.kelly.senate.gov/contact/contact-form/
(602) 671-7901

Kyrsten Sinema  https://www.sinema.senate.gov/contact-kyrsten
602-598-7327

Posted in Uncategorized by JON KICHEN
Name * 
Email * 
Rate This Post  
Spam Protection 
 

 

Archived Articles

 

Arizona's Anti-Deficiency Statutes to Remain Unchanged

Govenor Brewer does not change statutes

September 14, 2009

 

HVCC Creates Havoc

Home Valuation Code can be confusing

September 11, 2009

 

A Short Sale Pitfall

Obtaining the HUD-1

September 5, 2009

 

Selling To First Time Homebuyers?

What About The Federal Tax Credit?

August 31, 2009

 

Investor's Anti-Deficiency Statutes

Guest Blogger-Scott Stein

August 6, 2009

 

Know When To Hold ‘Em (and know when to fold ‘em)

What is your time worth?

August 4, 2009

 

Doom and Gloom or Hooray?

Where do we go from here?

July 26, 2009

  

Relief for Tenant in Foreclosed Properties

Protecting Tenants At Foreclosure Act of 2009

July 13, 2009

 

Summer months are the slowest of the year for real estate sales!

Is that true?

June 30, 2009

 

Are You Out Of Your Flippin Mind?

Does the VA have the same requirement as FHA regarding the 90 day "hold" rule for seller of a "flip property?"

June 4, 2009

 

12% Are Behind In Mortgage or in Forclosure

Guest Blogger: Mike Neill

May 28, 2009

 

Lenders Think They're Exempt: They're Not

Lender/seller statutory obligation

May 20, 2009

 

Technology and the New Real Estate Agent

May 15, 2009

 

FHA Secrets You Should Know

Guest Blogger: Mike Neill

May 13, 2009

 

Who Calls the Shots?

Short Sales-who is in control? 

May 12, 2009

 

So much for so little!!!

Tips for good business practices  

May 11, 2009

 

Lenders Suspending HELOC’s in Falling Markets

May 6th, 2009

 

Wanna Get Paid?

Getting your full commission in current market  

April 29, 2009

 

Staying busy in a tough market…

Keeping your business going  

April 28th, 2009

 

Utilities on Lender-Owned Properties

Who's responsible when utilities are turned on?

April 22, 2009

 

“Be Afraid, be Very Afraid…”

Getting over your fear of the current market

April 21, 2009