Dear Ask George: If I sell my home myself, may I refuse to sell to anyone or do I have to sell to anyone with the money? In other words, could I be accused of discrimination? – Concerned Seller

Dear Concerned Seller: Anyone at any time can be "accused" of discrimination. The challenge is then to establish through evidence that you actually did -- or did not, act in a manner that the Department of Housing and Urban Development (HUD) perceives to be a violation of federal fair housing laws.

According to the HUD website: "Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability)."

Complaints filed with HUD (see the "Complaints" section on the HUD site), "…are investigated by the Office of Fair Housing and Equal Opportunity (FHEO). If the complaint is not successfully conciliated, FHEO determines whether reasonable cause exists to believe that a discriminatory housing practice has occurred. Where reasonable cause is found, the parties to the complaint are notified by HUD's issuance of a Determination, as well as a Charge of Discrimination, and a hearing is scheduled before a HUD administrative law judge."

Of specific interest to anyone contemplating discrimination as described in the second paragraph above, according to the Office of Administrative Law Judges its mission "…is to provide due process through timely and fair dispositions of all matters brought before us. We are dedicated to achieving this goal, whether presiding over on-the-record hearings, motion practice, or participating as settlement judges. The judges are appointed pursuant to the Administrative Procedure Act (5 USC 551), and are, therefore, independent of agency influence in their proceedings and decisions."

Either party -- complainant or respondent, may cause the HUD-scheduled administrative proceeding to be terminated if he or she elects to have the matter litigated in Federal court instead.

Dear Ask George: I live in California. My employer has merged with another company that is based in Houston, Texas. I need and want to move to Houston to continue my employment. I bought my home in Southern California in January, 2004 and have some equity in it. I would like to sell the house and use most of the profits on my down payment for my next home in Houston. Will I have to pay any federal taxes because of the short time I've owned the home? – Worried in California

Dear Worried in California: Normally you would. However, because your move is more than 50 miles from your current residence, and is caused by your transfer, you may be able to take a pro-rata amount of the exclusion the IRS allows for the sale of your principal residence. Of course, you should obtain the services of a good CPA or other tax professional who can take your entire circumstances into consideration.

In the meantime, you can obtain more information on the subject from Realty Times columnist Benny L. Kass.

Dear Ask George: I would like to re-enter the world of real estate. I had been completely licensed in Texas in the mid 1980's then moved to another state. Now I'm back. What do I do to reinstate my license? – Back in Texas

Dear Back in Texas: I'm assuming you were not licensed as a real estate agent in the state to which you moved. Also, I'm assuming you did not go "inactive" but just let your license lapse. If those two assumptions are correct, then I suggest you access the Texas Real Estate Commission site. Because you have been unlicensed in Texas for more than six years, you will need to file an original application.

Dear Ask George: I am in the middle of refinancing my home. My mortgage broker advised me to pay my mortgage for October. My problem is, he is unreachable and out of town, and somehow my bank card was stolen. Now I am short for my payment until the issue is resolved. The refinance should close by next Monday. Since I am not able to make my payment at this time, I am wondering what happens if the payoff amount is not correct. Will I need to pay the difference or will they not accept the payment at all? – Panic-stricken

Dear Panic-stricken: Try calling your debit card company "customer help" line, and tell them about your situation. Ask them if there is anything they can do since Monday is when your closing is scheduled. Then, first thing tomorrow morning, call your banking officer and fully inform him or her about your conversation with your debit card company. There should be a bank draft or other banking authorization your bank can provide to accommodate your needs, provided you have adequate funds in your account.

Finally, do not panic. Between you, the banking officer and your debit card company I believe you will be able to reach a mutually acceptable plan of action for Monday's closing.

Dear Ask George: On a buyers temporary lease agreement does there have to be a dollar amount in which the buyers must pay daily in order for the lease to be considered good or legal? The buyers have paid closing costs and signed closing papers for the property already, and then the title company found a tax lien and a possible foreclosure. The sellers are unable to close on the closing date. – Addled Agent

Dear Addled Agent: In answer to your question, "No." The contract and its other terms and provisions are sufficient "consideration" to make the temporary lease valid. What concerns me, however, is the tax lien and possible foreclosure. I suggest your buyer hire a competent attorney to sort out the relevant details.

Published: October 26, 2004

Use of this article without permission is a violation of federal copyright laws.

George Stephens, CRB is the Broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas, and a real estate broker in Texas, Georgia, and Massachusetts. Charles J. Jacobus, JD is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law, and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate, Houston Community College, and is an adjunct professor at the University of Houston Law Center. To send us a question visit AskGeorge.net and click the "Ask A Question" button. The answers to questions in this column do not contain legal advice. George and Chuck are co-authors of Texas Real Estate Brokerage and Law of Agency, published by Thomson Publishing. If you wish to obtain legal advice, you should consult your own attorney.