The Oscar nominated film Brokeback Mountain highlights same-gender relationships. And while the film did not win Best Picture, it brings up an abundance of related topics for discussion -- including homeownership.
Many gay and lesbian homebuyers aren't aware that their rights in 2006 to a non-discriminatory home purchase process could be guaranteed by local or state laws. Mark Nash real estate author of 1001 Tips for Buying and Selling a Home shares with single or partnered gay and lesbian home buyers some do's and don'ts that can help eliminate headaches and frustrations before and after purchasing a home.
Do's
Utilize national gay and lesbian real estate agent referral services such as Crossroads Relocation and HomeLounge.com. Many referral services can direct you to a gay or lesbian or affirming agent if you desire one.
Locate an experienced real estate attorney to advise you on the best way for you and your partner to have the deed and title to a property you purchase delivered to you by the seller. Look for protections in case one of you dies, so the living partner has full rights of survivorship, especially if you don't want the family of the deceased assuming ownership of your partners portion of your home. Have enforceable wills and living wills completed before closing or escrow on your new home.
Disclose to your agent if you are a partnered couple. Refuse to be positioned as friends, interior designers, brothers or sisters. Gay and lesbian homebuyer dollars are as green as any others. Find an experienced agent that understands how to bridge gay and lesbian homebuyers to property sellers and their realty agents if questions arise.
Determine if your state, county or local laws include sexual orientation as a protected class under fair housing laws or ordinances. Federal Fair Housing laws do not include sexual orientation as a protected class, but do cover; race, color, religion, national origin, sex, martial status, disability, and familial status. Contact or research if you have housing protections under local ordinances or state laws. Many states have recently updated their laws to include sexual orientation.
Realize when discrimination occurs. If your sexual orientation is protected from discrimination by a state, county or local law; understand how discrimination is determined. Based on your sexual orientation you are refused the sale of housing or refused to negotiate the sale, changing terms, conditions, or services for different individuals, advertising any discriminatory preference in housing or making a reference that is discriminatory in nature, representing that a property is not available to a protected class when in effect it is available, profiting by inducing property owners to sell on the prospective entry into the neighborhood of a protected class, denying membership or participation in a multiple listing service, a real estate organization related to the sale of housing as a means of discrimination.
Understand how to report discrimination. Report allegations of housing discrimination to the U.S. Department of Housing and Urban Development, the state real estate licensing authority, local,state or national real estate associations, and the local Multiple Listing Service.
Don'ts
Allow realty agents to steer you into predominantly gay and lesbian neighborhoods. Several lesbian and gay homebuyers have filed complaints with state real estate licensing authorities against realty agents who would only show them properties in known gay and lesbian neighborhoods. This is known as steering and is unlawful as discrimination. Any realty agent should show you properties anywhere you want to look and live. If you wish to be directed to certain areas, feel free to ask.
Mark Nash is a Chicago-based residential real estate author, broker and columnist. Mark's analysis, tips and trends are featured in national magazines, newspapers, on network and cable television. His annual year-end forecast; "What's In, What's Out with Homebuyers" is utilized by more than 500 news organizations in North America.
Mark's books include: 1001 Tips for Buying and Selling a Home, Real Estate A-Z for Buying & Selling a Home, Fundamentals of Marketing for Real Estate Professionals, Starting & Succeeding in Real Estate and Reaching Out: The Financial Power of Niche Marketing.
He is broker associate with Coldwell Banker Residential Brokerage and his real estate analysis has been featured on: Bloomberg Television, CBS News, CNN, Fox News, HGTV.com, The New York Times, The Today Show, and The Washington Post. The Library of Congress in Washington, D.C. featured Nash in March 2007.
Mark Nash is a Chicago-based residential real estate author, broker and columnist. Mark's analysis, tips and trends are featured in national magazines, newspapers, on network and cable television. His annual year-end forecast; "What's In, What's Out with Homebuyers" is utilized by more than 500 news organizations in North America.