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Lynnea Miller, Premier Real Estate Service in Central Oregon (Bend Premier Real Estate)

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Rainmaker
613,494
Eve Alexander
Buyers Broker of Florida - Tampa, FL
Exclusively Representing ONLY Tampa Home Buyers

Research it.  ADA (Americans with Disabilities Act) trumps everyone...with someone like that, even landlords cannot discriminate against the breed, the size, or the fact that they say they do not rent to animals.

It is never up to anyone to determine if they really need the animals help. PTSD, or seizures is a disability that is not obvious that a dog can detect before it happens.

CONDO's that do not rent to pets must allow a service animal...I say animal because it does not have to be a dog...it can be any animal, including a pig.

This is why service animals are allowed on buses, airplanes,(for FREE) offices,stores, resturants and anywhere else the handicapped person needs to go.

I would hate to be the seller that discriminates against a emotionally challanged person...the fair housing lawsuit would be no different than if they did not allow the color of someone's skin, religion, kids or sexual preference.

And if indeed, someone is so alergic that a dog in their house for a few minutes would be determental to their health and it went to court, common sense dictates that they would have to prove it.

Eve

 

Mar 05, 2017 02:57 PM
Rainmaker
5,584,078
Barbara Todaro
RE/MAX Executive Realty - Happily Retired - Franklin, MA
Previously Affiliated with The Todaro Team

well, you can't force a seller to show their home....and since this is a health issue, that trumps discrimination....

Mar 05, 2017 01:46 PM
Rainmaker
410,235
Jim Paulson
Progressive Realty (Boise Idaho) www.Progressive-Realty.info - Boise, ID
Owner,Broker

I would start by seeing if you could figure out a way to cure the blindness, because until then, even with out the pet alergy issue, they still wouldn't be able to VIEW the home.  Sorry, but I didn't have a good legal answer to this important question, so I diffused it with my attempt at humor.  Subscribing to learn more.  Thanks!

Mar 05, 2017 01:59 PM
Rainmaker
4,273,325
Paul S. Henderson, REALTOR®, CRS
Fathom Realty Washington LLC - Tacoma, WA
South Puget Sound Washington Agent/Broker!

I think you are required to show it to that class of buyer however I would want to know why a blind person wants to see a listing Lynnea Miller 

Mar 05, 2017 02:31 PM
Rainmaker
2,227,228
Anthony Acosta - ALLATLANTAcondos.com
Harry Norman, REALTORS® - Atlanta, GA
Associate Broker

Be careful how you answer this question, you may find yourself in violation with HUD.  

Mar 06, 2017 05:53 AM
Rainmaker
1,601,050
Thomas J. Nelson, REALTOR ® CRS,ABR,PSA,RCS-D, ePRO
Big Block Realty 858.232.8722 - La Jolla, CA
Serving Coastal San Diego, Veteran's & Seniors

Tell the seller to leave and show it.

Mar 05, 2017 07:47 PM
Rainmaker
2,278,218
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

The service dog is guiding the buyer, not moving in. Open the windows, tour the property and get it sold.

Mar 05, 2017 07:31 PM
Ambassador
2,699,557
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

    I want a written opinion from my attorney (one with deep pockets and malpractice insurance), or I may even refer it out. 

    I don't say that lightly; this is the kind of situation that can end up in court, or complaints filed against you and the Seller with the Feds over ADA violations.

    BTW, I sold a house to a blind couple (husband and wife).  That was 15 or so years ago, there was no dog.  We are friends to this day.

Mar 05, 2017 06:43 PM
Rainmaker
979,796
Troy Erickson AZ Realtor (602) 295-6807
HomeSmart - Chandler, AZ
Your Chandler, Ahwatukee, and East Valley Realtor

Lynnea - I would tend to agree with what Debbie Reynolds had to say, and ask both parties if we could try and figure out a way to satisfy each of their needs.

Mar 05, 2017 06:19 PM
Rainmaker
1,713,576
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

You need to know the rules.

Mar 05, 2017 04:00 PM
Ambassador
5,428,929
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I would absolutely allow the showing - I would not want the ADA after my seller!  However, I would let the buyer with the service dog know that the seller is highly allergic to dogs and hopefully they will WANT to work something out to have someone stay with their dog outside of the home. I can't imagine that they wouldn't do that.  

Communication is key and understanding ADA laws is important to those sellers!

Mar 05, 2017 03:58 PM
Rainmaker
3,416,322
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

It got me thinking in 31 years of real estate i have never had this happen. I did sell a home to a woman with a blind daughter, who did walk through the home when we were in our search. She felt, she smelled and her senses were amazing how she described what she liked. 

Mar 05, 2017 03:55 PM
Rainmaker
3,988,138
Debbie Reynolds, C21 Platinum Properties
Platinum Properties- (931)771-9070 - Clarksville, TN
The Dedicated Clarksville TN Realtor-(931)320-6730

I would pull a copy of the law and read it very carefully. I would also explain it to the blind buyer and see if he had any suggestions.

Mar 05, 2017 03:42 PM
Rainmaker
681,434
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

I would request that the buyer have a family member preview the property for the buyer.

Mar 05, 2017 03:13 PM
Ambassador
6,621,986
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

The blind buyer is not likely to View the home, but their dog may be able to.

As far as the ada goes, there are some protections for owners who have allergies in multifamily units where the landlord lives in one unit, this may also extend here.  Would have to go back and look this up to be sure.

This was always a very unfair act, poorly written and heavy handed, I expect it will likely get squashed now that we have a landlord in the White house.

Mar 05, 2017 02:39 PM
Rainmaker
719,561
Richard Bazinet /MBA, CRS, ABR
West USA Realty - Scottsdale, AZ
Phoenix Scottsdale. Sellers, Buyers & Relocations

I see.... the buyer want to 'view' the home? Really? I guess that's a rhetorical question. Seller is king - first and foremost. The buyer-agent can be the service 'dog' and help the blind person around - its a much better alternative since the dog can't describe the features, amenities....

Mar 05, 2017 02:37 PM
Rainmaker
2,828,327
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

I am having trouble with a blind buyer...What do they "look" for ?

Mar 05, 2017 02:27 PM
Ambassador
5,140,205
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

I think Corinne Guest, Managing Broker has a good response. Perhaps, as Lyn Sims suggests, a short time by the dog in the home if the buyer does not want to bring a friend would be OK with the seller.

Mar 05, 2017 02:22 PM
Rainmaker
5,250,152
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

This might just be a property that this buyer doesn't "see." It is private property, afterall, and you can't force a seller to open his/her doors especially in a situation where the buyer's visit can cause harm to the home owner. Maybe the buyer needs a human companion to come along and lead them through the home in a case like this.

Mar 05, 2017 02:13 PM
Rainmaker
1,866,148
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I would actually think that it would be ok for the seller. I am extremely allergic to some dogs & as long as the dog doesn't spend an extreme amount of time in the home they should be ok. Dog cannot sleep over 

Mar 05, 2017 01:59 PM
Rainmaker
5,214,566
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Corinne Guest, Managing Broker and Barbara Todaro have 2 excellent answers.

Mar 05, 2017 01:52 PM
Rainmaker
5,962,163
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I wrote about a showing where someone brought a dog into my listing, and pooped in one of the bedrooms.   I think even if it is a service dog someone should get approval first. 

Mar 08, 2017 03:00 PM
Rainmaker
1,745,927
Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

As Mike & Eve Alexander wrote; Spot on!

Mar 07, 2017 05:55 AM
Rainmaker
809,308
Kasey & John Boles
Jon Gosche Real Estate, LLC - BoiseMeridianRealEstate.com - Boise, ID
Boise & Meridian, ID Ada/Canyon/Gem/Boise Counties

This is honestly not something I have thought about or ever dealt with so I think this Q&A has been one of the best I've read to date.  -Kasey

Mar 06, 2017 09:40 PM
Rainmaker
2,234,761
Debbie Laity
CinaJones Real Estate - Cedaredge, CO
Your Real Estate Resource for Delta County

I think Corinne Guest, Managing Broker nailed this one. I've never had anything even remotely like this come up. 

Mar 06, 2017 07:15 PM
Rainmaker
917,543
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Could one of the agents lead the buyer around instead of the dog, who could wait outside?

Mar 06, 2017 02:11 PM
Rainmaker
5,141,144
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Wow, I would think you have to show the home or be in trouble with the gov't

Mar 06, 2017 08:36 AM
Rainmaker
864,708
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

That is an easy one...they cannot be discriminated. Service dogs are allowed everywhere, even inside restaurants. 

The question should be how many blind buyers will you encounter touring a property?

Mar 06, 2017 06:41 AM
Rainmaker
8,082,368
Roy Kelley
Retired - Gaithersburg, MD

A blind prospect will not be doing much viewing.

Mar 06, 2017 06:03 AM
Rainmaker
4,800,282
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

I would ask permission of the seller, if they say no, I would ask the buyer if I could lead him by the hand.

Mar 06, 2017 05:26 AM
Rainmaker
1,004,318
Jennifer Mackay
Counts Real Estate Group, Inc. - Panama City, FL
Your Bay County Florida Realtor 850.774.6582

Ok it with the listing agent and the seller and we're good to go - service animals are quite different and I'm not talking about these stupid service animals that make their owners "feel better" about themselves sheesh!

Mar 06, 2017 05:19 AM
Rainmaker
1,677,896
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Mike and Eve have this one covered well. 

Mar 06, 2017 05:00 AM
Rainmaker
3,073,909
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty

parked and reading....

Mar 06, 2017 04:34 AM
Rainmaker
921,504
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

This is a non-issue.

Entitlement groups have entitlement attorneys willing to press their cause.

Why? Because they ALWAYS win, even when not judicated by a judge.

To think there is an option is to crate false hope and then the 'someone to blame' reflex puts the agent in the cross-hairs.

Mar 06, 2017 04:27 AM
Rainmaker
1,618,024
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

let them in

Mar 06, 2017 04:21 AM
Ambassador
2,543,461
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

I can't add anything that has been said here. I'd do some research and then guide my seller accordingly.

Mar 06, 2017 03:26 AM
Rainmaker
4,434,227
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I would advice the seller to allow 

Mar 06, 2017 03:25 AM
Rainmaker
1,643,260
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC • Short Sale • Probate

I think Corinne Guest, Managing Broker offered an excellent solution. I do not think, it should be objections from either side. 

Mar 05, 2017 11:56 PM
Rainmaker
4,321,670
Praful Thakkar
LAER Realty Partners - Burlington, MA
Metro Boston Homes For Sale

Lynnea Miller - now I have to check what others have responded to this Q - Liked Corinne Guest, Managing Broker's answer.

Mar 05, 2017 11:10 PM
Rainmaker
1,530,444
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Personally, if this issue came up I'd explain the seller's medical concerns to the buyer's agent and probably get a lawyer involved when taking the listing.  I'm not sure ADA or anti-discrimination would trump "right to life" in this case, dispite what Mike & Eve Alexander wrote (which I agree with for the most part).  I think this house would definitely be one of those appointment with agent listings with no keybox to make sure dogs did not get in.

Mar 05, 2017 08:24 PM
Rainmaker
5,773,924
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

Lynnea,

I brought that up in my answer to William.  A blind buyer should be allowed to bring the dog.   I am sure seller can relate, even if it takes bringing in a cleaning crew. A

Mar 05, 2017 06:54 PM
Rainmaker
3,986,423
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

The sellers wishes still come into play.

This is a great add on quesstion.

I did ask a trusted stty friend and he said because it is not a public place, the rules most likely would not apply for access.

Mar 05, 2017 05:39 PM
Rainmaker
602,025
Nathan Gesner
American West Realty and Management - Cody, WY
Broker / Property Manager

It's a violation of the law to prohibit a blind person from touring the home with a seeing-eye dog. Serious question: why would a blind person even bother touring a home?

Mar 05, 2017 05:00 PM
Ambassador
3,407,780
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Well, nothing can trump (can we still use that word these days without the risk of cross-fire?) Mike & Eve Alexander responses.  

Mar 05, 2017 04:31 PM
Rainmaker
928,328
Jeff Pearl
Samson Properties / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

A blind person can't view anything. i would leave dog in car, and lead blind person and describe what i'm seeing.

Mar 05, 2017 03:52 PM
Rainmaker
5,064,008
Richard Weeks
Dallas, TX
REALTOR®, Broker

What a great question.  You received some great answers, I have nothing to add.

Mar 05, 2017 03:48 PM
Rainmaker
151,733
Julie Larson Realtor® Sarasota FL 941-284-9826
White Sands Realty Group FL | 941-284-9826 | Serving Sarasota, Manatee & Charlotte Counties - Sarasota, FL
When you're thinking of moving...ThinkSuncoast.com

This is a great question and after reading the responses, I think Eve of Mike & Eve Alexander has made some really good points. 

Mar 05, 2017 03:39 PM
Rainmaker
1,257,958
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

see if the seller will make an exception. Health vs want to sell?

Mar 05, 2017 02:55 PM
Rainmaker
1,045,915
Dave Martin (703) 585-4687
Fairfax Realty - Fairfax, VA
Making Realty Dreams a Reality #WeWillGetYouHome

That is shaky territory for sure the LAW says YOU CAN'T deny access to a service or support animal PERIOD.

I've never experienced this situation however I think if I had a seller that had an extreme allergy I might put a Note about that in the MLS description and hope that might give both parties the opportunity to simply be respectful and considerate of each other. 

Feb 23, 2018 08:32 PM