Fred Griffin Florida Real Estate, Licensed Florida Real Estate Broker (Fred Griffin Real Estate)

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Shayne Stone
HomeSmart - Fulshear, TX
"Your Rock Solid Choice Realtor"

I would have to agree with Lyn Sims. Also, would say that I think ADA is mainly referring to Public Buildings and not Private Houses or Buildings! 

May 28, 2023 04:10 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

I know the rules about support animals & I would still abide by what the seller says. My state says that we should not discriminate but if someone brought their emotional support turtle, I'd tell them they'd have to leave it outside per the seller.


May 28, 2023 03:11 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Come on Man. 

You know where I live, Fred Griffin Florida Real Estate 

No Joke. True Story. 

You already know anything and everything goes here.  

Like Miss Nina Hollander, Broker I do not host open houses. I do not know how this would apply to open houses and if any "rulings" on the subject matter would override a seller's instructions.  Sellers do have rights. If they are allergic, they have a right to protect their health when selling a home. 

May 29, 2023 07:50 AM
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

Can't say I've given this much thought as I don't hold open houses, so it's not been an issue. It's also not come up with anyone coming to look at one of my listings. 

May 29, 2023 05:27 AM
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

Hmm, I am not sure about that, but if they told me it was a service animal I would likely allow them to stay on the safe side of things, haha.  It's kind of sad that so many people abuse it, which makes it tougher for those that truly need the assistance.

May 29, 2023 05:02 AM
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

A homeowner has the right to say NO to animals being brought into their home. A past client has a deadly allergy to pet dander and could be a serious health issue for others as well.

With the owner's permission, I did hold a 'dog friendly' open house event in a vacant listing that went well!


May 29, 2023 09:57 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

If my Seller says NO ANIMALS, no animals will come in.   I have had one lady recently that said she would carry the little dog during the tour, but told her the dog had to stay out.  Family has severe allergies.

May 29, 2023 06:22 AM
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

Easy for this retired guy. I agree with Shayne Stone and Lyn Sims. So I am moving on! 

May 29, 2023 04:58 AM
John Juarez
The Medford Real Estate Team - Fremont, CA

On occasion, I have been visited at an open house by someone with a dog. If they can carry it and never let its feet touch the floor, I invite them in. If the dog is too big, I suggest they tie the dog outside, leave it in their car or have their partner hold the dog outside.

May 29, 2023 09:31 AM
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

Sellers rock,  No animals if they say no animals.  and ada does not necessarily apply to this type of situation.  

May 29, 2023 09:16 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Never run into this with buyers or sellers so far, when this does occur we will educate the client on what is required and make sure that we comply.

We do however encounter this from time to time with renters, and we are very familiar with the law and the loopholes in this area.

May 29, 2023 12:30 AM
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

Sellers have rights -- if they say no pets inside their home -- I have to say No Pets. 😇🐶🐱

May 29, 2023 11:19 AM
Ryan Huggins - Thousand Oaks, CA - Thousand Oaks, CA
Residential Real Estate and Investment Properties

Thankfully this has never come up!  Out here in California, it's illegal (for what that's worth anymore) to falsely claim an animal is a disability animal. 

May 29, 2023 09:29 AM
Carla Freund
Keller Williams Preferred Realty - Raleigh, NC
Carolina Life RealEstate & Relocation 919-602-8489

I doubt it. I don't believe homeowners are subject to allowing service animals. You never know if someone has allergies, aversions, etc.

May 29, 2023 09:12 AM
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

We don't have anything that dictates that locally . . . and the ADA's FAQs do  not specifically cover it. Q35 is the closest . . .
I am not at all sure a seller must allow a service animal into their personal residence . . . 

May 29, 2023 07:24 AM
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

The mandate to sell is the driving force. If someone wants to buy, we should accommodate the potential sale opportunity. When we interfere, we send a mixed message of we want to sell but not to you? 

May 29, 2023 05:58 AM
Don Baker
Lane Realty - Eatonton, GA
Lake Sinclair Specialist

Sellers get to say who can and can't come inside their private homes.

May 30, 2023 07:23 AM
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Proper documentation is required for legitimate support animals.

May 29, 2023 11:02 AM
Rena Levy
Realty One Group International - Las Vegas, NV

I know that at my association building in Las Vegas, Nevada, there is a sign that says only service dogs are allowed. Unless it’s a service dog, I will follow my seller’s request since it’s not a public building

May 30, 2023 07:30 PM
Alan May
Jameson Sotheby's International Realty - Evanston, IL
A moving experience!

The rules about support animals cover a person's rights to live in (as a resident or a tenant) a property.  They do not cover a person's right to visit a property, that is entirely up to the owner of that property, and if the owner does not want an animal in the home, that have every right to refuse entry to that animal (support animal or not). 

Visiting an open house is an option, not a right.

May 29, 2023 02:17 PM
J.R. Schloemer, CRS
Kentucky Select Properties - Louisville, KY

I've been thinking about this lately. Heard something on the radio about the fact "Emotional Support" has a low bar and just about anything can qualify. Little to no credentialing for Support animals, and the "gold standard" appears to be Service Animals...a dog or Shetland Pony. I am leaning towards only allowing Service animals in my practice.

May 29, 2023 11:41 AM
Karen Climer
Demetree School of Real Estate - Orlando, FL
Teaching people to pass the real estate exam

Something that has not been mentioned... regardless of whether the dog is a service animal, emotional support animal, or pet, if the dog is misbehaving, you can kick them out.

For example, someone says they have a service dog.  The dog goes into the house, then jumps up on the couch, you can tell the owner to take the dog outside and leave it out there.  Even if it's a service dog.

This is useful to know for when someone has a fake service dog.  A trained service dog won't jump on the couch.  If someone has an untrained dog that is a pet but they say it's a service dog so they can take it in stores, that dog might jump on the couch.  A business owner is within the law to remove the dog.  The customer can return, but they have to leave their dog outside.

May 31, 2023 04:13 PM
Hannah Williams
HomeStarr Realty - Philadelphia, PA
Expertise NE Philadelphia & Bucks 215-820-3376 Griffin Florida Real Estate I believe it is a federal law, not a state law. You better check up on this or you just may find yourselves in plenty of hot water.  this is just one of many sites 

May 30, 2023 01:16 PM
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC Calabasas CA

It is not an easy one and fortunately rare situation. I do not see any stress for a visitor in walking through the house few minutes during open house alone( without their beloved pet) , but people nowadays  can be sooooo sensitive and a very polite explanation of  why ''you can't bring your pet with you inside of someone's  residence due their request'' can still trigger a very strong reaction against my client and myself.


May 30, 2023 10:49 AM
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

Sellers have final say. They can refuse entry to anyone. The potential buyer can leave their emotional support animal outside with someone or in car if they want to go inside house.

May 30, 2023 09:37 AM
Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

As seller in the past, no lock box, listing agent was supposed to vet everyone. A buyer brought their no helper dog poodle who dug up hydrangeas and jumped on white couch. Hmm people can be crazy.

May 30, 2023 09:09 AM
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

ADA is being tested in California all the time.  In my last continuing education classes for my Hawaii license, it took Fair Housing extremely seriously.  I don't want me or my sellers get sued, so we have the discussion when I take on a client.  Keeping booties that go on the outside of shoes or paws helps. 

Interestingly, I was the organizer of the Carmel Art Festival last weekend and the park in CarmelByTheSea where it is held annually does not allow dogs.  Period.  That was a challenge: no one specifically told me to not allow dogs who came with their owners to look at the art.  I did tell one with a big German Shepherd.  I even told the German trained dog in German and guess what?  He growled at me, hahahaha.  I know he understood me.

May 30, 2023 08:17 AM
Jerry Lucas
ABC Legal Docs LLC - Colorado Springs, CO
Notary Training, Consulting. Colorado Springs, CO

The ADA does not apply to privately owned homes used as a private residence. A private home is not a place of public accommodation, but a real estate office is open to the public.

But, local, state, and federal Fair Housing laws apply and protect people with disabilities, unless there is an exception in the law.

Generally, a for sale by owner or for rent by owner property has more exceptions than when the owner hires a licensed real estate professional to sell or manage the property.

A property owner cannot hire a real estate professional and demand that the licensed professional ignore or violate the Fair Housing laws.

A contract is not valid if it contain illegal provisions.  Or, if there is a severability clause, the illegal provisions shall be removed or modified to comply with the law.

Follow the Fair Housing laws regarding service animals for people with disabilities.


Update: ADA Title III, Public Accommodations and Services by Private Entities, does not mention real estate or open house anywhere.
The definition in Section 12181(7)(F) of Public Accommodation includes the professional office of a service establishment.

ADA would not apply to a private residence offering free candy to children at Halloween or a yard sale.

Disclaimer: I am not an attorney and this information is not legal advice.

May 29, 2023 10:18 AM