

561,627
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!
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Kathleen Daniels, Prob...
San Jose, CA
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Kris Collis, Associate...
East Stroudsburg, PA
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Lyn Sims
Schaumburg, IL
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Diana Dahlberg
Pleasant Prairie, WI
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Shayne Stone
Fulshear, TX
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Joan Cox
Denver, CO
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Nina Hollander, Broker
Charlotte, NC
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Brian England
Gilbert, AZ
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Wayne Martin
Chicago, IL
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Peter Mohylsky, Beach ...
Miramar Beach, FL
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Fred Griffin Florida R...
Tallahassee, FL
1,819,560
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.
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Rena Levy
Las Vegas, NV
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Inna Ivchenko
Encino, CA
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Kris Collis, Associate...
East Stroudsburg, PA
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Lyn Sims
Schaumburg, IL
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Diana Dahlberg
Pleasant Prairie, WI
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Katina Hargrove 352-55...
Eustis, FL
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Candice A. Donofrio
Fort Mohave, AZ
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Nina Hollander, Broker
Charlotte, NC
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Wayne Martin
Chicago, IL
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Fred Griffin Florida R...
Tallahassee, FL
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Shayne Stone
Fulshear, TX
3,279,943
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.
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Kris Collis, Associate...
East Stroudsburg, PA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Diana Dahlberg
Pleasant Prairie, WI
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Shayne Stone
Fulshear, TX
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Nina Hollander, Broker
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
4,972,161
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.
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Kris Collis, Associate...
East Stroudsburg, PA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Diana Dahlberg
Pleasant Prairie, WI
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Shayne Stone
Fulshear, TX
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Joan Cox
Denver, CO
4,474,448
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.
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Diana Dahlberg
Pleasant Prairie, WI
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Fred Griffin Florida R...
Tallahassee, FL
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Shayne Stone
Fulshear, TX
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Nina Hollander, Broker
Charlotte, NC
2,975,528
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!
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Inna Ivchenko
Encino, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Diana Dahlberg
Pleasant Prairie, WI
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Candice A. Donofrio
Fort Mohave, AZ
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Shayne Stone
Fulshear, TX
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Fred Griffin Florida R...
Tallahassee, FL
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Roy Kelley
Gaithersburg, MD
5,782,764
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.
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Georgie Hunter R(S) 58089
Haiku, HI
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Diana Dahlberg
Pleasant Prairie, WI
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Katina Hargrove 352-55...
Eustis, FL
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Fred Griffin Florida R...
Tallahassee, FL
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Shayne Stone
Fulshear, TX
5,018,651
Easy for this retired guy. I agree with Shayne Stone and Lyn Sims. So I am moving on!
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Diana Dahlberg
Pleasant Prairie, WI
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Shayne Stone
Fulshear, TX
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Brian England
Gilbert, AZ
1,219,899
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.
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Diana Dahlberg
Pleasant Prairie, WI
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Shayne Stone
Fulshear, TX
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Wanda Kubat-Nerdin - W...
St. George, UT
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Joan Cox
Denver, CO
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Fred Griffin Florida R...
Tallahassee, FL
1,130,220
Sellers rock, No animals if they say no animals. and ada does not necessarily apply to this type of situation.
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Dahlberg
Pleasant Prairie, WI
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Shayne Stone
Fulshear, TX
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Wanda Kubat-Nerdin - W...
St. George, UT
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Fred Griffin Florida R...
Tallahassee, FL
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John Juarez
Fremont, CA
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Peter Mohylsky, Beach ...
Miramar Beach, FL
6,185,583
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.
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Diana Dahlberg
Pleasant Prairie, WI
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Shayne Stone
Fulshear, TX
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Nina Hollander, Broker
Charlotte, NC
664,089
Sellers have rights -- if they say no pets inside their home -- I have to say No Pets. 😇🐶🐱
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Joan Cox
Denver, CO
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Fred Griffin Florida R...
Tallahassee, FL
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Shayne Stone
Fulshear, TX
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Wanda Kubat-Nerdin - W...
St. George, UT
1,479,842
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.
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Dahlberg
Pleasant Prairie, WI
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Candice A. Donofrio
Fort Mohave, AZ
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Shayne Stone
Fulshear, TX
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Wanda Kubat-Nerdin - W...
St. George, UT
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Fred Griffin Florida R...
Tallahassee, FL
871,483
I doubt it. I don't believe homeowners are subject to allowing service animals. You never know if someone has allergies, aversions, etc.
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Kathleen Daniels, Prob...
San Jose, CA
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Diana Zaccaro Broker A...
Cocoa Beach, FL
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Shayne Stone
Fulshear, TX
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Wanda Kubat-Nerdin - W...
St. George, UT
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Fred Griffin Florida R...
Tallahassee, FL
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John Juarez
Fremont, CA
1,014,914
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 . . .
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Diana Dahlberg
Pleasant Prairie, WI
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Shayne Stone
Fulshear, TX
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Wanda Kubat-Nerdin - W...
St. George, UT
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Fred Griffin Florida R...
Tallahassee, FL
2,751,170
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?
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Diana Dahlberg
Pleasant Prairie, WI
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Wanda Kubat-Nerdin - W...
St. George, UT
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Richie Alan Naggar
Riverside, CA
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John Juarez
Fremont, CA
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Fred Griffin Florida R...
Tallahassee, FL
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Shayne Stone
Fulshear, TX
358,010
Sellers get to say who can and can't come inside their private homes.
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Georgie Hunter R(S) 58089
Haiku, HI
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Fred Griffin Florida R...
Tallahassee, FL
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Kathleen Daniels, Prob...
San Jose, CA
886,037
Proper documentation is required for legitimate support animals.
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Kathleen Daniels, Prob...
San Jose, CA
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Shayne Stone
Fulshear, TX
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Fred Griffin Florida R...
Tallahassee, FL
1,570
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
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Karen Climer
Orlando, FL
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Fred Griffin Florida R...
Tallahassee, FL
1,994,448
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.
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Georgie Hunter R(S) 58089
Haiku, HI
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Fred Griffin Florida R...
Tallahassee, FL
405,886
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.
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Kathleen Daniels, Prob...
San Jose, CA
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Fred Griffin Florida R...
Tallahassee, FL
188,392
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.
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Fred Griffin Florida R...
Tallahassee, FL
2,281,233
https://www.humanesociety.org/resources/fair-housing-act-and-assistance-animalsFred 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
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Fred Griffin Florida R...
Tallahassee, FL
1,603,675
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.
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Fred Griffin Florida R...
Tallahassee, FL
897,798
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.
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Fred Griffin Florida R...
Tallahassee, FL
387,876
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.
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Fred Griffin Florida R...
Tallahassee, FL
626,569
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.
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Fred Griffin Florida R...
Tallahassee, FL
535,033
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.
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Shayne Stone
Fulshear, TX