Q: I’m a buyer’s agent, and I got a text from the listing agent stating that the seller was rejecting my client’s offer because of the combination of price and “the fact that it’s a USDA loan.” Would that be a violation of the source of funds fair housing protection?

A: No. According to DPOR, the purpose of the source of funds law is “to prohibit discriminatory practices with respect to residential housing on the basis of source of funds—not to prevent non-discriminatory consideration of financing during housing transactions.” Considering the financial terms of an offer, including the type of loan, is not unlawful under Virginia’s Fair Housing laws.

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