Under what condition can a salesperson legally discriminate between offerors?

In the context of real estate transactions, the legality of discrimination in the handling of offers revolves around federal and state fair housing laws. The Fair Housing Act prohibits discrimination based on several protected classes including national origin, religion, and sex.

When considering the condition in which a salesperson can legally discriminate, financial status stands apart from these protected categories. A salesperson has the discretion to evaluate offers based on the financial qualifications of the offerors. This evaluation could include the offeror's credit score, income, or ability to obtain financing.

Discrimination based on financial status does not violate the Fair Housing Act or related state laws because financial status is not categorized as a protected class. Therefore, a salesperson can choose to prefer an offer from a buyer who has better financial credentials, thus making this decision legally permissible.