Last month we listed our farm property with a realtor friend of ours. We've only had one showing and it's to a person who's intent is to use our farm for something which will inherently destroy it's value and beauty. My question is, do we have a right to not sell our house to someone, if they present us with a full cash offer? Our realtor has told us we have to sell to these people if they make a good offer, and that it would be discrimination not to do so. What are our legal obligations? If we take our house off the market before the offer comes in, can we then list it later without a realtor and sell to anyone we choose?

Ally Bingen:

My question is, do we have a right to not sell our house to someone, if they present us with a full cash offer?

You aren't required to sell to anyone.  However, you may owe the real estate agent a full commission if they bring you a purchase agreement that is exactly to the terms of the listing agreement.

Ally Bingen:

Our realtor has told us we have to sell to these people if they make a good offer, and that it would be discrimination not to do so.

You can't pick and choose who you are going to sell to based on race, religion, etc. - consult with an attorney on this issue

Ally Bingen:

If we take our house off the market before the offer comes in, can we then list it later without a realtor and sell to anyone we choose?

You should look carefully at the terms of the listing cancellation agreement to determine when you can sell the property yourself without paying a commission.  Typically the real estate broker can pursue a commission if they have "exposed" the property to someone that you sell to for a certain period of time after the listin expires or cancels.  Check with an attorney to be certain of your rights.

Thank you, this is exactly what we needed to know. If we are presented with an offer we want to reject and not counter, how does that work? Do we just do nothing?

Chances are that they won't offer a full price offer (but you never know), so you could just stay firm on your price and your realtor will be the one to let them know where you stand on the counter.  Hopefully if they see you staying firm on price they may decide to just walk away.

If they end up offering you full price, than as Brian said you should consult with an attorney if you want to back out, since you may owe the realtor a full commission if they bring you a purchase agreement that is exactly to the terms of the listing agreement. 

Ally

Read your listing agreement. If it is unclear or you are not certain of what a clause means ask a qualified attorney to review with you.

Generally speaking you have agreed to offer your property for sale. You have not committed to sell. There are numerous terms in a contract that must be agreed to by both parties. Price is not the only component nor is it the DETERMINING component. You can negotiate into any contract terms you want... if the other side does not agree to those terms then there is no contract and therefore no commitment. (Most governing statutes will require the parties to act as "reasonable parties" or if they fail to do so... then to be judged by the "reasonable party standard".

An attorney can advise you how to counter an offer by a party that intends to use the property in a way you do not wish the property to be used...

In other words.. you can add a covenant to the contract stipulating the property must be retained in it's present state, zoning etc... Or you can retain rights to prevent certain future developments....

A local property was transferred to the railroad to be used only as a landscape buffer. IF the railroad ever built anything on the property, then the property reverted to the prior owner. This actually stopped the railroad when they decided they wanted to move the town train depot to this property... The property has remained vacant.

AGAIN, consult a qualified attorney.

Remember the basic rule of contracts; a counteroffer extinguishes the orignial offer.  An acceptance may be construed as performance, not just the promise to perform.  Be exacting and demand it of others that you deal with.

If there are any legalities involved and this includes the rejection of a seller to an offer, it is always best to consult a real estate lawyer.