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Va. Man Triumphs Against Realtors

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But two days later, his agent called and said the owner had chosen a young married couple who had made an offer of $45,000 less. "She said it was the fact that I'm single and they sensed that I'm gay," Cummings said. And so he filed his complaint.

At the hearing, Cummings's attorney played a tape of a voice-mail message from a Long & Foster agent to a Realtor for McEnearney Associates, who was representing Cummings, describing the seller as a "fuddy-duddy" and explaining who she wanted to own the house:

"She was just extremely concerned that a young family, who would love the house and care for it, just like they did, down to the last curtain, which had been made from a wedding dress from one of their children, [would] love the house as much as they did," Anise Snyder of Long & Foster left in the message to David Howell of McEnearney, according to the case file.

Brien Roche, attorney for Long & Foster, said that the young couple who bought the house had made an equal offer, put down more earnest money and were chosen because they had shown more enthusiasm, even writing a letter about how much they liked the house and the curtains. Cummings, an interior designer, loved the house, too, but not the curtains, he would say later. "Old, dirty drapes? I don't think so," he said.

"There were both business and emotional reasons as to why the seller chose the people," Roche said in the case file. "It had nothing to do with marital status, nothing to do with anything other than the facts I just mentioned."

Cummings and the seller have settled for an undisclosed amount. Cummings rejected a $2,000 settlement offer from Long & Foster, he said. He eventually bought a house in McLean -- from a Long & Foster agent.

Staff researcher Bobbye Pratt contributed to this report.


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