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Sacramento home for sale — to anyone who doesn't support Trump

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John Bazemore, AP

Last Updated Mar 30, 2018 8:36 AM EDT

SACRAMENTO (CBS13) — A Sacramento, Calif., area home is up for sale, but it comes with a catch.

The homeowner has a political preference in mind for the next owner of her house, which has been in her family for decades.

"She entertained people from all walks of life," said the homeowner who asked we not use her name for fear of retaliation.

"I told her [the realtor] that I didn't want her to sell it to a Trump supporter," said the woman.

She wants a sale contingent upon how someone votes, but is that legal?

Attorney Allen Sawyer doesn't believe so.

"That's an unlawful contractual term that infringes the freedom of association and first amendment rights," said Sawyer.

But that doesn't prevent a seller from discussing this kind of request during a sale.

"We can ask somebody how they voted, but they don't have to tell us," said realtor Elizabeth Weintraub.

She says the "no Trump supporter" request is a first for her.

According to the Fair Housing Act, political party affiliation doesn't fall into one of the seven protected classes. They include race, religion, color, disability. National origin, sex and familial status.

"People have a right to believe what they want to believe and they shouldn't be restricted from purchasing property based on that," said Sawyer.

Despite the legal issues, certified appraiser Ryan Lundquist says the seller may be limiting the pool of potential buyers.

"39 percent of voters voted for Donald Trump in the Sacramento region. That's an absolute fact," said Lundquist.

To this homeowner, that may not matter. She says the point is more important than the money.

"When you're talking about principals, morals, and ethics, it's very very deep," said the homeowner.