No Love Letter Needed
Do you love me?
Check one: “yes” or “no”
Not THAT kind of love letter!! Nobody is sitting in a tree k-i-s-s-i-n-g!
These days, with the housing market as competitive as it is, buyers are resorting to submitting “love letters” with their offers. This tactic is an attempt to gain an advantage over other buyers in a multiple-offer situation by wooing the seller with compliments, extra information about their families, or presenting characteristics they may have in common. While the “love letter” approach may seem harmless, it actually can violate Fair Housing laws. (Remember that lesson from 8/25/2021? Click here for a refresher on the Fair Housing Act).
Read the example love letter below and see if you can spot any possible legal concerns:
Innocent as it may seem, this letter could cause the seller to choose a buyer based on certain attributes that could be taken as discrimination. Did you include a picture of you or your family in the letter? Did you reveal your religious status or church affiliation? Did you use any wording that divulges any handicaps or disabilities? Did you attempt to make the seller feel guilty in any way for not accepting your offer? All of these issues could be construed as direct violations of the Fair Housing Act: the seller can see your skin color, familial status, religious connections, social networks, etc.
Sellers are to accept offers based ONLY on the information presented in the official Purchase and Sale Agreement: offer amount, loan amount, type of loan, amount of earnest money, amount of money being contributed to closing costs, and other FACTS in the offer. Yes, some of what the love letter divulges can be found on social media. But, neither listing nor selling agent is considered liable or open to lawsuits if the seller takes it upon him/herself to do some poking around on a Facebook page. Real estate agents could be named in a discrimination lawsuit for participating love letter activity.
The state of Oregon is the first to ban the use of buyer love letters, and others will probably follow suit. It is the policy of Go Realty NOT to submit love letters with offers. Our ultimate goal is to represent our clients to the best of our abilities, remaining within ALL legal and ethical guidelines, to get you into the home of your dreams.