K.M. Minemier & Associates is a certified Woman Owned Small Business (WOSB) engaged in full service real estate asset management and marketing.

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“I’m In ‘Love!’…So I’ll Write The Seller a Love Letter”….Smart Move or Not?

October 15, 2021

Let's talk a little bit about love. I mean, love and real estate go hand-in-hand, right? Well maybe not in the literal sense, but sometimes a person can love a house that they want to purchase so much that they would be willing to show that love to whatever extent possible. This often leads to buyers wanting to submit to the seller something called a love letter. What is a buyer love letter and are there any cautions that must be considered before writing such a letter to the seller? We will explore some of those pitfalls.

So a buyer has found the perfect home for them. But they run into a situation where there are multiple offers. They figured that maybe if they explain their situation to the seller, it might give the seller the opportunity to consider their situation and decide to accept the buyer's offer out of regard for the needs and wants of this buyer. Sounds innocent, right?

The potential problem here is that in writing this letter, the buyer may reveal that they are a part of a protected class. Under federal, state and sometimes local municipal fair housing guidelines, such protected classes may include one's race, sex, religion, familial status, etc, depending on whether it is at the federal, state or local level. If the seller makes a decision to accept or reject a buyer's offer based on any of these protected class statuses of the buyer, the seller could be in violation of fair housing laws against discrimination. The other parties involved such as the agents for both sides as well as the buyer themselves could also come under scrutiny in such situations. For these reasons, some MLS boards are now including in there sales contracts and listing agreements certain language regarding buyer "love letters". It is best to consult an attorney before signing any agreement or contract so that you can fully understand the meaning of such language.

So is it ok to write a "love letter" to the seller if you've found a home you really want, especially in this tough seller's market we're in? After all we are talking about love right! The best advice is to discuss this matter with your attorney so that you don't violate any federal, state or local fair housing laws. If that happens, there won't be much to love at all about that letter.


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