Homebuyers have used these so-called \u201clove letters\u201d help their offers stand out, but critics say they leave the door open for discrimination.<\/p>\n<\/p><\/div><\/div>\n
Oregon will become the first state to require real estate agents to reject so-called \u201clove letters\u201d from homebuyers to sellers.<\/span><\/p>\n The new law<\/a>, which will go into effect in January throughout Oregon, says a seller\u2019s agent must reject<\/a> \u201cany communication other than customary documents\u201d from a potential homebuyer, including photographs.\u00a0<\/span><\/p>\n These letters often paint a personal picture meant to tug at the heartstrings of a seller<\/a>. But critics say they can also reveal information about buyers that could be used to discriminate<\/a> against them or others, consciously or otherwise, in violation of the Fair Housing Act.\u00a0<\/span><\/p>\n The National Association of Realtors advises its members to only consider legitimate, non-discriminatory criteria when selling a home. Failing to do so could leave agents in \u201ca compromised position,\u201d NAR spokesman Wesley Shaw said.<\/span><\/p>\n \u201cWe also recommend that our members explain potential pitfalls to their clients while stressing the importance of sticking to objective criteria in order to adhere to federal and state Fair Housing laws,\u201d Shaw said in a statement provided to <\/span>Inman<\/span>.<\/span><\/p>\n The association is unaware of whether buyer love letters have led to any lawsuits, Shaw added.<\/span><\/p>\n Still, some agents Inman spoke to say the opportunity to discriminate is apparent.\u00a0<\/span><\/p>\n Leann Harris<\/p>\n<\/div>\n When Leann Harris bought a home recently, she said she wrote a letter to the seller without fear of her race, ethnicity or family situation reducing her chances of getting the house.<\/span><\/p>\n \u201cMy love letter included things about my children and being able to have holidays with my kids, and it did strike that seller,\u201d Harris told Inman. \u201cI\u2019m also a white woman, and I feel like it was a privilege. I\u2019ve been privileged in that arena. So for me, I\u2019m OK with it going away.\u201d<\/span><\/p>\n For Harris, business owner and CEO of Keller Williams Realty Portland Central, the letter appeared to help her cause.<\/span><\/p>\n But in the experience of some agents, these letters are sometimes ineffective, RE\/MAX agent Sandy Williams said.<\/span><\/p>\n Sandy Williams<\/p>\n<\/div>\n \u201cI\u2019ve had transactions where we\u2019ve done these letters and it doesn\u2019t do any good,\u201d said Williams, who is based in the Oregon city of Beaverton, just west of Portland. \u201cIt\u2019s not a cut-and-dried situation, in my opinion.\u201d<\/span><\/p>\n Traditionally, it\u2019s been up to the seller whether to review a buyer love letter, Williams said. But she added that sellers tend to prioritize the hard numbers of an offer over the personal circumstances of the buyer.<\/span><\/p>\n Even though the Oregon law doesn\u2019t go into effect until January, some agents are already implementing the no-letter policy, Williams said.\u00a0<\/span><\/p>\n Wesley Johnson<\/p>\n<\/div>\n Portland-area Keller Williams agent Wesley Johnson said he rarely sees these letters from buyers. Sometimes he\u2019ll see them from first-time homebuyers \u2014 especially those with families<\/a>, he said.<\/span><\/p>\n The new law explicitly says banning the letters should help sellers avoid discriminating among potential buyers based on familial or marital status, in addition to a buyer\u2019s race, national origin, gender, sexual orientation or religion.<\/span><\/p>\n The statute language also raises questions for some agents about what will still be allowed when it goes into effect in January. <\/span><\/p>\n For instance, an offer will often include a cover sheet with some information on the buyer.\u00a0<\/span>But it\u2019s unclear whether such a cover letter containing personal information would be allowed as a \u201ccustomary\u201d document under the new law, Keller Williams agent Amy Logue said.<\/span><\/p>\n Amy Logue<\/p>\n<\/div>\n Logue works in the Portland area at Harris\u2019s firm. She said if the new law prevented agents from including any personal information<\/a> in an offer cover letter, it would be \u201ca sticking point\u201d for some.<\/span><\/p>\n \u201cFor the agents, it\u2019s mixed emotions,\u201d Logue said. \u201cSome love them. Some attribute winning multiple offer situations to the love letters, while others hate them and don\u2019t want to provide them.\u00a0<\/span><\/p>\n \u201cA lot of people are really happy to see the law. For fair housing, it\u2019s a great thing.\u201d<\/span><\/p>\n Email Daniel Houston<\/span><\/i><\/p>\n<\/p><\/div>\n![\"\"](\"https:\/\/i0.wp.com\/webassets.inman.com\/wp-content\/uploads\/2021\/07\/leann-harris-mug-150x150.jpeg?resize=150%2C150&ssl=1\")
<\/p>\n![\"\"](\"https:\/\/i0.wp.com\/webassets.inman.com\/wp-content\/uploads\/2021\/07\/MainPhoto_cropped-150x150.jpeg?resize=150%2C150&ssl=1\")
<\/p>\n![\"\"](\"https:\/\/i0.wp.com\/webassets.inman.com\/wp-content\/uploads\/2021\/07\/wesley-johnson-photo-150x150.jpeg?resize=150%2C150&ssl=1\")
<\/p>\n![\"\"](\"https:\/\/i0.wp.com\/webassets.inman.com\/wp-content\/uploads\/2021\/07\/1516953233714-150x150.jpeg?resize=150%2C150&ssl=1\")
<\/p>\n