The Commissioner of the Department of Real Estate discourages the use of buyer “love letters”. Love letters are those letters buyers like to write to sellers when submitting their offer, to get an advantage over other offers. Because sellers are seeing multiple offers in most transactions, an advantage that is based on unlawful reasons could create a problem for your transaction, which probably only would have to start with a simple allegation. Here’s what the Commissioner says:
In this competitive real estate market, buyers are always looking for an edge. Love letters” are an increasingly popular strategy to attempt to make an offer more attractive. Love letters are a written message from potential buyers to sellers explaining why they are interested in the property. In these letters, buyers often share details about their family and why the home is a great fit. The note might also convey personal information about the potential buyers, such as their intended involvement in the community, their connection to local religious communities, their kids’ activities, etc. Love letters are designed to help distinguish buyers from others who are also interested in the property. However, because the communication might also include details about a person’s race, religion, sexual orientation, etc., love letters open the door to unconscious bias and/or discrimination. Using such characteristics as the basis to either accept or reject an offer, as opposed to using price and terms, violates state and federal fair housing laws.