Buyer Love Letters & Fair Housing Risk
In March 2022, a federal court issued an injunction blocking enforcement of Oregon’s law that would have required listing agents to reject buyer “love letters.” While that law is currently on hold and not being enforced, Fair Housing laws still apply.
Risk Mitigation Guidance
Love letters can create significant risk. If a seller chooses or rejects an offer based on information related to a buyer’s protected class — such as race, religion, familial status, sexual orientation, source of income, or other protected characteristics — that may constitute a Fair Housing violation. Licensees who assist in that decision-making process may also face liability.The most effective way to reduce risk is to avoid love letters altogether. Many brokers and sellers establish a policy in advance that buyer letters and personal photographs will not be accepted, and disclose that policy in the MLS.
Fair & Compliant Offer Evaluation
- Focus strictly on objective offer terms and financial qualifications.
- Avoid discussing personal information unrelated to the transaction.
- Advise clients that Fair Housing laws prohibit decisions based on protected characteristics.
- Encourage objective evaluation tools, such as offer comparison spreadsheets.
Always confirm current protected classes under federal, state, and local law, as local jurisdictions may include additional protections. For additional guidance, consult the Oregon Real Estate Agency and the Fair Housing Council of Oregon.