Q: It is February, so love is in the air, but what should you do about buyer love letters?
A: The National Association of REALTORS® discourages the use of love letters.
Love letters, or buyer/tenant letters, are meant to personalize their offer by including personal information that may identify them as belonging to a protected class. This practice could lead to fair housing violations for the Seller and their agents, if decisions, whether intentional or not, are based on the buyer’s protected class status.
It is best practice to discuss the importance of Fair Housing with clients and explain the risks associated with accepting love letters and inform seller they may instruct their agents not to accept personal letters. If such instruction is provided, it should be documented in the listing agreement or another written format, and both prospective buyers and their agents should be informed that personal letters will not be shared with the sellers.
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Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service. The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legal@marealtor.com.