When the market is competitive, buyers will try everything to bring their A-game in hopes that sellers will accept their offer. In the past, writing their feelings about a home in a personal buyer’s love letter was a tactic used throughout the country.

But those letters have made headlines, with REALTOR® associations across the country discouraging their use in the real estate industry. The National Association of REALTORS® warns that letters sharing personal details can raise red flags. Often those letters reference protected classes under the Fair Housing Act or state and local fair housing laws, including race, color, religion, sex, disability, familial status or national origin.

Even if it is unintentional, buyer love letters introduced into the transaction put the seller at risk of violating fair housing laws should they decide to accept or reject an offer based on information related to these protected classes.

“The buyer is writing the letter in hopes of enticing the seller to select their offer,” says Alexia Smokler, NAR’s director of fair housing policy and programs. “But if the letter reveals the buyer’s race, religion, national origin or other protected category under fair housing laws, and the seller chooses the offer based on that information, the seller could be violating the law.”

Examples of Love Letter Problems

Smokler says a classic example of what can go wrong in a letter is someone describing their family celebrating Christmas around the fireplace. It sounds harmless, but it reveals religion and familial status. If a seller accepts or rejects the offer based on that information, it goes against the Fair Housing Act.

Sending photos or videos can make the situation even worse, she adds. “Now you’re making it very apparent who is going to be living in the house, when that should not be a factor in the seller’s decision.”

Tips for Other Buyer Strategies

• Instead of a letter, share your credit score with the prequalification letter to help show how qualified you are.
• A non-refundable deposit can go a long way to show a buyer’s skin is in the game.
• Make a competitive offer without crossing the line. It’s not always about the price. Have your agent find out from the listing agent what the sellers are really looking for.
• Sellers are always reminded that their decision to accept or reject an offer should be based on objective criteria only.