In a competitive market, homebuyers often feel the pressure to pull out every stop to get their offer accepted. When inventory is low and bidding wars are high, simply offering the "highest and best" price doesn't always feel like enough. This desperation has popularized a tactic known as the homebuyer "Love Letter."

While the intention is usually sweet—to create a personal connection with the seller—these letters are fraught with legal peril. Before you sit down to write a heartfelt note (or accept one as a seller), it is crucial to understand why real estate professionals are increasingly advising against them to protect you from liability.

What is a Buyer "Love Letter"?
A buyer Love Letter is a personal message written by a prospective homebuyer to the seller, usually submitted alongside a formal offer to purchase. Buyers hope that by sharing their story, they can tug at the seller's heartstrings and convince them to select their offer over others based on an emotional connection rather than just financial terms.

These letters typically include:

  • Compliments about the home’s features.
  • Personal details about the buyer’s life.
  • Descriptions of how the buyer envisions using the home.
  • Sometimes, they even include photos of the buyer or their family.

The Problem: Fair Housing Violations
The Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability.

The danger of Love Letters is that they appeal to a seller's feelings and place the seller in a position of indicating a preference for a buyer based on something they "like" about them. Unfortunately, these letters almost always reveal information about protected classes.

Even if it is unintentional, a Love Letter puts the seller at risk. Consider this example:

A buyer writes a letter saying they "can picture their family celebrating Christmas around the fireplace."

While this sounds harmless, it reveals two protected classes: religion and familial status. If a seller decides to accept or reject an offer based on this information, they (and their agent) may be at risk of discrimination charges.

The Liability of Including a Photo

Including a photograph with an offer letter escalates the risk significantly. A photo instantly evidences the characteristics of who would be living in the house—such as race, age, or sex.

These factors should never play a role in a seller's decision. If a seller selects an offer accompanied by a photo, a competing buyer could argue they were rejected because they did not match the demographic profile of the successful buyer. This creates significant legal exposure for the seller.

Why You Should Avoid Them

To ensure a fair and legal transaction, real estate professionals are guiding clients away from this practice.

For Sellers: You should base your decision to accept or reject an offer on objective criteria only (price, contingencies, closing date, financial strength). Accepting a Love Letter opens you up to accusations that your decision was based on bias. If you insist on accepting a Love Letter, we strongly advise you to seek legal counsel first.

For Buyers: Writing these letters can complicate the sale and put your agent in a difficult position. If you insist on drafting a letter despite the risks, be aware that many agents—including us—will not read, accept, or deliver the letter to the seller or the seller's agent to maintain compliance with Fair Housing laws.

Our Policy

At Educators Realty, we prioritize fair and ethical housing practices.

If we represent a Seller who receives a Love Letter, we will explain the Fair Housing implications and advise that the letter not be accepted. We document all offers and the seller's objective reasons for acceptance.

If we represent a Buyer, we advise against drafting these letters and will not deliver them due to Fair Housing concerns.

Our goal is to help you win the home or sell your property based on the merits of the deal, keeping you safe from legal complications down the road.

Read more about our commitment to fair housing here.

Written by:
Christopher Robson
Licensed Real Estate Broker
Educators Realty
Molloy University Real Estate Faculty
(516) 459-9564
chris@educatorsrealty.com


Disclaimer: This post is for informational purposes only and is not intended to constitute legal advice. Real estate laws and regulations can be complex and fact-specific. This content does not create an attorney-client relationship. We encourage you to seek competent legal counsel regarding any specific transactions or concerns.