In some areas of the country, “love letters” – a note from buyer to seller praising the home – are common. But some of the letters may flirt with Fair Housing Act violations.
The National Association of Realtors® (NAR) Conference and Expo was held virtually in 2020, and many of the sessions involved discussions about buyer “love letters.”
For those who aren’t aware of what I am referring to, “love letters” are written statements that accompany a potential buyer’s offer. While these types of letters are not in and of themselves illegal, it’s important to note that if done without careful consideration, it could end up being a Fair Housing Act (FHA) violation.
How is this a possibility? Let’s examine a couple of examples of “love letters” – one that could be problematic with one that likely isn’t.
Example 1: A buyer drafts a love letter that includes how excited the buyer is to raise a family in the home. They can’t wait to see future children excitedly running down the stairs on Christmas morning.
Sounds harmless enough, doesn’t it? However, this buyer’s letter touches on two protected classes under the FHA: familial status and religion. Should a seller take these factors into account in arriving at a determination to accept the buyer’s offer, it could be a fair housing violation.
Example 2: A buyer drafts a love letter that discusses the buyer’s love of the homes’ architectural features and the buyer’s appreciation of the various details of the home’s construction.
Here, as the buyer solely focused on the property’s characteristics, none of which fall under a protected class, it’s likely not a fair housing violation.
As agents, it’s important to remind consumers about fair housing issues if you see a potential problem on the horizon. While no agent is expected to explain the legal nuances of the Fair Housing Act, it may be wise to suggest a buyer or seller consult their personal attorney if either of the respective parties veer into potential FHA violation territory.
Recently, I personally had a family with two young girls that were very excited about purchasing a home they had seen but knew the market was very strong and were afraid they would be outbid. Their daughters Lily and Hailey, sensing the seller could sell the home to someone else asked if they could write letters to be sent along with their parent’s offer. Little did these girls know the letters they wrote were compliant with the National Association of Realtor compliance guidelines, but they brought tears to the seller who accepted their parents offer.
In our business we constantly hear from those looking to make the move to Florida, “I’ve had the big home, the fancy cars and membership to the country club, but I want to simplify things and enjoy then next chapter of my life. Isn’t it ironic how life goes full circle? We marvel at the inquisitiveness of a child, but in our later years we find enjoyment in many of the same things we did as children. However, while this year has been one full of challenges of one kind or another I recall something very profound a dear friend of mine shared with me about how adults and children perceive many of the same scenarios differently. His name is Bob DeStefano and he was at one time the longest tenured golf professional in the country and was recognized by the PGA for his contribution to junior golf and for the junior golf program he created at Gardiner’s Bay Country Club located on Shelter Island, New York. Bob said, “You know the difference between children and adults? Adults will come into the pro shop and talk about all the bad shots during their round, but children will always talk about the one good one they had.” I’ve often thought about Bob’s analogy and wondered how some children have coped with the events from this past year and what their thoughts were for the New Year. I thought who better than to reach out to a couple of families we know who have had to adjust to the changes brought on by the pandemic with young children.
Of course no interview with young children could end without asking if they had an opportunity to meet Santa. I had remarked a couple of times to Gail how sad I felt seeing Santa sitting by himself at a mall without the excitement of children all around. Olivia replied by saying she and Avra did get to meet Santa but unlike past years where they were able to sit on his lap, this year they were sitting behind plexiglass, but she added, “We still did get to tell him what we wanted.” Hailey, whose personality is bigger than her, said she and Lily haven’t had an opportunity to meet Santa yet, but I’m sure when she gets finished with him, he’ll be ready for a long winter’s nap!
The lessons I learned from these girls was that they seemed to take their challenges more in stride but had a greater compassion for others who weren’t coping quite as well. While they enjoyed getting out and seeing their classmates they were apart from for so long, they savored their life at home, and the loving environment their parents created. It was their hope for the New Year that others could enjoy the same where everyone could be happy and healthy. And that is our wish for you.
No longer are people looking just to escape the harsh winter weather in the north, we are seeing people moving south as a quality of life change. Most of the people moving in are from high-taxed areas like New York, Boston, California, and Chicago, according to the New York Times. What makes Florida so appealing is residents pay no state income or estate tax and receive a homestead exemption of up to $50,000 on a primary resident and a 3% annual cap on home assessments.
During this time many discovered they could work remotely and with management seeing no drop off in productivity, employees as well as entrepreneurs started to relocate south to areas such as Florida and Texas. New contracts for single-family homes in Charlotte County were up 41% in August compared to this time last year. Single family homes are the “crème de la crème” vs condos and townhomes because most feel it is not only easier to social distance in a house, but weren’t quite ready to give up homeownership and downsize into a condominium.
Also, a booming housing market means more new homeowners – and a higher demand for new appliances such as refrigerators, dishwashers, washers and dryers. With more people staying at home and cooking, appliances are getting much more use requiring replacement, thus adding to manufacturers being backlogged to the end of the year. This pandemic has created a perfect storm for those looking to escape the high cost of urban living and unwittingly finding there are tax advantages and low mortgage rates to be enjoyed in areas with more desirable climates. According to the latest trends, many of Florida’s gulf coast towns and cities top the list as the choice of many seeking a better quality of life.
While most people would like to talk about themselves, Gary and Gail have always put their clients first, and their diverse backgrounds have provided their clients an unparalleled level of service and knowledge throughout the past years.