More and more buyer agents are advising clients to write a love letter to accompany their offers to purchase a home.
In hot markets, the theory is that the seller choosing between multiple offers will be more inclined to accept an offer from someone who loves their home, even if that offer is not the highest.
In balanced markets, the hope is that a love letter will persuade the seller to accept a lower offer.
Does it work? In some cases, yes.
Sellers have been known to choose a buyer because that buyer promises to take good care of their garden or because they appreciate the special touches the owners have added to the house. Some choose a buyer because they identify with them as parents, dog lovers, golfers, fans of the same sports team, or even because share the same occupation.
The theory is “It can’t hurt, so why not try it?”
Well – because it could hurt.
A buyer who wrote a letter and whose offer was not accepted could claim a violation of the Fair Housing Act. This did happen in at least one case where the buyers had included photos of the family that clearly depicted their minority status. In this case, the buyers learned that the sellers had accepted an offer lower than theirs and they screamed discrimination.
As all agents know, there can be valid financial reasons for accepting a lower offer. They might include contingencies and concessions that effectively lowered the seller’s net proceeds. They might also include timing issues or a cash offer vs. one that was contingent on financing.
Sellers do have the right to accept the offer of their choosing – but can open themselves up to legal problems if it appears that they may have made that choice based on discrimination.
Because of this possibility, some attorneys are advising clients not to accept love letters from potential buyers.
Love letters can also hurt the buyer’s negotiating position.
Buyers are always cautioned not to show too much enthusiasm for a home in front of the seller or the seller’s agent.
And what does a love letter do? It conveys a strong desire to own that home. The letter may get the original offer accepted, but if further negotiations are needed after an inspection, the sellers may refuse to play.
“You love and want my house. This is the price we agreed upon. I’m not bending.”
If you’re a buyer, should you write a love letter to the seller? If you’re selling, should you accept love letters?
Since each situation is different, these are questions to discuss with your agent and possibly with your attorney.