I’m going to start this out with a blatant truth: we live in an imperfect world with lingering subconscious and blatantly purposeful discrimination (as we see every day in our personal lives and/or on TV). It’s heartbreaking but true.
So, what can Real Estate Agents do to root out racism and discrimination?
It starts by being a stewards of the Federal and State Fair Housing Act which prohibits discrimination because of race, color, national origin, religion, sex, familial status, disability, and more. These laws are intended to ensure that anyone who is qualified can purchase real estate. As an agent, it’s my job to adhere to these laws and protect my clients from inadvertently breaking them.
One risky practice that’s common in real estate is submitting “love letters” from potential Buyers to Sellers. These ‘buyer love letters’ can trigger fair housing concerns by innocently including personal information that reveals race, family status, religion, etc. For example, writing, “The extra space is perfect as we are expecting our first child” or “We can’t wait to celebrate Hanukkah in the large living room” are both prohibited basis for discrimination. I certainly understand why Buyers want to send these letters, but they are dangerous. The last thing I want to do is enable a Seller to pick (or not pick) an offer from a family having a baby over the family with a single parent or gay couple or any of the other protected class.
The National Association of Realtors guidance is pretty straightforward on this as well. Listing agents should be proactive and “Inform your clients that you will not deliver buyer love letters, and advise others that no buyer love letters will be accepted as part of the MLS listing”. When I represent a Seller, I explain accepting any such letter puts them in jeopardy and that I will be removing them from any offer we receive without reading them. A love letter can trigger implicit bias, putting a Seller in the position of preferring a Buyer based on a “feeling” that may seem innocent but is actually discriminatory. Sellers need to avoid any situation that would require them to explain why they accepted an offer that contained less favorable financial terms over one they rejected with better terms.
Buyer’s Agents should be proactive too, “If your client insists on drafting a buyer love letter, do not help your client draft or deliver it. Avoid reading any love letter drafted or received by your client.” When I represent a Buyer, I explain the fair housing concerns of buyer love letters, and I adhere to the National Association of Realtors best practices. It’s too risky and truly, should have no bearing on if their offer is accepted or not. A Seller accepting an offer based on anything other than the price, terms and merits of the offer might violate fair housing laws.
Any language in a personal letter that could allude to any of the protected classes or steering the Seller away from such could bring legal ramifications and Sellers should consult legal counsel and document their decision-making process if they insist on reading such letters. While it’s ultimately the Seller’s decision who they want to sell to, litigation could come upon the Seller and the Agent representing them, so any Agent worth their weight is going to advise their client to be careful and tread lightly.
Here are actual excerpts taken from some “love letters” which were sent to my Sellers that had I delivered, may have left my client open to a lawsuit:
- “My husband and I are Montgomery County natives and have been together since we were 15 years old. We’ve been married just shy of two years now… We’re hoping to start our family and give our 8 month old puppy a human sibling in the near future, but have been waiting for the perfect home to do so. We hope you can help make our dream come true.” – Violates Marital Status, Place of Residence, Familial Status
- “After I told our agent “this is it”, I told her pray, for the Bible says where two or more are gathered, there in the midst He will be. We truly believe our family will be happy there.” – Violates Religion, Familial Status
- “We decided that January of 2020 we would start looking into our first time home as husband and wife. We knew this was exactly where we wanted to start our family. Thank you for your time and God Bless you both. (also included a photo of their “family”)” – Violates Marital Status, Familial Status, Religion, Race, Color, Sex, Sexual Orientation, Personal Appearance
We all have a duty to fight prejudice, whether it is intentional or not. Removing buyer love letters is a small price to pay to have a better world. Are you looking for an Agent who, with purpose and intention, works to provide fair and unbiased support? Click here to book a real estate possibility call with me today.
You can find a list of all DMV Fair Housing protected traits below.
Arynne
Protected Traits in DC:
Race, Color, Religion, National Origin, Sex, Age, Marital Status, Personal Appearance, Sexual Orientation, Gender Identity or Expression, Family Responsibilities, Political Affiliation, Disability, Matriculation, Familial Status, Source of Income, Genetic Information, Place of Residence or Business, Status as a Victim of an Intrafamily Offense.
Protected Traits in MD:
Race, Color, Religion, Sex, Familial Status, National Origin, Marital Status, Sexual Orientation, Gender Identity, Disability, or Source of Income.
Protected Traits in VA:
Race, Color, Religion, National Origin, Sex, Elderliness, Familial Status, Disability, Source of Funds, Sexual Orientation, Gender Identity, and Veteran Status.
