In competitive housing markets, buyers sometimes write personal letters to sellers hoping to create an emotional connection that tips the decision in their favor. While well-intentioned, these so-called "love letters" can inadvertently violate federal and state fair housing laws, exposing both buyers and sellers to legal risk. Understanding what you can and cannot say in a home offer letter is not just good practice; it is a legal necessity.
The Federal Fair Housing Act
The Fair Housing Act, originally passed in 1968 and amended several times since, prohibits discrimination in the sale, rental, and financing of housing based on seven protected classes: race, color, national origin, religion, sex (including sexual orientation and gender identity as clarified by recent court rulings and executive orders), familial status, and disability. The law applies to sellers, landlords, lenders, real estate agents, and anyone else involved in a housing transaction.
When a buyer's offer letter reveals information about one or more of these protected characteristics, it puts the seller in a difficult position. If the seller chooses one offer over another after reading personal details about the buyer's family, religion, or national origin, they could face allegations of discrimination, even if their decision was based entirely on financial terms.
State and Local Protections
Many states and municipalities add protections beyond the federal list. Common additional protected classes include age, marital status, source of income, veteran or military status, political affiliation, and gender expression. For example, California's Fair Employment and Housing Act adds protections for medical condition, genetic information, and source of income. In New York City, lawful occupation and partnership status are also protected.
Oregon became the first state to outright ban buyer love letters in 2021, a law that took effect in 2022. The legislation prohibits sellers and their agents from accepting or considering any communication from buyers that is not a customary part of the real estate transaction. While the law was temporarily challenged in court, it reflects a growing trend toward restricting personal letters in real estate transactions.
What to Avoid in Your Offer Letter
To stay on the right side of fair housing laws, your offer letter should never include information about your race, ethnicity, or national origin. Do not mention your religion, church affiliation, or religious practices. Avoid discussing your family status, such as whether you have children, are pregnant, or are a single parent. Do not reference any disability or medical condition. Avoid mentioning your age, marital status, sexual orientation, or gender identity. Do not include family photos or photos of yourself.
What You Can Safely Include
Focusing on the property itself is the safest approach. You can compliment specific features of the home, such as the kitchen design, the backyard landscaping, the quality of a renovation, or the neighborhood's walkability. You can express your appreciation for how well the seller has maintained the property. You can mention your plans for the home in property-focused terms, such as "I plan to preserve the original hardwood floors" or "The garden is exactly what I have been looking for."
Financial strength indicators are also appropriate and encouraged. Highlighting your pre-approval, your flexible closing timeline, or your willingness to accommodate the seller's moving schedule are all legitimate ways to strengthen your offer without touching on protected characteristics.
Best Practices for Agents
The National Association of Realtors advises agents to counsel their clients about fair housing risks associated with personal letters. Some brokerages have adopted policies that prohibit agents from delivering buyer love letters to sellers. If your agent discourages a personal letter, they are likely trying to protect both you and the seller from potential liability.
A Safer Approach to Standing Out
The most effective way to stand out is with strong financial terms: a competitive price, substantial earnest money deposit, clean contingencies, and a flexible timeline. These factors carry far more weight with most sellers than a personal letter ever could. When you do include a note, keep it brief and focused entirely on the property.
The OfferDraft offer letter generator is designed with fair housing compliance in mind. Its optional personal note field includes guidance on what to write and what to avoid, helping you make a strong impression without crossing legal lines.