When selling your house, it is important to focus on the buyer’s offer rather than who they are. It is natural to have an emotional attachment to your home. However, considering the buyer’s personal characteristics or preferences can potentially lead to discrimination, which is illegal.
Some buyers may write “love letters” to appeal to the seller’s emotions. Thereby hoping to increase their chances of acceptance. However, regulatory bodies have subjected these letters to scrutiny and, in some cases, banned them to prevent discrimination. For various reasons, I have refrained from sharing these letters with my clients until after an offer was accepted. I explain to my clients that it is essential to focus solely on the price and terms of the buyer’s offer to avoid discrimination. Consider whether the offer is acceptable and competitive compared to other offers rather than who the buyer is as an individual. The Fair Housing Act prohibits discrimination based on factors such as race, color, religion, sex, disability, familial status, and national origin.
Engaging in discriminatory practices can have serious legal and financial consequences. Violating the Fair Housing Act can result in orders to compensate the victim for damages, pay attorney’s fees, and fines ranging from $16,000 to $65,000. The discriminated party can also pursue further damages and costs through a civil suit.
To ensure compliance with the law, work with a real estate agent who is well-versed in the Fair Housing Act. Communicate with your agent about disclosing only objective facts about the offers received, thereby minimizing the risk of discriminatory practices.
In summary, when selling your house, it is important to focus on the buyer’s offer rather than their personal characteristics. By prioritizing the offer’s price, terms, and contingencies, you can avoid any hint of discrimination and comply with the law.
