Focus on WHAT Your Buyer’s Offer Is, Not WHO They Are When Selling Your House (Unless You Want a Lawsuit)

The Lighter Side of Real Estate • June 9, 2023

There can be some emotional attachment when people sell a house, since it was usually the person’s home. So it’s understandable that a homeowner might want to know that the buyer is someone who’s going to love and appreciate their home moving forward, which is why many buyers have written so-called “love letters” to go along with their offers over the years.

The “love letters” aren’t just objective data and facts; they’re a peek into who the potential buyer really is and are written in hopes of swaying the seller to accept their offer by tugging at their heart strings. Sometimes it’s to give them an edge when there are other offers to consider, or it could be to convince the owners to take an offer they’d otherwise balk at due to a less than desirable price, contingencies, or terms.

But those letters have come under scrutiny in the past few years. Oregon went as far as banning them in 2021, because they were trying to prevent discrimination which can occur when a seller considers who the buyer is, rather than just the price and terms being offered. A federal court ended up ruling the ban to be a violation of First Amendment rights, so they’re legal again, but it’s a good reminder to think about how easy it can be for someone to cross the fine line into discrimination.

You might be the most accepting, unbiased person in the world, but there’s always that chance that the human tendency to identify with someone could sway your judgment. And sadly, there are still home sellers out there who would deliberately choose to discriminate against someone who wants to buy their house because they’re different from them — even if it’s the best offer.

But discriminating against a buyer because of who they are isn’t just morally wrong, it’s illegal.

What Can’t You Discriminate Against?

To keep it as simple as possible, the only things you should be considering about a buyer are the price and terms they’re offering. Are they acceptable to you or not? If you have multiple offers to consider, are they the best price and terms out of all of the other offers? That’s the simplest way to avoid even the possibility of discriminating against a buyer.

But it’s not always possible to be completely unaware of who the buyer is. For instance, sometimes you meet them or see them when they come to look at your house. Or they submit a letter with personal details, as mentioned above.

In case you do get to know who your potential buyer is, you should know that The Fair Housing Act makes it illegal for you to discriminate against anyone based upon their:

  • Race
  • Color
  • Religion
  • Sex (including gender identity and sexual orientation)
  • Disability
  • Familial status
  • National origin

Those are the protected classes on the federal level, but many states have even broader laws.

Discrimination Isn’t Just Wrong, It Can Cost You…

Making a discriminatory decision isn’t just wrong to do, it can have legal and financial consequences.

If you’re found to have violated the Fair Housing Act by the US Department of Housing and Urban Development (HUD), among other things, you can be ordered to:

  • Compensate the victim for actual damages, out-of-pocket expenses, and emotional distress damages.
  • Pay their attorney’s fees.
  • Pay a fine of between $16,000 and $65,000, depending on the number and frequency of your violations.

In addition to HUD, the person you discriminated against can bring a civil suit against you to pursue further damages and costs.

Your Real Estate Agent Can Help You Stay Out of Trouble

Every real estate agent should be very much aware of the Fair Housing Act and make sure you don’t violate it. But if you hire an agent who’s willing to help you ignore it or violate it, you’re asking for trouble.

While all agents have their own way of doing things, if you want to avoid any hint of discrimination, you might ask your agent to only divulge the objective facts about the offers you receive.

The Takeaway:

Discriminating against a buyer because of who they are isn’t just wrong, it’s illegal when selling your house. The Fair Housing Act makes it against the law to let anyone’s race, color, religion, sex, disability, familial status, or national origin impact whether or not you accept their offer.
To avoid any hint of discrimination, focus on what the buyer’s offer is — the price, terms and contingencies — and not who they are.


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By KCM January 11, 2026
Is January the Best Time To Buy a Home? You may not want to put your homebuying plans into hibernation mode this winter. While a lot of people assume spring is the ideal time to buy a house , new data shows January may actually be the best time of year for budget-conscious buyers. Kind of surprising, right? Here’s why January deserves a serious look. 1. Prices Tend To Be Lower This Time of Year Lending Tree says January is the least expensive month to buy a home. And there’s something to that. January has historically offered one of the lowest price-per-square-foot points of the entire year. But the spring? That’s when demand (and prices) usually peak. And that’s not speculation – it's a well-known trend based on years of market data. So, how much less are we talking? Here’s a look at the numbers. According to the last full year of data, for the typical 1,500 square foot house, buyers who closed on their home in January paid around $23,000 less compared to those who bought in May. And that general trend typically holds true each year (see chart below): Now, your number is going to depend on the price, size, and type of the home you’re buying. But the trend is clear. For today’s buyers, it's meaningful savings, especially when affordability is still tight for so many households. 2. Fewer Buyers and More Motivated Sellers And why do buyers typically save in the winter? It’s simple. Winter is one of the slowest times in the housing market each year. Both buyers and sellers tend to pull back, thinking it’s better to wait until spring. And that means: You face less competition You’re less likely to get into a multiple offer scenario Sellers are more willing to negotiate (since there aren’t as many buyers) With fewer buyers in the market, you can take your time browsing. But winter doesn’t just thin out the pool of buyers, it also reveals which sellers truly need to sell. Because fewer people are house hunting during the colder months, sellers who really need to move tend to be more open to negotiating. As Realtor.com explains: “Less competition means fewer bidding wars and more power to negotiate the extras that add up: closing cost credits, home warranties, even repair concessions. . . these concessions can end up knocking thousands of dollars off the price of a home.” This can include everything from price cuts to covering closing costs, adjusting timelines, and more. It doesn’t mean you’ll automatically get discounts on every home. But it does mean you’re more likely to be taken seriously and given room to negotiate. Should You Wait for Spring? Here’s the real takeaway. When you remove the pressure and frenzy that comes with the busy spring season, it becomes much easier to get the home you want at a price that fits your budget. But if you wait until spring, more buyers will be in the market. So, waiting could actually mean you spend more and you’d have to deal with more stress. Now, only you can decide the right timing for your life, but don't assume you should wait for warmer weather before you move. Buying in January gives you: less competition , potentially lower prices , and more motivated sellers . And those are three perks you’re not going to see if you wait until spring. Bottom Line If you’ve been thinking about taking the next step, this season might give you more opportunity than you think. Curious what buying in January could look like for you? Let’s take a closer look at your numbers and the homes that are available in our area.
By KCM December 27, 2025
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By The Inner Circle December 15, 2025
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