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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Should You Still Expect a Bidding War?

By KCM • September 16, 2025
Should You Still Expect a Bidding War? If you’re still worried about having to deal with a bidding war when you buy a home, you may be able to let some of that fear go. While multiple-offer situations haven’t disappeared entirely, they’re not nearly as common as they used to be. In fact, a recent survey shows agents reported only 1 in 5 homes (20%) nationally received multiple offers in June 2025 . That’s down from nearly 1 in 3 (31%) just a year ago – and dramatically lower than in June 2023 (39%) (see graph below): This trend means you should face less competition when you buy. That gives you more time to make decisions and the ability to negotiate price or terms. It Still Depends on Where You’re Buying Of course, national trends don’t tell the full story. Local dynamics matter, a lot. This second graph uses survey data from John Burns Research & Consulting (JBREC) and Keeping Current Matters (KCM) to break things down by region to prove just how true that is. It shows, while the share of homes getting multiple offers has dropped pretty much everywhere, some areas are still seeing more offers than others: In the Northeast, 34% of homes (roughly 1 in 3) are still receiving multiple offers. That’s more than the national average. But in Southeast , that number drops to just 6%. What’s behind the difference? In general, the areas still seeing bidding wars tend to have lower-than-normal inventory . That imbalance between buyers and available homes keeps pressure on prices and competition. But markets with more listings are seeing conditions cool – and that means fewer bidding wars. Sellers Are More Flexible Than You Might Think Here’s another shift to show you just how much things have changed. According to a Redfin report, almost half of sellers are offering concessions, like covering their buyer’s closing costs or dropping their asking price to get their house sold. That’s a clear sign this isn’t the same ultra-competitive market we saw a few years ago. Back then, sellers rarely compromised. And buyers often waived their inspection or appraisal to try to make their offer stand out. Now, things are different. But again, how often this is happening is going to vary based on where you’re looking to buy. And that’s why you need a local agent’s expertise. Bottom Line If concerns about bidding wars have been holding you back, it may be time to take another look. Nationally, competition is down. In some markets, it’s down significantly. And with more sellers offering concessions, buyers today have more power and flexibility than they’ve had in a long time. Want to find out what the market looks like where you’re buying? Let’s connect.

History Shows the Housing Market Always Recovers

By KCM • September 15, 2025
History Shows the Housing Market Always Recovers Now that the market is slowing down, homeowners who haven’t sold at the price they were hoping for are increasingly pulling their homes off the market. According to the latest data from Realtor.com, the number of homeowners taking their homes off the market is up 38% since the start of this year and 48% since the same time last June. For every 100 new listings in June, about 21 homes were taken off the market. And if you’ve made that same choice, you’re probably frustrated things didn’t go the way you wanted. It’s hard when you feel like the market isn’t working with you. But while slowdowns can be painful in the moment, history tells us they don’t last forever. History Repeats Itself: Proof from the Past This isn’t the first time the housing market has experienced a slowdown. Here are some other notable times when home sales dropped significantly: 1980s: When mortgage rates climbed past 18% , buyers stopped cold. Sales crawled for years. But as soon as rates came down, sales surged back, and the market found its footing again. 2008: The Great Financial Crisis was one of the toughest housing downturns in history. Sales and prices both dropped hard. Still, sales rebounded once the economy recovered. 2020: During COVID, sales disappeared overnight, and many people had to put their plans on hold. Yet the recovery was faster than anyone expected, with a surge of buyers re-entering the market as soon as restrictions eased. The lesson is clear: no matter the cause, the market always rebounds. Today’s Situation: Where We Stand Now Over the past few years, home sales have been sluggish. And one big reason why is affordability. Mortgage rates rose at a record-breaking pace in 2022, and home prices were climbing at the same time. That combination put buying out of reach for many people. And when demand slows, home sales do too. The Outlook: Why Things Will Improve But here’s the encouraging part. Forecasts show sales are expected to pick up again moving into 2026. Last year, just about 4 million homes sold (shown in gray in the graph below). And this year is looking very similar (shown in blue). But the average of the latest forecasts from Fannie Mae , the Mortgage Bankers Association (MBA), and the National Association of Realtors (NAR) show the experts believe there will be around 4.6 million home sales in 2026 (shown in green). And a big reason behind that projection is the expectation that mortgage rates will come down a bit, making it easier for more buyers to jump back in. That means what’s happening now is part of a cycle we’ve seen before. Every slowdown in the past has eventually given way to more activity, and this one will too. Just like the 1980s, 2008, and 2020, today’s dip in home sales is temporary. What That Means for You If you’ve paused your moving plans, you did what you thought was right. Your frustration is valid. But it’s also important to remember the bigger picture. Housing slowdowns don’t last forever. That’s where your local real estate agent comes in. Their job is to keep a close eye on the market for you. When the first signs of a rebound appear, they’ll help you spot the shift early so you can relist with confidence. Bottom Line If today’s housing market feels stuck, remember it’s never stayed down for good. Slowdowns end, activity returns, and people get moving again. So, let’s connect, because when the next wave of buyers shows up, you won’t want to miss it. As activity picks up again, will you be ready to put your house back on the market, or do you need to move sooner?

Thinking About Renting Your House Instead of Selling? Read This First.

By KCM • September 13, 2025
Thinking About Renting Your House Instead of Selling? Read This First. If your house is on the market but you haven’t gotten any offers you’re comfortable with, you may be wondering: what do I do if it doesn’t sell? And for a growing number of homeowners, that’s turning into a new dilemma: should I just rent it instead? There’s a term for this in the industry, and it’s called an accidental landlord . Here’s how Yahoo Finance defines it: “These ‘accidental landlords’ are homeowners who tried to sell but couldn’t fetch the price they wanted — and instead have decided to rent out their homes until conditions improve.” Why This Is Happening More Often Right Now And right now, the number of homeowners turning into accidental landlords is rising. Business Insider explains why: “While there have always been accidental landlords . . . an era of middling home sales brought on by a steep rise in borrowing rates — is minting a new wave of reluctant rental owners." Basically, sales have slowed down as buyers struggle with today’s affordability challenges. And that’s leaving some homeowners with listings that sit and go stale. And if they don't want to drop their price to try to appeal to buyers, they may rent instead. But here’s the thing you need to remember if renting your house has crossed your mind. Becoming a landlord wasn’t your original plan, and there’s probably a reason for that. It comes with a lot more responsibility (and risk) than most people expect. So, if you find yourself toying with that option, ask yourself these questions first: 1. Does Your House Have Potential as a Profitable Rental? Just because you can rent it doesn’t mean you should. For example: Are you moving out of state? Managing maintenance from far away isn’t easy. Does the home need repairs before it’s rental-ready? And do you have the time or the funds for that? Is your neighborhood one that typically attracts renters, and would your house be profitable as one? If any of those give you pause, it’s a sign selling might be the better move. 2. Are You Ready To Be a Landlord? On paper, renting sounds like easy passive income. In reality, it often looks more like this: Midnight calls about clogged toilets or broken air conditioners Chasing down missed rent payments Damage you’ll have to fix between tenants As Redfin notes: “Landlords have to fix things like broken pipes, defunct HVAC systems, and structural damage, among other essential repairs. If you don’t have a few thousand dollars on hand to take care of these repairs, you could end up in a bind.” 3. Have You Thought Through the True Costs? According to Bankrate, here are just a few of the hidden costs that come with renting out your home: A higher insurance premium (landlord insurance typically costs about 25% more) Management fees (if you use a property manager, they typically charge around 10% of the rent) Maintenance and advertising to find tenants Gaps between tenants, where you cover the mortgage without rental income coming in All of that adds up, fast. While renting can be a smart move for the right person with the right house, if you’re only considering it because your listing didn’t get traction, there may be a better solution: talking to your current agent and revisiting the pricing strategy on your house first. With their advice you can rework your strategy, relaunch at the right price, and attract real buyers to make the sale happen. Bottom Line Before you decide to rent your house, make sure to carefully weigh the pros and cons of becoming a landlord. For some homeowners, the hassle (and the expense) may not be worth it.
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