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 1924302 March 4, 2026
News headlines can be misleading, and real estate news is no exception. Lately, you may have seen headlines warning that home contract cancellations have surged to a “record high” and are at their highest level since 2017. If you’re thinking about buying or selling, that might sound like something you should be concerned about. As a seller, it might make you wonder whether it’s going to be difficult — or even impossible — to get your house sold. As a buyer, you might question whether other buyers are sensing something you’ve missed and start second-guessing your decision. Or maybe you see it as a positive sign that the market is finally shifting back in favor of buyers. But before jumping to any conclusions, let’s take a closer look at what the data actually says so you have some real perspective. Let’s Put the Numbers in Context… Many of the articles reporting on this point back to a recent report stating that nearly 1 in 7 homes are falling through, which is a record for this time of year. In January 2026, 13.7% of pending home sales fell through, which is indeed the highest percentage of cancellations since January 2017. However, that’s only a 0.6 percentage point increase compared to last January, and a 2.7 percentage point increase compared to January 2017. For even more perspective, consider that during the ultra-competitive pandemic market — when homes were receiving multiple offers within days and buyers were waiving contingencies left and right — contracts still fell apart. Cancellations happen in hot markets. They happen in slow markets. They happen in balanced markets. So yes, technically speaking, the headlines are true. But when you look at the numbers in context, it’s far less dramatic than it may initially sound. What Does a “Cancellation” Actually Mean? Before reading too much into the word cancellation, it helps to understand what that actually means in real estate terms. A cancellation simply means a pending contract didn’t make it all the way to closing. And that can happen for a wide range of reasons. For instance: A buyer might get cold feet. Inspection issues may cause one party to walk away. Financing can fall through. An appraisal might come in lower than expected. Or personal circumstances — like a job loss or health issue — can change someone’s plans. In other words, not every cancellation is some dramatic signal about the overall housing market. And when a contract falls through, that doesn’t automatically mean the house won’t sell at all. In many cases, another buyer steps in. Sometimes it’s the person whose offer was originally beaten out in a multiple-offer situation. Other times it’s a completely new buyer who comes along once the home returns to active status. For sellers, a cancellation can certainly be frustrating, but it’s rarely the end of the road. And for buyers, it’s not evidence that “everyone else knows something you don’t.” It’s just something that happens to a certain percentage of real estate transactions each and every day, week, month, and year. Why Local Context (And Your Agent) Matter Most Because cancellations are a normal part of the process, the real question isn’t whether they happen… it’s whether they’re likely to happen to you, and how you handle it if it happens. National headlines talk in broad percentages. But real estate market conditions can vary significantly from one city to another, from one neighborhood to the next, and even between different price points within the same town. An experienced local agent can give you perspective on what’s happening specifically in your market, not just what’s happening nationally. More importantly, a good agent can often help reduce the likelihood of a contract falling through in the first place. That might mean properly vetting a buyer’s financing, structuring smart contingencies, pricing strategically, anticipating appraisal challenges, or identifying potential red flags early. But most importantly, when a cancellation does happen (and sometimes it will), an experienced agent can help you stay calm and make rational decisions instead of emotional ones. The Takeaway: According to recent headlines, real estate contract cancellations are at their highest January level since 2017. However, while that might sound alarming, it’s only a 0.6 percentage point increase compared to last January, and a 2.7 percentage point increase compared to January 2017. While those claims are factually correct, cancellations are a normal occurrence, and the increases are not as drastic as they may sound. Headlines are designed to grab attention. Before letting a headline impact whether you decide to buy or sell a home, make sure you’re looking at the full picture — ideally with a local agent who understands how it applies to you locally.
By KCM March 1, 2026
The Price You Set Can Make (or Break) Your Sale There’s one decision you're going to make when you sell that determines whether your house sells quickly, or it sits. Whether buyers make an offer, or scroll past it. Whether you walk away with the maximum return, or you end up cutting the price later. And that’s your asking price . The #1 Mistake Sellers Make Today: Trusting the Wrong Number If you’re thinking of moving and trying to figure out what your house may sell for, it’s tempting to start with an online home value tool. They’re fast, free, and easy. And you don’t have to talk to anyone. But here’s the problem: they don’t know your house. And that can be a bigger drawback than you realize. Where Online Estimates Fall Short Online tools often lag behind the market. They look in the rearview mirror, relying on closed sales and delayed information. And in that sense, they’re using incomplete data . That’s not a miss in how these systems are built. Some information just isn’t available online. Bankrate explains: “ While these tools can be a useful starting point, keep in mind that they typically do not provide the most accurate pricing. Algorithms can only rely on the information available; they can’t account for things like a home’s condition or renovations made since the last public information was updated.” They can’t see: The unique features that make your house special All the work you’ve put in to keep it in good condition Or, how in-demand your specific neighborhood is right now So, while they may do a good job in some cases, they can’t be as accurate as a local agent who has boots on the ground day in and day out. In a market where buyers have more options, a seemingly small margin of error can cost you thousands if you price too low, or weeks of lost momentum and time if you price too high. If you want to sell for the most money and in the least amount of time, you don’t want the fast answer on how to price your house. You want the right one. That’s why the savviest homeowners today don’t rely on algorithms when it actually matters. They rely on people, specifically trusted local agents. What an Expert Agent Brings to the Table According to 1000WATT , sellers overwhelmingly believe real estate agents have the best sense of a home’s true value, far more than any automated tools. That confidence isn’t accidental. As Bankrate puts it: “A professional appraiser or real estate agent can visit the home in person, assess the neighborhood as a whole as well as the individual property, perform more thorough market research, and consider subjective details.” And those details matter. A skilled local agent doesn’t just pull reports. They know what’s happening right now: What buyers are paying this month, not last month, or even last year How your home compares to the current competition in your neighborhood Which features add value based on what buyers are willing to pay for today How to price your house to create urgency in this market And once an agent steps foot in your house, they may even find your online estimate undershot your value. So, if you stuck with the estimate you got online, you’d actually be leaving money on the table. And no one wants that. Bottom Line While online tools can give you a rough starting point, only a local expert can give you a price that actually works. If you want to know the right number for your house, not just the easiest one to find, let’s talk.
By KCM February 27, 2026
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