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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3 Things That Are Not Going To Happen in Today's Housing Market

By KCM • May 17, 2026
3 Things That Are Not Going To Happen in Today's Housing Market There’s a lot of uncertainty right now and that’s leading to some dramatic headlines. And if you’re thinking about buying a home, that can make you feel a little less sure about your decision. A recent study by CNBC asked homebuyers what they’re most worried about, and three themes kept coming up again and again: Mortgage rates The number of homes for sale Home prices But a lot of what you may be hearing on those is based more on misconceptions. Not facts. So, let’s break it down and separate fact from fiction. Misconception #1: “I’ll Just Wait, Because Mortgage Rates Are Going To Fall Dramatically” One idea doing its rounds on social is that mortgage rates are going to drop dramatically soon. So, it’s better to wait to buy. But is that really what’s expected? While mortgage rates have come down a bit in the last few weeks, forecasts don’t show a major drop ahead. The most likely scenario is that rates stay somewhere in the low 6% range this year. And that’s not a big change from where rates are now (see graph below): Of course, this depends on where inflation and the economy go from here. But, based on what we know today, waiting for a big drop in rates may not work out the way some people hope. As U.S. News explains: “Mortgage rates aren't expected to change much over the next several quarters . . .” Not to mention, even with rates where they are today, it’s already more affordable than a year ago. So, even if they don’t change much, it’s still better than it was. Misconception #2: "There Are Too Many Homes for Sale Right Now” You’ve probably heard inventory is up. And nationally, it is. The number of homes for sale is 8% higher than this time last year. But that's not a bad thing. In fact, it’s one of the reasons buyers have a bit more breathing room right now. The problem is the headlines are making something good, sound bad. They’re focusing on how this is the most inventory we’ve had since 2019 or how many homes builders are building. And that can make it sound like the number of homes for sale is rising too far, too fast. But that’s not what the bigger picture shows. Data from Realtor.com proves that, even though inventory is up compared to last year, it’s still nearly 14% lower than it was during the last normal housing market (2017-2019): While it can vary a lot based on where you live, only 9 states have more inventory than pre-pandemic today. That’s a key reason why there still aren’t enough homes for sale to trigger something like the crash back in 2008. Misconception #3: “Home Prices Are About To Crash” You’ve probably seen this one, too. The confusion is coming from the fact that some metros are experiencing slight price declines. And influencers are running with that and saying prices are crashing. But that’s not the reality. Most areas are seeing prices rise, not fall. And that’s because: Many homeowners aren’t selling because they don’t want to give up the low mortgage rate they locked in a few years ago. And that’s keeping a lid on how much inventory can grow. Since inventory is still below pre-pandemic norms, there aren’t enough homes for sale to cause a price crash. And even in markets with more inventory, some sellers are choosing to pull their homes off the market instead of cutting prices. And those are 3 big reasons prices aren’t headed for a crash. And even in the markets experiencing mild declines , the drops aren’t enough to cancel out the big gains most homeowners have seen in the last 5 years (see graph below): That’s not a crash. That’s just prices moderating after a few record-breaking years. Bottom Line Online posts are going to make things sound worse than they are. If you want a true, data-bound look at what’s really happening in today’s market, lean on a real estate agent. Let’s connect so you have someone to separate fact from fiction today.

More Options Are Popping Up This Spring

By KCM • May 15, 2026
More Options Are Popping Up This Spring Did you try to buy a home last year, but you ended up pressing pause? Maybe you couldn’t find a home that really fit your needs. Or maybe the ones you liked just weren’t affordable. According to a recent survey from NerdWallet, those were the top two reasons buyers gave up on their search in 2025. But this Spring, there's one trend that could help fix both of those frustration points: more homes are hitting the market. The Number of Fresh Listings Is Almost 2x Higher Than a Few Months Ago Data from Realtor.com shows there are nearly 2x as many new listings hitting the market today as there were just 3 months ago. Those are homes the seller just put up for sale ( see graph below): That’s a significant rise. And while we usually see an uptick as we head into the busiest time of the year, this increase was bigger than normal. Jake Krimmel, Senior Economist at Realtor.com, explains : “ New listings jumped 21.2% from February to 439,000, a larger-than-typical seasonal surge . . . March typically sees the biggest month-over-month jump in new listings of the entire buying season, averaging an 18% increase since 2017; this year it exceeded 20%.” That means more sellers are jumping back into the market, and that’s giving buyers more fresh options to choose from. So, if you’d felt like you’d seen everything out there and still nothing was quite right, this may be your moment. With that many “just listed” homes, one of them could be exactly what you’ve been searching for. Where You Have More Options And this trend is happening across most of the country, so you should have more options pretty much whereever you are. Earlier this year, the Northeast had fewer new listings because winter storms delayed sellers from putting their homes on the market. But now, that region is catching up fast. In March, new listings jumped across nearly every state, especially in the Northeast, helping drive a strong national rebound. What Rising Inventory Means for You Right now, there are almost a million homes for sale nationwide. That’s up over 8% compared to last year. With that many homes on the market, there’s a much better chance something will fit what you’re looking for, especially with so many fresh options being added right now. As Odeta Kushi, Deputy Chief Economist at First American, explains : “One of the most encouraging signals heading into the spring home-buying season is the improvement in for-sale inventory levels compared with last year. . . More homes on the market give buyers greater choice and, combined with improved buying power, expand the range of homes they can realistically consider. ” In other words, your search may feel very different this year. Bottom Line More fresh listings are hitting the market right now, and that’s creating real opportunity. If you put your search on hold last year, this Spring may be the time to jump back in. Let’s take a look at what just hit the market and see what could work for you.

The 10 Best Markets for First-Time Buyers This Spring

By KCM • May 14, 2026
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