3 minute read
October Luncheon with Josh Flagg
Greater DAOR REALTOR Award Recipients
Affiliate of the Year
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Andy Zuloaga, Farmers Insurance Rowena Dominguez, C12 Peak
2021
Chairperson of the Year
Distinguished Service Award
Mario Acevedo, Keller Williams Socal
Influencer of the Year
Natalie Romo, Excellence RE
Volunteer of the Year
Anthony Amodeo, Excellence Real Estate
BUYER’S LETTERS. WHAT’S THE FUSS? The Legal Department at NAR, the Legal Department at CAR and the Association’s Legal Counsel all recommend against agents assisting buyers writing what have become known as “Buyer’s Love Letters.” The State of Oregon has even passed a questionable law banning them. Why? What is the concern? In a phrase Implied Bias. It is well known that Federal Law, State Law, and the NAR Code of Ethics provide that real estate professionals must treat all persons equally when providing services related to housing. Although there have been shocking examples of intentional discrimination most licensees are careful to avoid discriminating. Hate speech of all kinds, steering, unequal services, and advertising are generally easy to spot and punish. What is more difficult is what has become known as implied or implicit bias. Thoughts, images, and assumptions based upon experiences, training and perceptions are much more difficult to pinpoint. The State of California has now signed into law a bill that will require real estate brokers and agents to get Implied Bias training, commencing on January 1, 2023.
What does any of this have to do with Buyer Love Letters? In a word perception. Although there is nothing currently unlawful about these letters they are often riddled with implied discrimination. Often, they are accompanied by a photo. Sometimes the seller will request a photo or a driver’s license. Many times, the letter will refer to the buyer’s cultural or generational belonging to a neighborhood. Veiled refences to fitting in, children, health, religion, or other language may give the impression I am white enough, healthy enough, religious enough or in some other way more suitable than those who do not “fit in.” These statements, many times made innocently, may lead to a perception that housing bias/ discrimination is being practiced.
In order to avoid getting into serious difficulty an agent needs to be very upfront with clients regarding Fair Housing. The Listing Agreement has a place in it that speaks to the Letters. Have a conversation with your clients regarding why the receipt of a Buyer Letter could pose a potential Fair Housing issue. Explain to your buyers why a letter that may infer a Fair Housing issue could lead to complications and strongly suggest that anything other than financial information could become an issue. Explain your unwillingness to participate in the exchange. Review the CRMLS rules and the assistance available, including what you may want to include in Private Remarks. CAR has a Fair Housing site, Quick Guides, and a Fair Housing Advisory. The State’s Department of Fair Housing has a booklet for housing providers with a group of suggested Best Practices. ALWAYS be careful whenever dealing with these sensitive issues. This is a front burner issue. If handled correctly you should not have any problems.
