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Should I write the seller a letter?
We want to put an offer on a home in a competitive area. I've heard mixed opinions on writing a "love letter" to the seller. Some people swear by them and say it's the reason they got the home. Others have said it could cause discrimination and we shouldn't write a letter.
If we write a letter, what details should we include and what should be leave out?
If we write a letter, what details should we include and what should be leave out?
Asked By Chelsea | San Jose, CA | 18 views | Buying | Updated 2 weeks ago
Answer(1)
Josephine & Raj Sharma
Legacy Homes Realty
Hi Chelsea, this is a great questions, you would need to have your agent or you contact the listing agent and ask if seller is open to this buyer letter or not. When us agents take the listing agreement by default it states NO buyer letters will be provided to seller, but seller can on their listing agreement check a box and let their agent know to bring the letter with offer.
This is what the California Listing agreement states about this:
BUYER SUPPLEMENTAL OFFER LETTERS (BUYER LETTERS):
(1) Advisory Regarding Buyer Letters: Seller is advised of the practice of many buyers and their agents to include a Buyer Letter with an offer to try to influence a seller to accept the buyer's offer. Buyer Letters may include photos and video. Whether overt or unintentional, Buyer Letters may contain information about a buyer's protected class or characteristics. Deciding whether to accept an offer based upon protected classes or characteristics is unlawful. Broker will not review the content of Buyer Letters. See C.A.R. Form FHDA for further information.
(2) (A) Seller Instructs Broker not to Present Buyer Letters whether submitted with an offer or separately at a different time. Seller authorizes Broker to specify in the MLS that Buyer Letters will not be presented to Seller.
OR (B) Seller Instructs Broker to Present Buyer Letters: If checked in paragraph 2F(2), Broker advises seller that: (i) Buyer Letters may contain information about protected classes or characteristics and such information should not be used in Seller's decision of whether to accept, reject, or counter a Buyer's offer; and (ii) if Seller relies on Buyer Letters, Seller is acting against Broker's advice and should seek the advice of counsel before doing so.
Hope this helps.
This is what the California Listing agreement states about this:
BUYER SUPPLEMENTAL OFFER LETTERS (BUYER LETTERS):
(1) Advisory Regarding Buyer Letters: Seller is advised of the practice of many buyers and their agents to include a Buyer Letter with an offer to try to influence a seller to accept the buyer's offer. Buyer Letters may include photos and video. Whether overt or unintentional, Buyer Letters may contain information about a buyer's protected class or characteristics. Deciding whether to accept an offer based upon protected classes or characteristics is unlawful. Broker will not review the content of Buyer Letters. See C.A.R. Form FHDA for further information.
(2) (A) Seller Instructs Broker not to Present Buyer Letters whether submitted with an offer or separately at a different time. Seller authorizes Broker to specify in the MLS that Buyer Letters will not be presented to Seller.
OR (B) Seller Instructs Broker to Present Buyer Letters: If checked in paragraph 2F(2), Broker advises seller that: (i) Buyer Letters may contain information about protected classes or characteristics and such information should not be used in Seller's decision of whether to accept, reject, or counter a Buyer's offer; and (ii) if Seller relies on Buyer Letters, Seller is acting against Broker's advice and should seek the advice of counsel before doing so.
Hope this helps.
- 5 days ago
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