The Problem of Love Letters and Implicit Bias

A certain element of the homebuying process that sometimes crops up, especially in competitive markets, is the homebuyer love letter. This isn’t actually a declaration of love, except possibly for the home they’re trying to buy. A love letter is simply a personalized note included with an offer in an attempt to connect to the seller on an emotional level. Sellers respond to this variously, and may simply ignore them if they’re receiving them constantly.

But the major issue with love letters isn’t the question of their effectiveness. The problem is why they have the ability to be effective. If a seller has a reaction to a love letter — whether positive or negative — and uses this in their decision of which offer to select, it means they’re biased based on some personal detail of the buyer. Most of the information a buyer would provide doesn’t have protected status, but if it does, the seller could be sued for discrimination. Of course, it’s very difficult to prove exactly why the seller accepted one offer over another, so this rarely actually happens even if the buyer suspects discrimination. But this is exactly why some states have banned love letters, or, in the case of Oregon, are trying to ban them.

Photo by Diana Light on Unsplash

More: https://journal.firsttuesday.us/a-dear-john-to-homebuyer-love-letters/84132/