Special offer

The Hand Written Letter in Richmond VA Real Estate

By
Real Estate Agent with RVA Home Team 0225195925

The Hand Written Letter in Richmond VA Real Estate

The Hand Written Letter in Richmond VA Real EstateSpring of 2013 was an amazing time in Richmond VA real estate. Rates were super low at approximately 3.25%, buyers were coming out of the wood work, and inventory was limited. This caused the perfect storm for multiple bid situations and homes selling for over asking price. So, how do you make your offer stand out?

A Letter from the Heart of the Buyer to the Seller

Some may suggest that a buyer write a personal, HANDWRITTEN note to the seller detailing why they should select their offer over the others. This is often a letter that pulls at the heartstrings and hopefully cuts through the business side of real estate and gets to the emotional attachment of the seller. If the seller raised children there they may just take a lower offer because a buyer wrote a note telling them how their daughter will make wonderful memories on the tire swing hanging from the beautiful oak tree and the seller has a flashback to pushing their own child back and forth on that same swing. This is the intention and I think well intentioned, however, is that FAIR? Is it LEGAL?

Does Writing a Handwritten Letter Violate Fair Housing Laws?

I am not a real estate attorney and can only offer my opinion and interpretation of the law. Does writing a handwritten note to the seller violate Fair Housing laws? In my opinion, a letter in itself does not violate Fair Housing. Yet, what is IN the letter may. In the example above, did the seller select this particular buyer due to familial status and not take a higher offer with better terms because that buyer was single? My belief is this is hard to prove, but if the non-selected buyer finds out about the letter they MAY have a case.

Although I once had a buyer write a handwritten letter, after some encouragement from a former broker, I stopped this practice after taking a class and hearing this could be a potential Fair Housing Violation. As I mentioned, I am not a lawyer but I am not going to take the chance.

How Do You Make Your Offer Stand Out from the Crowd?

So, if you don't write a letter how can you make your offer stand out from the crowd? With an offer the seller can't refuse! If you know you are in a multiple bid situation and this is THE home for you, go into the ring in fighting shape. If the comps support the asking price, you will at least want to offer the seller full price. If the home for sale is really popular, you may want to consider an escalation clause, which basically says you will go up $X over the the highest bid up to a capped price. (Example: I will pay $1,000 over the highest offer up to $280K.) In addition, make sure your terms are clean. If you can afford closing costs, don't ask for them. Make the inspection period short. (As your Richmond VA Realtor I NEVER encourage a buyer to skip the inspection. It is THAT important) You may also put in a clause that you will accept up to $X in inspection repairs. (Example: The buyer will not ask for any home inspection repairs unless they exceed $5,000.) Have your agent ask the listing agent what the sellers ideal closing date is and do your best to accommodate their needs and wants. Bottom line, give the seller no reason to turn you down or, at the very least, make it a very difficult decision for them!

RVA Home Team - Winning with Integrity

Winning doesn't mean much unless you came by it honest. As Miranda Lambert says in one of her songs, "it's only worth as much as the time put in." Those athletes who rack up the most home-runs by doping are not winners, they are cowards who didn't think they could win without bucking the system. 

We at the RVA Home Team want the best for our clients and we will do everything we can to either help them obtain the home of their choice or assist them in selling their property fast and for top dollar. We simply play by the rules and rely on our experience and skills to do the best job we can do. We ALWAYS win, even in the rare instance where our clients offer wasn't accepted, because we played fair and can walk away knowing we gave it our best shot!

What Do You Think?

We gave you our OPINION on the handwritten note. What is yours? Do you think it can be perceived as a Fair Housing Violation?

*Image courtesy of SimonHowden/freedigitalphotos.net 

Originally published at: http://www.rvahometeam.com/richmondvanews/hand-written-letter-richmond-va-real-estate/

 

Posted by

Shannon Milligan, Associate Broker/Realtor

RVA Home Team

Winning with Integrity

eXp Realty 

6802 Paragon Place #410, Richmond, VA, 23230

804-248-8207 (cell)

www.rvahometeam.com

 

 

 

Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Shannon, this is happening in markets receiving multiple offers and those heartfelt notes accompanying the offers do talk about single moms, multiple children, etc.   Great thoughts!

Sep 25, 2014 10:42 PM
Shannon Milligan, Richmond VA Real Estate Agent/Associate Broker
RVA Home Team - Richmond, VA
RVA Home Team - Winning with Integrity.

Sybil - It really can be confusing to keep each law straight and fair housing is a fine line.

Sep 25, 2014 10:42 PM
Shannon Milligan, Richmond VA Real Estate Agent/Associate Broker
RVA Home Team - Richmond, VA
RVA Home Team - Winning with Integrity.

Joan - It really is some food for thought as it COULD lead to a violation, in my opinion. 

Sep 25, 2014 10:43 PM
Anita Clark
Coldwell Banker Access Realty ~ 478.960.8055 - Warner Robins, GA
Realtor - Homes for Sale in Warner Robins GA

Shannon: I have only ever seen one of these types of letters and it actually offended the sellers who ended up taking another offer (although both were similar).

My advice to buyers...don't rely on a gimmick. If you really want the home, make sure your offer reflects it.

Sep 25, 2014 10:52 PM
Dorie Dillard Austin TX
Coldwell Banker Realty ~ 512.750.6899 - Austin, TX
NW Austin ~ Canyon Creek and Spicewood/Balcones

Good morning Shannon,

We do have to be mindful not to do anything to be construed to be in violation of the fair housing code. If a buyer writes a heartfelt letter it could work for or against them. The seller has the right to look at all offers and read all letters..I feel that is our job to allow them to see everything submitted. The home is their investment and they have the right to choose what offer works best for them. Sometimes it not all about the price...might be closing date or a any number of other things. It is a fine line..they know from our listing agreement they have to follow the rules of the fair housing guidelines. Good topic..thanks for bringing it up!  

Sep 25, 2014 10:53 PM
Shannon Milligan, Richmond VA Real Estate Agent/Associate Broker
RVA Home Team - Richmond, VA
RVA Home Team - Winning with Integrity.

Anita - That is a good point as well, it certainly can work against the buyer as well. I agee, go in with your best foot forward

Dorie - It really is a fine line. I simply don't encourage the practice anymore. If a buyer comes up with it on their own, then I would have to see. An agent once told me how their client had selected one offer over another and it was because they loved the letter that went with it describing how their kids would grow up there. This agent also informed me the other offer had the same terms but was for thousands of dollars more. 

Sep 25, 2014 11:00 PM
Roy Kelley
Retired - Gaithersburg, MD

This is very good information for home buyers as they face multiple contract competition.

I took the extra moments to 'like' the comments on this blog. I hope that others will do the same.

Sep 25, 2014 11:04 PM
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

Hello Shannon, I have been getting more letters this year with contracts and more sellers going with the ones that have a letter.  Do not know if it is right but more buyers are getting tried of not getting homes so they are trying this.  (Sorry I did not mention you in my blog today, you are a true friend)

Sep 25, 2014 11:36 PM
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Good morning Shannon.  I have never had a client leave a handwritten for the other party.  Well except instructions on how things work around the home after we are under contract. 

Sep 25, 2014 11:48 PM
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Nothing wrong with a handwritten note to the seller.  Though I see where there could be Fair Housing law violations if the agent is aware of improper references in the note.  It might be wise to mention the subject and have all parties aware of the issue.

Sep 26, 2014 09:38 PM
Patricia Feager, MBA, CRS, GRI,MRP
DFW FINE PROPERTIES - Flower Mound, TX
Selling Homes Changing Lives

Shannon,

This is excellent advice and good advice. I hope it gets the feature it deserves. Not long ago, I was working with buyers who insisted I include their letter to the Seller with their offer. At the time, theirs was the only offer on the table. When I read the letter, I thought it wasn't necessary and they were trying to hard to sell the seller on why their offer should be accepted, plus they included personal information, including a picture of themselves taken at Christmas time which again, in my professional opinion was too much information. Yet they insisted I should submit the offer with their letter and picture. Their offer was rejected without reason. I wondered about Fair Housing at that time and still think about it from time to time.

 

Sep 26, 2014 09:44 PM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Shannon, you bring up very good points and I do believe that the 'contents' of a letter can violate Fair Housing....I have seen some that are very questionable and what is said by the sellers could be an issue.

Sep 26, 2014 09:50 PM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Shannon. I receive handwritten notes all the time from folks that are interested in purchasing homes that I own. They get my attention when they let me know they appreciate the work that was done. How could that not influence me?

Make it a great weekend!

Sep 26, 2014 11:38 PM
Suzanne De Vita
RISMedia
Online Associate Editor

Shannon, what a great blog! I can see how this might be open to interpretation. As with all things real estate, it really depends on each unique situation. These are fantastic tips to stand out among multiple bids. I hope you get featured!

Sep 28, 2014 11:58 PM
Grant Schneider
Performance Development Strategies - Armonk, NY
Your Coach Helping You Create Successful Outcomes

Shannon - I think a handwritten letter is great.  The content should not suggest things that violate Fair Housing.

Oct 05, 2014 09:34 AM
Lisa Perry - NMLS # 276329
FHA, VA, Jumbo, Downpayment Assistance, Conv. - Fairfax, VA
Northern VA - VHDA, 100% Loans - Jumbo Loans

This is a very interesting topic.  I would like to know if the law covers this type of action.

Oct 05, 2014 11:43 AM
Shannon Milligan, Richmond VA Real Estate Agent/Associate Broker
RVA Home Team - Richmond, VA
RVA Home Team - Winning with Integrity.

Roy - Thank you!

Will - Aw thanks! You too are a great friend! Yes, I think the letters can be very effective, it is just is what is in the letter violating any fair housing laws? It is a fine line.

John - I once did a deal with another agent in my old brokerage and the broker told me to have my clients write a handwritten note because the broker knew the listing agent liked those and we were in multiple bid. It wasn't until later that I thought about the idea of a fair housing violation.

Gabe - I think a letter is wonderful as long as the content is not discussing familial status and such. And, too often it does. "I can imagine my 7 year old daughter splashing in the swimming pool"...that is questionable to me as a seller MAY pick them over a buyer who doesn't have kids. 

Patricia - Wow! You never know, maybe the seller discriminated on religious reasons as maybe they didn't participate in Christmas. 

Ginny - I think a generic letter is okay but one really has to be careful in what they write. I think it may be best to just make your most attractive offer and send a letter when the transaction is done if you really want to make a connection.

Joe - And that is the problem...if you are influenced by one person over another because of something like race, religion, familiar status. I too love a personal letter but I find the line too light with the letters going along with offers.

Suzanne - Thank you! Handwritten notes have their place in business, I just think one should think twice about sending one with an offer. As Patricia mentioned in her comment, it could backfire. 

Grant - True!

Lisa - I don't think there is a law on a handwritten letter but the law is clear on Fair Housing and if one mentions anything to distinguish a race or religion then that is a violation.

 

 

 

 

 

 

 

Oct 05, 2014 11:16 PM
Will Nesbitt
Nesbitt Realty at Condo Alexandria - Alexandria, VA
Nesbitt Realty is a family-run brokerage.

Immediately contact Shannon Milligan at (804) 248-8207 with Jefferson Properties for Richmond Virginia Real Estate needs.

Oct 06, 2014 06:49 AM
Gordon Wood
Canyon Ridge Realty LLC - Scottsdale, AZ
480.226.2842

Thanks for the read, This article brings a great marketing tip as well, hand written live stamp first class mail work wonders,

Cheers

Oct 09, 2014 05:21 PM
Shannon Milligan, Richmond VA Real Estate Agent/Associate Broker
RVA Home Team - Richmond, VA
RVA Home Team - Winning with Integrity.

Will - Thank you!

Gordon - Yes, I love sending my clients a handwritten letter so they get something personal instead of just bills. I just question the use of a buyer giving one to a seller to accept their offer.

Oct 10, 2014 06:05 AM