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In a situation like yours, I would definitely consider putting at least part of your property in a conservation easement. Unfortunately this can really reduce the pool of potential buyers, but they would be folks who had the same interests in the land and nature that you do.
I don't think that much restriction is necessary and would probably be onerous, but we have put some of the property in open space tax status.... it's wetland and flood plain down there and unbuildable, so good to not be taxed on it, but we're not limited from mowing and keeping trails open on it, or from using it as pasture for livestock in summer, so it's a good balance.
Such a law will not really stop such discrimination. Let's face it, Google is your friend, and whether selling a house or hiring an employee, people use it to help make decisions. If one wants to discriminate they will, and unless they are stupid about it, cannot be caught. When we bought our second house, our offer was a bit less than another, but the sellers were very religious and chose us because we were married with 2 kids and the other offer was an unmarried couple. There was nothing in writing on this, however, just something that the selling agent mentioned to our agent.
It won't prevent active and intentional discrimination but it certainly can prevent biases, etc...If a seller has in their mind that they won't sell to Elbonians, then they can make that happen without involving their realtor. If a seller has an emotional connection to the house there's a high chance that they have a picture in their mind of who they want the buyer to be.
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Originally Posted by Diana Holbrook
I agree it's an overreach. And I actually have supported and helped write such love letters in the past. Not for banned reasons, but for emotional reasons important to buyer and seller.
We sold a horse farm that the previous owner had built and loved and made careful decisions about the layout and finishes on (the barn, not the house!) She wanted to sell it to another horse person. She didn't want to sell it to someone who wanted to turn it into a welding shop or a marijuana grow. She wanted happy horses to continue living there. That's understandable.
And increasingly in this area, it's an issue that can be in conflict with the highest and best offer. There are cash buyers who will come out and pay high prices, cash, for rural properties with big outbuildings on them, to use for growing and processing operations. I don't think it's wrong if people don't want to see that happen to a place they've loved, even if it means *perhaps* more cash in their pocket.
Our own farm, I will definitely want to sell to someone who will love and maintain what we see as a beautiful sanctuary. We have a bald eagle nest in our pasture and a large natural area below with a creek and wetland and forest where we have abundant wildlife we have protected and nurtured. We want to sell it to someone who will continue to protect that. As agents, we know how careful we need to be to honor fair housing law and we intend to do that. It's not about the money, it's about this place, that is special. And I think that's OK. "Lover of nature" is not a protected class.
It's something we definitely think about, perhaps more often than some, because some of the farms we sell are not just houses, they represent a lot of work and sweat and love, both for buyers, and sellers. Some of our buyers are looking for a dream. And some of our sellers want to see someone appreciate what they've built. And some don't care about that stuff at all, they're leaving, or planning on doing something new with it. People make decisions for all kinds of reasons and I'd like to leave ourselves enough freedom to allow for those reasons to matter sometimes.
There are often other avenues to insure that in many cases. Conservation easements, etc...I know in an area of South Georgia/North Florida there are huge plantations that get put into easements that protect them from development while still allowing timber to be harvested, etc...
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Originally Posted by Sand&Salt
My parents used to get them directly in their mailbox frequently. They weren't even selling. I know they would say "If we WERE selling---that would convince us". It had an effect on them.
I think it's overreach. A seller should be able to sell to whoever they choose.
That's entirely different...that's someone looking for a house to buy, a solicitation, not an offer.
This situation about "Love Letters" from a potential buyer is another one of those situations where the ruling by some state Real Estate Association applies to all the licensed agents in the state, but does nothing whatsoever to prevent a potential buyer from going around the agent and contacting the seller directly. If a buyer wants to send a letter to a seller, there is absolutely no law stopping that.
And that buyer's actions are not in any way hampered or restricted by what the state R.E.A. has to say, and they can do absolutely ZERO about it as long as the agent doesn't participate in the encouragement or facilitating of said letter.
This situation about "Love Letters" from a potential buyer is another one of those situations where the ruling by some state Real Estate Association applies to all the licensed agents in the state, but does nothing whatsoever to prevent a potential buyer from going around the agent and contacting the seller directly. If a buyer wants to send a letter to a seller, there is absolutely no law stopping that.
And that buyer's actions are not in any way hampered or restricted by what the state R.E.A. has to say, and they can do absolutely ZERO about it as long as the agent doesn't participate in the encouragement or facilitating of said letter.
You DO recognize the difference between a "legislature" and "law" vs. your "R.E.A.," and a "ruling," don't you?
You DO recognize the difference between a "legislature" and "law" vs. your "R.E.A.," and a "ruling," don't you?
Makes no difference. The effect is the same. The law applies only to the R/E agents, not to their clients. As long as the agent is not involved in it, the client can do as he pleases.
Makes no difference. The effect is the same. The law applies only to the R/E agents, not to their clients. As long as the agent is not involved in it, the client can do as he pleases.
OK. So you don't recognize the difference. Got it.
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