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I agree with the nanny-state assessment 100% and what a waste of time drafting, writing, discussing this law when there are so many serious issues facing every single state.
There should be a Raspberry Award for stupid real estate legislation. This is a serious contender, not sure if it would unseat Dodd/Frank, but it's up there.
Seems like a regulatory overreach. And, I don't support love letters.
The question of whether ANY cover letter is not a "customary document" arises.
And, don't all buyers and sellers search for the other party on FB, Instagram, or other social media?
"Oregon will become the first state to require real estate agents to reject so-called “love letters” from homebuyers to sellers.
The new law, which will go into effect in January throughout Oregon, says a seller’s agent must reject “any communication other than customary documents” from a potential homebuyer, including photographs.
These letters often paint a personal picture meant to tug at the heartstrings of a seller. But critics say they can also reveal information about buyers that could be used to discriminate against them or others, consciously or otherwise, in violation of the Fair Housing Act. "
This is a free speech issue. You are allowing the state to tell you that you are not free to speak with someone. It’s wrong, it’s immoral, it’s a violation of our rights. But we are so conditioned to throwing away freedom that people will discuss whether love letters “work” or not. Amazing. Horrifying.
It isn't a free speech issue. The buyer can write and deliver the letter to the seller. This law is an added section in our fiduciary duties section that states to help ensure that the seller isn't picking a buyer based on a fair housing violation, we can't pass along a communication that isn't customary, and no photographs.
The buyer can make a giant cutout of themselves and put it outside the sellers' house on the sidewalk if they want to.
Just to be clear to everyone not from Oregon...
Real estate agents have a fiduciary duty to pass along any communications from the other party in a timely manner. They are putting a restriction on that duty and made it so that we can't pass along photos and non-customary communications. That is the extent of it. It adds one sentence to our fiduciary duties.
It is poor legislation as people can discriminate on names, who shows up on the Ring doorbell, and their social media search, but it isn't about being conditioned to lose freedoms and certainly not horrifying. Horrifying is the Oregon woman that purposely burned her children. That is horrifying.
It isn't a free speech issue. The buyer can write and deliver the letter to the seller. This law is an added section in our fiduciary duties section that states to help ensure that the seller isn't picking a buyer based on a fair housing violation, we can't pass along a communication that isn't customary, and no photographs.
The buyer can make a giant cutout of themselves and put it outside the sellers' house on the sidewalk if they want to.
Just to be clear to everyone not from Oregon...
Real estate agents have a fiduciary duty to pass along any communications from the other party in a timely manner. They are putting a restriction on that duty and made it so that we can't pass along photos and non-customary communications. That is the extent of it. It adds one sentence to our fiduciary duties.
It is poor legislation as people can discriminate on names, who shows up on the Ring doorbell, and their social media search, but it isn't about being conditioned to lose freedoms and certainly not horrifying. Horrifying is the Oregon woman that purposely burned her children. That is horrifying.
Yup. What about a love phone-call? And names on Facebook can be wildly incorrect.
There is nothing to prevent a buyer from dropping off said note in the seller's mailbox.
Why in hell should he have to? What business is it of Big Brother to micromanage our lives in this way? It’s a travesty, like many others, and we are letting it happen.
It isn't a free speech issue. The buyer can write and deliver the letter to the seller. This law is an added section in our fiduciary duties section that states to help ensure that the seller isn't picking a buyer based on a fair housing violation, we can't pass along a communication that isn't customary, and no photographs.
The buyer can make a giant cutout of themselves and put it outside the sellers' house on the sidewalk if they want to.
Just to be clear to everyone not from Oregon...
Real estate agents have a fiduciary duty to pass along any communications from the other party in a timely manner. They are putting a restriction on that duty and made it so that we can't pass along photos and non-customary communications. That is the extent of it. It adds one sentence to our fiduciary duties.
It is poor legislation as people can discriminate on names, who shows up on the Ring doorbell, and their social media search, but it isn't about being conditioned to lose freedoms and certainly not horrifying. Horrifying is the Oregon woman that purposely burned her children. That is horrifying.
I’m getting sick of the nonsense nanny-state left-wing tyranny emanating from Oregon and Washington. What is wrong with the citizens of these states? I don’t accept Big Brother telling any homeowner who they can talk to, or why or when or how. Or who any buyer can talk to, or why, or when, or through whom, or how. Keep the hell out of it. In fact, the standards of fiduciary duty should be developed by THE PROFESSION, NOT THE STATE. ‘Non-customary‘ communications. Go screw. All communications between buyers, sellers, and agents should be free, unfettered, uncontrolled, unedited FREE SPEECH.
California sucks, but the Pacific Northwest is sinking to newer lows with every passing year, as evidenced by this stupid overreach and the crap that was asked for and delivered in that sewer now known as Seattle. And what are you agents doing about it? Bootlicking. I’ve had enough. The Founding Fathers are spinning in their graves like flywheels.
I’m getting sick of the nonsense nanny-state left-wing tyranny emanating from Oregon and Washington. What is wrong with the citizens of these states? I don’t accept Big Brother telling any homeowner who they can talk to, or why or when or how. Or who any buyer can talk to, or why, or when, or through whom, or how. Keep the hell out of it. In fact, the standards of fiduciary duty should be developed by THE PROFESSION, NOT THE STATE. ‘Non-customary‘ communications. Go screw. All communications between buyers, sellers, and agents should be free, unfettered, uncontrolled, unedited FREE SPEECH.
California sucks, but the Pacific Northwest is sinking to newer lows with every passing year, as evidenced by this stupid overreach and the crap that was asked for and delivered in that sewer now known as Seattle. And what are you agents doing about it? Bootlicking. I’ve had enough. The Founding Fathers are spinning in their graves like flywheels.
aw, poor baby. You are not allowed to be complicit in letting your clients discriminate against people. So sad.
aw, poor baby. You are not allowed to be complicit in letting your clients discriminate against people. So sad.
Simple workaround for Oregon brokers. Instruct your clients that love letters need to be sent directly, and since they do work on occasion, go ahead and send them yourself. Then follow up with an offer. What you putrescent little social engineers don’t understand is that illegitimate proscription of legitimate rights doesn’t work, can’t work, and won’t work. There’s always a workaround. Freedom of speech is like nature, it finds a way! Meanwhile stay out of Oregon if you value quality, freedom, liberty, property, speech or any of the other libertarian principles on which this country was based.
In Oregon, marital status is a protected fair housing class. So while you might personally feel good about discriminating in favor of a married couple with children, it's quite possible that the people you are discriminating against by doing so consider it just as crappy as discrimination based on race, religion or sexual orientation
My point was more about an investor making an offer that may just want to flip it, rent it or maybe even raze it to build something new versus someone that was buying my home because they truly loved it and were hoping to build some beautiful memories there. In each of those cases the "Buyer" could actually be a married couple (with or without kids) or a single person. To me it wouldn't matter what the marital status was, etc........I would rather just sell to Buyer that loved my home. If that is against the law then I think that is pretty "crappy" :-(
aw, poor baby. You are not allowed to be complicit in letting your clients discriminate against people. So sad.
I'd say of the 10-12 of said letters I've seen, I don't recall any of them actually having anything in it that would create discrimination issues. This is such a major overreaction IMO considering how uncommon this is actually an issue. I believe you're missing the point of Marc's post. It's the fact that the government consistently increases their control over freedoms, perceived or real, that he's commenting on. This just happens to be the current example.
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