An interesting article from NAR on love letters.
While the Oregon statute does not impact SC, this NAR article is an interesting read.
https://www.nar.realtor/legal-case-summaries/oregon-ban-on-love-letters-deemed-unconstitutional
While love letters are not banned in SC, love letters can create fair housing risks when they reveal protected fair housing classifications.
Love letters solely focusing on business issues create less fair housing risks (e.g. describing strong financing, quick to close, no need to sell their other home, cash on hand, large earnest money deposit, short due diligence, large due diligence termination fee).
In a multiple offer scenario, most of the buyers are going to be upset because they did not get the home. Love letters with fair housing protected class information can lead to accusations of illegal fair housing discrimination.
For risk management reasons, avoid fair housing classifications love letters. Even a photo in a love letter can reveal fair housing classifications.
Fair housing classifications: race, color, religion, sex, national origin, familial status, disability, gender identity, sexual orientation. Everyone fits into one or more of these.
Posted by: Byron King on 05/24/22 (This information is only accurate as of 05/24/22. You must contact SCR for updates and changes to this information after 05/24/22 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.