District Judge Marco Hernandez ruled that the “love letter” law passed in the 2021 session, violates the First Amendment by restricting free speech.

Oregon became the first state to pass a law preventing real estate agents from forwarding personal letters to sellers that can include heartfelt messages, details about people’s lives along with photographs and videos earning the tag as ‘love letters.’

Buyers explaining why they want a particular home, have become a common tool in hot housing markets.

Rep. Mark Meek (D-Gladstone), Portland real estate firm owner, introduced HB 2550 after his clients opted to sell their home to someone who submitted a love letter despite receiving more lucrative offers. Maybe it was his disappointment of a lower commission because the Total Real Estate Group in Bend didn’t agree with him and brought a lawsuit. But he garnered support in sponsoring the bill from Governor candidate Tina Kotek.

They argued that the letters leave the door open for discrimination, which is banned under the Fair Housing Act.

The ban requires a seller’s agent to reject “any communication other than customary documents” from a potential homebuyer, including letters, photographs and video.

The law does not ban a buyer from submitting the same type of material directly to the seller themselves, which creates an awkward situation.

Pacific Legal Foundation filed the lawsuit alleging that there’s no evidence the letters have led to actual discrimination and is based on speculation. The lawsuit states, “Homeowners develop an intimate attachment to the homes where their lives have played out, watching children grow, nurturing relationships with neighbors, and experiencing the tragedies and triumphs of everyday life. Likewise, homebuyers look not just for the best deal, but also for a space they can call their own for years to come.” The brief continues, “The State of Oregon, however, has banned such letters, rendering this financially and emotionally significant decision into an impersonal process little different from purchasing groceries at the self-checkout machine.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Pacific Legal thought banning letters would have an adverse effect and increase the likelihood of discrimination placing the broker in the middle. “Likewise, the love letter ban may make it more likely that problematic communications simply occur over the phone rather than in writing, making it more difficult to police against possible discriminatory conduct on the part of sellers.”

Federal judge Hernandez isn’t the only judge litigating measures from the 2021 session.

The Emergency Board appropriated $60 million last year with equity goals that resulted in several law suits, some of which are ongoing.

This short session, Legislative Council (LC) opinion suggested it is possible that part of a similar bill will be ruled unconstitutional, which will expose the state to more lawsuits. In all these cases, bills were passed anyway. How can Legislative Council reduce litigation if their opinions are ignored?


--Donna Bleiler

Post Date: 2022-03-09 10:39:02

Last Update: 2022-03-09 10:48:46