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Federal judge blocks Oregon’s first-in-nation ban on homebuyer ‘love letters’
Oregonian ^ | 3/6/2022 | Rob Davis

Posted on 03/07/2022 6:39:30 AM PST by mac_truck

A federal judge has issued a preliminary injunction blocking Oregon’s first-in-the-nation ban on so-called real estate ‘love letters,’ personal notes from prospective homebuyers to home sellers, saying it violates the First Amendment by restricting free speech too broadly.

The conservative Pacific Legal Foundation had filed the lawsuit in U.S. District Court after the Oregon Legislature last year attempted to limit housing discrimination by prohibiting buyers from sending letters to sellers to try to sweeten their offers on houses for sale.

Those letters, often written to appeal to a seller to accept a potentially less-competitive offer, were outlawed as of Jan. 1 by lawmakers seeking to ensure that sellers couldn’t make decisions based on race, national origin, marital or family status, sex, sexual orientation or other protected classes.

A Pacific Legal Foundation attorney, Daniel Ortner, called the injunction a “major victory for free speech and economic opportunity.”

(Excerpt) Read more at oregonlive.com ...


TOPICS: Business/Economy; Extended News; News/Current Events; US: Oregon
KEYWORDS: 1a; bantheban; firstamendment; homebuer
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1 posted on 03/07/2022 6:39:30 AM PST by mac_truck
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To: mac_truck

Homebuyer love letters, that’s a new one on me.

And according to the headline, the ban on that was banned.


2 posted on 03/07/2022 6:43:33 AM PST by Migraine ( )
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To: mac_truck

Is there a particular class of buyers that is perceived as being discriminated against?

Asking for a friend.


3 posted on 03/07/2022 6:44:31 AM PST by one guy in new jersey
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To: Migraine

Been around long time. Perspective buyers write a letter to the owner telling them how much they love their house and their personal circumstances in an effort to gain favor in a bidding war, or gain favor in a low offer.


4 posted on 03/07/2022 6:45:03 AM PST by TiGuy22
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To: mac_truck
Plank #1 of the Communist Manifesto: Abolition of Property in Land and Application of all Rents of Land to Public Purpose.

That's what's coming next.

5 posted on 03/07/2022 6:47:09 AM PST by E. Pluribus Unum ("Communism is not love. Communism is a hammer which we use to crush the enemy." ― Mao Zedong [FJB])
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To: Migraine

Its been a thing in the SF Bay Area for @20 years. Trying to use sentimentality to get ahead of the other bidders, instead of outbidding them. Its worth a shot, maybe the seller is a silly ass. One can only laugh.


6 posted on 03/07/2022 6:49:08 AM PST by buwaya
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To: one guy in new jersey

It’s discriminatory against illiterate buyers.


7 posted on 03/07/2022 6:53:46 AM PST by rightwingintelligentsia (Democrats: The perfect party for the helpless and stupid, and those who would rule over them.)
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To: buwaya

Or the note might be:

“I’m a raving lib. Sell it to me so we can continue the agenda.”


8 posted on 03/07/2022 6:54:40 AM PST by sten (fighting tyranny never goes out of style )
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To: mac_truck

When we sold our house last year, we got a nice letter from the perspective homeowners as it was a competitive bidding situation. Of course, they also had the highest offer and best terms, so it’s was kind of a nice touch, but no real bearing on our final decision.

If people want to write ‘love letters’, so be it. If a seller wants to accept an offer based on a ‘love letter’, so what? People make stupid financial decisions based on far less, and it’s their right.


9 posted on 03/07/2022 6:55:24 AM PST by IMTOFT (At least I'm enjoying the ride...)
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To: one guy in new jersey

The only people that can be discriminated agaisnt, according to the left and the msm, are black people. Noone else can ever be discriminated against.


10 posted on 03/07/2022 6:58:53 AM PST by Bob434
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To: mac_truck

Why would any thinking people want to buy a house in lala land Oregon anyway?


11 posted on 03/07/2022 6:59:57 AM PST by where's_the_Outrage? (Drain the Swamp. Build the Wall.)
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To: TiGuy22

My sis and I own a 3 plots of land we inherited. I receive about 5-6 offers a month by mail. Never seen anything like it. Most all are from out-of-state.


12 posted on 03/07/2022 7:00:26 AM PST by RushIsMyTeddyBear (Miss you Rush!)
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To: rightwingintelligentsia; one guy in new jersey

“It’s discriminatory against illiterate buyers.”

Given my observation of the state of online discourse on a number of platforms, I’d say that’s a pretty large group. Guess it’s better if we either “follow the money” or, as they said in Jerry Maguire - “SHOW ME THE MONEY!”


13 posted on 03/07/2022 7:00:27 AM PST by T-Bird45 (It feels like the seventies, and it shouldn't. )
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To: Twotone; VeryFRank; Clinging Bitterly; Rio; aimhigh; Hieronymus; bray; 1malumprohibitum; ...
If you would like more information about what’s happening in Oregon, please FReepmail me. Please send me your name by FReepmail if you want to be on this list.
14 posted on 03/07/2022 7:02:04 AM PST by Twotone (While one may vote oneself into socialism one has to shoot oneself out of it.)
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To: IMTOFT

The gov thinks it’s their responsibility to protect people from making dumb decisions. That was never the role of government or,our constitution, but the left have hammered away until we now see laws like this idiotic violation to free speech proposal trying to be rammed through by self sanctimonious socialists who feel that they are so smart that it is their duty to protect the lowly ignant voters


15 posted on 03/07/2022 7:02:21 AM PST by Bob434
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To: mac_truck

An extended family member used a “love letter” recently in the SF Bay Area...sellers were Jewish, buyers were Jewish. Don’t know how many bids or how competitive they were, but they got the house. Sellers obviously liked the idea of a nice young family living in the house. Obviously you need to avoid outright discrimination against a bidder based on race/natonality etc., but if you have multiple bids, seems like you should be able to sell to buyers who will be the best fit for the neighborhood.


16 posted on 03/07/2022 7:05:36 AM PST by LizzieD
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To: RushIsMyTeddyBear

“My sis and I own a 3 plots of land we inherited. I receive about 5-6 offers a month by mail. Never seen anything like it. Most all are from out-of-state.”

Common when estates are settled.


17 posted on 03/07/2022 7:06:18 AM PST by TexasGator (UF)
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To: Migraine

My daughter and her husband wrote one and got the house for a lower amount than the other offer. They don’t know what that offer was, but the seller did say she was touched by the letter. It could have been $100 or $15,000. But the seller would be a fool to give up thousands based on a letter.


18 posted on 03/07/2022 7:06:20 AM PST by Betty Jane
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To: mac_truck
There are good reasons to allow such communications -- not all are merely "love letters".

Personal experience: I bought a family farm that had been in the family since 1832. The seller was the last of a large family - his older brother's and his uncle's land adjoining had been sold to developers and subdivisions put in. He looked out his kitchen window at houses where his family raised cattle.

I was looking at the land (as opposed to the house) after my real estate agent (who had no interest in the land) left, and a good friend who was a long-time county resident was with me to scope things out. The owner thought the coast was clear and came on in - we met him and had a cordial conversation. He was extremely concerned that I not be a developer in a clever disguise. I got my friend and some of her relations -- who had been in the county since it WAS a county -- to vouch for me that I was just folks and intended to keep the land as it was - not to farm, but to train dogs. That satisfied him, and he took my offer which was a little lower than what developers had offered (land is getting scarce here).

Real estate agents don't like sellers and buyers to contact one another - they are afraid that they will get crossways or have a personality conflict and kill the sale.

19 posted on 03/07/2022 7:12:07 AM PST by AnAmericanMother (Ecce Crucem Domini, fugite partes adversae. Vicit Leo de Tribu Iuda, Radix David, Alleluia!)
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To: Migraine

Started during one of californias bubbles. An effort to have people feel a personal connection so they’d accept that offer. Sometimes it worked


20 posted on 03/07/2022 7:16:55 AM PST by Nifster (I’m see puppy dogs in the clouds)
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