Handle Bidding Wars Legally

Ultra-competitive housing markets have fueled bidding wars between buyers frantically competing for a limited number of home listings. In these cases, real estate professionals find themselves helping clients navigate multiple offer situations. But these agents must be careful to avoid misunderstandings and reduce the risk of discrimination in the process. Real estate professionals can help avoid complaints and fair housing issues while helping both the buyer and seller understand their options.

Below are some principles real estate professionals should follow when navigating multiple offer situations:

Watch for potential fair housing red flags.

Buyer love letters – letters, videos and photos given to the seller from the buyer expressing their desire for a home – could possibly lead to fair housing violations. These ‘love letters’ often innocently include personal information that reveals a prohibited basis for discrimination. Accepting an offer based on anything other than the price, terms, and merits of the offer might violate fair housing law.

Be mindful of your legal and ethical duties.

Most states have laws and regulations regarding timeframes for presenting offers and what needs to be disclosed to the other party in a multiple-offer situation. Some states, for example, prohibit revealing the terms of a buyer’s offer without the buyer’s consent. The Realtor Code of Ethics also speaks to handling multiple offer situations, such as requiring that Realtors “protect and promote the interest of their client.”