Ultra-competitive housing markets have fueled bidding wars as buyers frantically compete for a limited number of homes for-sale. Real estate professionals are finding themselves helping their home-buying clients navigate multiple offer situations. But they must be careful to avoid misunderstandings and reduce the risk of discrimination in the process, too.

“Real estate professionals can help avoid complaints and fair housing issues while helping both the buyer and seller understand their options,” Deanne Rymarowicz, associate counsel at NAR, says in a new “Window to the Law” video posted at NAR.realtor.

Rymarowicz highlights three principles for real estate professionals to follow when navigating multiple offer situations:

Be mindful of your legal and ethical duties. Your state likely has 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” in 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 some fair housing violations. “These ‘love letters’ often innocently include personal information that reveals a prohibited basis for discrimination, such as ‘we can see our family celebrating Christmas around the fireplace’ or the ‘wide hallways will accommodate my wheelchair,” Rymarowicz says in the video. Fair housing centers on eliminating discriminating and “love letters” could potentially cause an implicit bias. “Accepting an offer based on anything other than the price, terms, and merits of the offer might violate fair housing law,” Rymarowicz says.

Let the client make the decision. Educate your client about multiple offers and strategies for responses. “You may even offer suggestion and advice based on your knowledge and experience,” Rymarowicz says. But ultimately, “it’s up to the client to decide what offers and counteroffers to negotiate, reject, and ultimately accept.”

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Article I, Section 2 of the United States Constitution mandates that a census take place every 10 years in all 50 U.S. states, the District of Columbia and all U.S. territories.  The decennial census is a full population count of all individuals living in the United States in that given year. The first Census was taken in 1790, and this year—2020, the Census will take place again.

The Census is important because it ensures fair representation in Congress, aids with redistricting, and dictates funding for federal programs, including for schools and hospitals for states and localities throughout the country. Census data is also very significant for research purposes, including by NAR in its assessments of current and future housing needs, trends, and demands.

According to a recent George Washington University Institute of Public Policy report, titled “Counting for Dollars 2020: The Role of the Decennial Census in the Geographic Distribution of Federal Funds,” $1.5 trillion federal dollars are allocated annually to states and localities for various purposes and programs, including federal funding for libraries, schools, hospitals, roads, and other federal programs and services.

The Census is administered and managed by the U.S. Census Bureau, which is a bureau within the U.S. Department of Commerce.  The population count is conducted when households complete the American Community Survey, which asks the following:

• The number of people living or staying in the home;
• Whether the home is owned or rented;
• The age, gender, and race of each person living in the home;
• Information about particular ethnic groups that may be represented in the home; and
• The relationship between each person living in the home.

The 2020 census can be completed by phone at 1-844-330-2020, by mail, or online at 2020census.gov until September 30, 2020. The physical survey that can be completed by mail will be offered in English and Spanish. The online and phone survey will be available in 12 languages. The Census Bureau will also provide print and video guides to answering the Census in 59 languages.

The census is important for all REALTORS® because completing the 2020 census means more resources for businesses and communities across the country. The data is also used for redistricting purposes and for reapportionment, to ensure fair representation in Congress. Last fall, NAR launched its Census Awareness Campaign to ensure that all 1.4 million REALTOR® members are informed about the upcoming census and to encourage all members to complete the 2020 census. Additionally, NAR has published an online Census Guide to help members, stakeholders, and state and local associations to learn more about the impact of the census.

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