By: The Massachusetts Association of REALTORS® Legal Team

Q: Do the new USPS Postmark Rules affect real estate transactions?  
A: Yes, REALTORS® should be aware that the United States Postal Service has advised that mail placed in collection boxes or given to carriers may receive a postmark dated later than the actual day the item was deposited—or no postmark at all. According to the "mailbox rule," an acceptance of an offer is considered effective when it is placed in the mail, rather than when it is received. In contrast, a revocation of an acceptance is only effective when it is received. If a postmark is dated several days after a document was mailed, it could raise questions about whether a notice was sent in a timely manner. To ensure that the postmark reflects the date of deposit, the USPS recommends visiting a post office and asking for a manual postmark, which is provided at no charge. Alternatively, you can purchase a Certificate of Mailing. A delayed postmark can lead to unnecessary disputes or potential liability, even if the sender believed the notice was sent on time.  


Q: Should a landlord ask for the ages of all occupants on a rental application?
A: No. The landlord cannot ask for any information from the tenant relating to race, color, religious creed, national origin, sex, sexual orientation, marital status, age, ancestry, or handicap, purely and simply because housing cannot be denied for any of these reasons. 42 U.S.C. § 3602 et seq.; G.L. c. 151B. When working with landlords, do not request the age of the prospective tenant’s children on the application. The best practice is to have any applicant over the age of 18 complete an application individually and then any tenant under the age of 18 listed by name only. Identifying the age of a child for lead law purposes is permissible as a part of the lease itself so that the landlord is put on notice of their legal obligations to make the property lead safe. See, for example, Paragraph 8 of MAR’s Standard Residential Lease.  


Q: It is February, so love is in the air, but what should you do about buyer love letters?
A: No, the National Association of REALTORS® discourages the use of love letters. Love letters, or buyer/tenant letters, are meant to personalize their offer by including personal information that may identify them as belonging to a protected class. This practice could lead to fair housing violations for the Seller and their agents, if decisions, whether intentional or not, are based on the buyer’s protected class status. It is best practice to discuss the importance of Fair Housing with clients and explain the risks associated with accepting love letters and inform seller they may instruct their agents not to accept personal letters. If such instruction is provided, it should be documented in the listing agreement or another written format, and both prospective buyers and their agents should be informed that personal letters will not be shared with the sellers. 

Services provided through the Massachusetts Association of REALTORS® is intended for informational purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. The Massachusetts Association of REALTORS®, by providing this service, assumes no actual or implied responsibility for any improper use of responses to questions through this service.  The Massachusetts Association of REALTORS® will not be legally responsible for any potential misrepresentations or errors made by providing this service. For more information regarding these topics authorized callers should contact the MAR legal hotline at 800-370-5342 or e-mail at legal@marealtor.com.