email iconIn the Commonwealth of Virginia, emails sent for the purpose of advertising real estate services must contain specified disclosures at the beginning or end of the message. Does that mean disclosures are required in all emails?

Let’s look at the case of Sally and Darrin. Sally lists her home for sale with an agent named Darrin. Sally is a busy gal and doesn’t like phone calls. Sally prefers email and thus she and Darrin communicate regularly by email. Late one night, Darrin replies to one of Sally’s emails but includes none of the required disclosures!

Has Darrin violated the rules of the Commonwealth of Virginia?

The answer is no. Sally is already Darrin’s client and thus these emails are not solicitations. Disclosures are unnecessary when dealing with existing clients and in any correspondence required by the ordinary conduct of business.

Sean
Here’s a good looking boy.
Real Estate Law, ,

Will Nesbitt

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Will is the principal broker of Nesbitt Realty and Condo Alexandria. He is licensed in anywhere in the Commonwealth of Virginia, but focuses on those communities found in and around Alexandria, Arlington, Mount Vernon and Springfield/Franconia. Will has been involved in real estate management, sales and investment for more than twenty years. He is a veteran of the U.S. Army. While in the army, he studied Russian at Monterey's Defense Language Institute. He is also a "veteran of the dotcom wars" and built most of the sites associated with NesbittRealty.com Will currently resides in Belle Haven Estates just outside Old Town, overlooking New Alexandria. He is a former president of the Mount Vernon Youth Athletic Association and founded the Alexandria Fun with Friends Group. Will is the author of BattlestorM, a tabletop fantasy game, which was published by Ral Partha Publishing in the late '90's, and Arthur's Realm, a boardgame available at the Gamecrafter.