In 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.