Whether you are dealing with a fellow Realtor in soliciting interest in a property or you are dealing with members of the public, customers or former clients, compliance with the Federal Marketing Restrictions on faxes, e-mails and phone solicitations are an absolute necessity.
Introducing yourself to a fellow Realtor and Participant of the MLS via an e-mail which you are highlighting a property may be technically permissible if you had the Realtor’s e-mail information prior to the enactment of the CANN SPAM Act. Nevertheless, the failure to comply with the strict terms of the Act including a methodology for eliminating future similar communications (known as “opt out language”) may subject the soliciting Realtor to severe penalties under various Federal Laws. The subject, therefore, which follows is related to how you maintain full compliance.
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