If you’re sending mail about purchasing real estate in Georgia or to Georgia recipients, it’s essential to understand the state’s legal requirements. Even if you don’t include a specific purchase price, if your intent is to make an offer, Georgia law requires that certain disclosures appear on any direct mail pieces—such as postcards, envelopes, and letters. Make sure to review and include these notices before sending your mail.
Key Legal Requirements
Under Georgia State Law (Ga. Code § 10-1-393.19), these disclosures must be included on your direct mail pieces:
The following is REQUIRED on the postcard or letter itself, in capital letters.
THIS IS A SOLICITATION. THE SENDER IS CONTACTING YOU TO INQUIRE AS TO YOUR INTEREST IN SELLING YOUR HOME OR OTHER REAL ESTATE. YOU ARE UNDER NO OBLIGATION TO RESPOND.
If your communication includes a monetary offer, you are also required to include this on your postcard in addition to #1 above:
THIS OFFER MAY OR MAY NOT BE THE FAIR MARKET VALUE OF THE PROPERTY.
If your monetary offer is less than the previous year’s assessed value, you are also required to include this on your postcard in addition to #1 and #2 above:
THIS OFFER IS LESS THAN THE COUNTY ASSESSED VALUE FOR THIS PROPERTY.
Additionally, regarding all notices mentioned above:
No text in the solicitation can be larger than the required notices.
The required notices must be in a font that is the same as the majority of the text and no smaller than 16-point font.
The notices must be in a distinctly contrasting color to ensure they stand out.
Affected Parties
This applies to unsolicited written inquiries or mailings about buying real property or offering real estate services in Georgia. The law targets senders who are not licensed or regulated under specific state laws in Georgia (ie. investors making purchase offers).
Penalties
It can result in civil lawsuits, including class actions.
Allows for significant damages (triple actual damages or $600 per violation, whichever is greater).
Includes criminal penalties (misdemeanor) for violations.
What is DealMachine Doing to Help?
DealMachine will be releasing a new mail template that meets the guidelines. All users are free to use this design.
In addition, for users who have reported that they are real estate investors/wholesalers, DealMachine will require that the user include the above disclosure on mail being sent to a Georgia recipient or in regards to a property located in Georgia. This is to help investors comply with the law and avoid financial hardship in the form of unwanted lawsuits or penalties.
If DealMachine detects that a postcard to or about a property located in Georgia has been scheduled by a real estate investor with a template that does not meet the requirements, we will place it in the “mail issues” queue. Users must end the mail campaign for the affected lead(s) and start a new campaign with a template that meets law’s requirements.
Where is the "Mail Issues" queue?
Navigate to Mail and click Mail Center. Click Mail Queue at the top right corner and click Mail Issues. How do I change the mail sequence or mail template for a lead?
Sample Georgia Mail Template
How can I get access to the Georgia mail template?
To access the new Georgia mail template, navigate to Mail and click Postcards.
Next, click "+ New Postcard".
The Georgia mail template is available in 4x6, 6x9, and 6x11 sizes. Select your preferred postcard size to continue.
Scroll down to the bottom to find the Georgia mail template. Hover your mouse over it and click Select Design.
You may edit the text as you would in a regular mail template.
Click Back to see the other side of the mail template where the disclaimer is.
We have designed it to have the necessary disclosure notice but if you wish to edit the disclaimer, you may click the Disclosure Notice layer and edit it.
You may also edit your signature before saving the template.
When you are ready to save your template, click Save Design.
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