Mailing Law - Georgia Code § 10-1-393.19

This Georgia law aims to protect property owners from potentially misleading or predatory real estate solicitations, particularly from individuals or entities not officially licensed in real estate.

Key Provisions

• Mailings must have clear warnings:
• At the top, in big letters: "THIS IS A SOLICITATION. YOU DON'T HAVE TO RESPOND."
• If there's a money offer: "THIS MAY NOT BE FAIR MARKET VALUE."
• If the offer is less than the county's tax assessment: "THIS IS LESS THAN THE COUNTY ASSESSED VALUE."
• The envelope must say: "SOLICITATION. YOU DON'T HAVE TO OPEN OR RESPOND."
• These warnings must be:
  • In the same font as the rest of the letter
  • At least as big as the other text, but no smaller than 16-point font
  • In a clearly different color

Affected Parties

• This applies to unsolicited written inquiries or mailings about buying real property or offering real estate services in Georgia.
• Targets senders who are not licensed or regulated under specific state laws in Georgia.

Penalties for Non-Compliance

• 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.

Compliance Tips

• Mandatory conspicuous warnings on both the envelope and the content of the solicitation.
• Specific language is required to inform recipients that it's a solicitation and they're not obligated to respond.
• Additional disclosures for monetary offers, especially if below the county's assessed value.
• Formatting Rules:
  • Strict guidelines on font size, color, and placement of the required disclosures.
  • Ensures the warnings are easily noticeable and readable.

Implementation Date: 7/1/2024