Brokerage Engagement Legislation (Senate Bill 90)

Georgia law imposes strict requirements on unsolicited agreements that inquire into consumers’ interests in selling their land or real property. Such agreements are required to make clear to consumers that the inquiry is a solicitation, that the proposed agreements are not legally binding, and that consumers have no obligation to do anything upon receiving these inquiries, including responding to or even opening the solicitations. This exact language can be found in SB 90, or O.C.G.A. § 10-1-393.18.

Any unsolicited solicitation shall contain the following:

•  At the top of and at least two inches apart from any other text on such written inquiry or mailing, the following notice 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.”

•   On front of the envelope or, if there is no envelope, on the part of the written inquiry or mailing that bears the postage stamp or postage amount, the following notice in capital letters:

“SOLICITATION. YOU ARE UNDER NO OBLIGATION TO OPEN OR TO RESPOND.”

If you believe that you’ve received a solicitation that failed to meet the requirements explained above, or contained any misleading or false representations, please contact our office at (404) 651-8600 or by filing an online complaint.