Posted by John Merchant on September 14, 2004 at 10:06:47:
Doesn’t sound like anything that would trigger a securities or RE Estate Commission complaint, etc., so I’d say go ahead.
BUT, I’d sure do this in some entity name and not use your own on it, or your home address, etc…as you say, CA does have some legal potholes.
And clearly state on the card that you’re not making any guarantees, etc., so if it were ever to be introduced into evidence against you, there’d be nothing there that would be damaging as promise, etc.
In CA, do mailings (postcards/letters/door hangings/etc) have any civil code guidlines that I should review or other legal ramifications before starting a marketing campaign? (I am assuming an ethical message.)
In terms of advertising to the public, the most important issue is
whether or not your advertising is misleading or not. If you advertise
one thing and do another, you could be hearing from the Atty General
for violation of consumer protection laws.
In general, if you are honest, ethical and treat people right, this will
rarely be an issue for you.
FOR DISTRIBUTION OF ADVERTISING IN CA, YOU NEED TO KNOW YOUR LOCAL LAWS OF CITY OR COUNTY JURISDICTION. FOR INSTANCE, IN SAN BERNARDINO CITY THERE IS A $300 FEE REQUIRED FOR A SOLICITATION PERMIT WHICH REQUIRES YOU TO ALSO JUMP THROUGH SEVERAL HOOPS THAT ADD TO THAT COST. BUT SBD ALSO HAS A LOOPHOLE: DOOR-TO-DOOR SOLICITATION (I.E. DISTRIBUTION OF ADVERTISING, AND/OR TALKING TO RESIDENTS)IS OK WITHOUT A PERMIT IF YOU PERSONALLY HAVE A PROFESSIONAL LICENSE OF ANY KIND.
MY SUGGESTION WOULD BE TO CONTACT YOUR CITY HALL AND TALK WITH THE CLERK OR WHATEVER OFFICE IS RESPONSIBLE FOR A SOLICITER’S PERMIT AND GET A COPY OF THEIR REQUIREMENTS AND RESTRICTIONS. I WOULD ALSO ASK WHAT PENALTIES EXIST FOR VIOLATIONS, AS THIS MIGHT NOT BE INCLUDED WITH THE APPLICATION INFORMATION.
IF YOU DISTRIBUTE ADVERTISING ON PERSONAL PROPERTY (THIS INCLUDES FLYERS ON CARS) AND YOU FIND THAT YOU HAVE ACCIDENTLY GONE OUTSIDE OF YOUR JURISDICTION FOR YOUR PERMIT, JUST STOP DISTRIBUTING THERE AND APOLOGIZE WHERE IT IS NECESSARY. I HAVE KNOWN OF PEOPLE WHO HAVE DISTRIBUTED FLYERS WITHOUT BENEFIT OF A PERMIT WITH NO PROBLEMS, BUT BE AWARE THAT THERE COULD BE DIFFICULTY IF SOMEONE REPORTS YOU TO THE AUTHORITIES.
SOME CITIES HAVE LAWS THAT LEVY FINES FOR EACH OCCURANCE (I.E. EACH ADERTISING PIECE), ESPECIALLY IN STATES LIKE OREGON, WASHINGTON AND WISCONSIN.
ALSO BE AWARE THAT THERE IS NOW A FEDERAL STATUTE AGAINST LEAVING ANYTHING ON MAIL BOXES, WHERE BEFORE HAD ONLY BEEN AGAINST LEAVING ANYTHING IN A MAILBOX THAT WASN’T DELIVERED BY THE POST OFFICE.
Direct mailings to NOD/NTS recipients. The main message is a general “stop foreclosure,” “save your credit,” “convert equity into cash” bullet points. Living in litigious-happy California, I am always wary of legal potholes of problems.
Posted by Tom-FL on September 14, 2004 at 23:36:57:
I don’t know if anything applies to mailings, but I’ve seen things posted here about preforeclosure work in CA. There’s a whole bunch of “guidelines” you need to follow, such as the seller having a right of recission, etc. Maybe someone will be kind enough to repost the data.