#1 Do Not Call List, CAN-SPAM Act, Lead Based Paint & Radon

What does the CAN SPAM Act give recipients the right to do?

Stop receiving emails

How Often DO Companies Need to Compare Their DNC list to the National Registry?

every 31 days

Under CAN SPAM what do emails need to be labeled as? A____ & S___

Advertisement & Solicitation

What type of emails are covered by the CAN SPAM Act?

All commercial

All Non Profits are exempt from CAN SPAM. T or F

False, depends on what type of Non Profit

Under the Lead Paint Hazard Reduction Act properties built before what date must disclose there is a possibility the house being sold OR leased might contain lead based paint

01/01/1978, because before 1978 many oil based paint contained lead

For CAN SPAM compliance what Opt Out options are their? (2)

1. A single Opt Out 2. A Menu Opt Out

Give 3 ways phone numbers are removed from the DNC list?

1. The # is given to someone else 2. The consumer asks 3. # is disconnected

4 Exemptions to the Do Not Call List

1.) Have An Established Business Relationship 2.) Written Permission From Consumer 3.) Personal Relationship with Consumer 4.) They Contacted You

Buyers of houses built before 1978 must be given how many days from the date a purchase contract is finalized to have the property inspected for lead-based paint?

10 days

How many days after an Opt Out request does the Opt Out have to be honored?

10 days

How many days must a prospective buyer have to conduct a risk assessment for lead based paint ?

10 days

Within how many months would a consumer have to have been under contract for them to be considered an "established business relationship" under the Do Not Call exemptions list?

18 months ( or would have to be currently under contract) Ex./ A FSBO w/ a potential buyer

How long can you contact your expired listings to comply with DNC regulations?

18 months after contract expiration, unless the owner requests you no longer call them

Before what year was lead mainly found in oil based paints?

1978

When selling or leasing homes built before ____________ all knowledge of lead based paint must be disclosed through a _____________ disclosure.

1978, signed

The Lead Based Paint Hazard Reduction Act was passed in what year?

1996 (year before I was born)

How long after someone contacts you on the DNC list can you continue to contact them?

3 days

Fred is a real estate agent. He lists a telephone number on his For Sale signs that plays a recorded message with information about the property when called. Fred captures the callers phone number when they call to inquire. Assuming no other relationship, how long may Fred contact numbers captured in this way that are listed on the Do Not Call registry?

3 months

If a consumer who is on the Do Not Call registry, calls a real estate company's office with a question about a property. How long can a licensee from this company continue to call the consumer with information about other properties, assuming no transaction occurs between the parties?

3 months

The Opt Out mechanism must process request for 30 or 31 days after sending the message?

30

When should licensees give potential buyers a copy of the EPA pamphlet Protect Your Family From Lead In Your Home ?

Before executing a contract on a home built before 1978

What health condition if accumulated in large conditions can radon exposure cause? Heart Disease, Cancer or Seizures?

Cancer

What other groups of people or businesses may contact consumers on the DNC list? Name 3

Charities seeking donations, Survey Takers, Political Organizations

CAN-SPAM stands for

Controlling the Assault of Non-Solicited Pornography and Marketing Act

Where can radon be found?

Prodominently soil, but also in rocks and water

A salesperson sends current and past clients a monthly electronic newsletter. In the newsletter, the salesperson promotes her real estate services and requests both referral business as well as new business from the clients. A newsletter like this is:

Evaluated on a message-by-message basis to determine whether the primary purpose of the newsletter is commercial

What is the CAN-SPAM Act ?

It places restrictions on deceptive promotional/commercial emails, with criminal and financial penalties for violators.

Anne is a former client of Joe who works for ABC Real Estate Company. Anne tells Joe to call her best friend, who is thinking about selling their home. Anne assures Joe that her friend is expecting the call. Which of the following statements is true?

Joe needs to check the no-call registry because he and the friend do not have an established business relationship

For homes built before 1978 sellers must disclose via a signed disclosure form any known presence of?

Lead Based Paint, DON'T FORGET THE YEAR 1978! :)

A consumer, Joe Clayton, who is on the Do Not Call list, calls a licensee, Sam Overton, to inquire about a particular property. For the next four weeks Sam calls Joe to inform him about new properties that have entered the market. Sam is careful to only call Joe about properties that meet Joe's criteria. Joe calls Sam's broker and asks to be put on the Company's Do Not Call list. Can Sam continue to call Joe about other listings?

No, because the Company's Do Not Call list takes precedence over the 3 month exemption period

Give 3 businesses/people who are exempt to CAN SPAM

Political orgs., Religious orgs., National Security same people exempt to the DNC rules

radon gas is

Radioactive material that is odorless & colorless & comes up from the ground and can penatrate basements, causing indoor pollution

An email that is in relation to a recent event or transaction with a customer/consumer is an example of what type of relationship message?

Transactional Relationship

What type of email messages are exempt from CAN SPAM?

Transactional/Relationship Messages

Mortgage companies are allowed to solicit existing customers if:

The mortgagors are current customers under contract with the mortgage company

A broker sends e-mails to buyer-clients (with whom he has a written representation agreement) when a new listing enters the MLS that meets the buyers' search criteria. These e-mails do not need to comply with CAN-SPAM. Why?

These are transaction/ Relationship messages

The following email message was sent from a real estate licensee to a buyer who closed on the purchase of the house 3 months ago. "Don't forget that a home warranty policy was purchased for you by the seller at closing. This policy will cover things in your house that turn off and on, like HVAC systems, plumbing, electrical, and built-in appliances. Here is the customer service number for the home warranty company...800-222-2222. " This is a transactional/relationship message. T or F

True

Their is not a specific location such as the body, footer or header that an email must be labeled as advertisement under CAN SPAM. T or F

True

True or False Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $43,792

True

Can unborn babies be affected by lead based paint? If so, how?

Yes, babies can be born prematurely and with health conditions and defects

Mary Jones is registered on the Do Not Call registry. She listed her house with Fred Cox who works for Really Good Realty for a 3 month period on February 5th. Unfortunately, it did not sell and Mary took it off the market. In April of the next year, Fred wants to call her to see if she is interested in relisting the property for sale. May he?

Yes, because Fred is calling Mary within the 18 months allowed by the Do Not Call legislation

Julia is a single woman and is interested in buying a home. She is looking at houses in an older neighborhood where most of the homes were built in the 1950's. Does any licensee working with Julia need to give her a copy of Protect Your Family From Lead in Your Home ?

Yes, if she makes an offer on a home built before 1978

As an agent what are the DNC conditions on contacting a FSBO who is registered on the DNC list?

You may only discuss your clients interest, not solicit the listing.

Whats the name of the booklet a buyer must be given to educate them on lead?

"Protect Your Family From Lead in Your Home"

How much is the fine for violating the Do Not Call registry rules?

$11,000

True or False, You have to include your phone number in commercial emails to be CAN SPAM compliant

False

Under CAN SPAM phone numbers must be displayed on email. T or F

False

Under CAN SPAM you must have a physical address displayed True or False

False

How often is a company required to scrub its no-call list against the National Do-Not-Call Registry?

Every 31 days

How long can you contact the following even if they are on the DNC list? 1. Expired Listing 2. Consumer Inquiry

Expired Listing- 18 months Consumer Inquiry- 3 months

Commercial emails sent to cellphones are exempt from CAN SPAM rules. T or F

False

Once given consent you still have to label messages as advertisement? True or False

False

Behavioral problems, Seizures & Heart Disease can form in children who have been exposed to lead often found in paint. T or F

False, Behavioral problems and seizures can, not heart disease

Health problems lead can inflict in children are... (List 5)

Learning disabilities, seizures, behavioral problems, stunted growth, Low IQ, Anemia

The Lead Pamphlet comes from what government agency?

US Environmental Protection Agency (EPA)