Understanding the CAN-SPAM Act

The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing) is a U.S. law that regulates commercial email messages. It applies to any message where the primary purpose is to promote a product, service, or business opportunity—including homes for sale, real estate services, or agent promotions.

Violating CAN-SPAM can lead to fines of up to $51,744 per email—so it’s critical to follow the rules.

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Key CAN-SPAM Rules for Real Estate Emails

Whether you’re emailing one prospect or a full mailing list, here’s what you need to do to stay compliant:

1. Don’t Use False or Misleading Info

• Your “From” name, email address, and domain must clearly identify you or your business.

• Example: Use your name or your brokerage name—not something deceptive or unclear.

2. Use Honest Subject Lines

• The subject line must accurately reflect the content of your message.

• Bad: “You’ve Won a Free Home!”

• Good: “New Listing: 3-Bedroom Home in Scottsdale”

3. Identify the Message as an Ad

• You must clearly and conspicuously disclose that your message is an advertisement or a promotional offer—unless it’s transactional (like a client update or closing info).

• This can be subtle but must be present (e.g., “This message contains promotional content.”).

4. Include Your Physical Business Address

• Every email must include a valid physical postal address.
  This can be:

  • Your office address

  • Your brokerage’s physical location

  • A registered P.O. box (not a virtual mailbox)

5. Provide a Clear Opt-Out Option

• You must include an unsubscribe link or instructions that allow recipients to opt out of future emails easily. We use shortcode {{contact.unsubscribe}} to insert the unsubscribe link.

• The opt-out must be:

  • Easy to find

  • Easy to use

  • Honored within 10 business days (we automatically take care of unsubscribing your clients from future emails if they use the unsubscribe link within the emails, however if they send you a personal email asking to be removed you will have to do this by going into their contact and changing the drop-down to unsubscribed).

6. Respect Opt-Outs Promptly

• Once someone opts out, you cannot email them again, unless it’s transactional or legally required (e.g., for closing docs).

• You cannot sell or transfer their email address after they’ve unsubscribed.

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Special Considerations for Real Estate Agents

Many agents work independently under a larger brokerage. Make sure:

• Your email branding and sender information clearly reflect your role and company.

• You don’t assume compliance just because you’re using tools like Mailchimp or CRM platforms. You’re still responsible for how you use them.

If you’re sending messages on behalf of a team, brokerage, or referral partner, make sure everyone involved is aware of CAN-SPAM responsibilities.

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How Reluxity Helps

At Reluxity, we support agents and real estate businesses by integrating compliance best practices into your digital marketing strategies. Whether you’re setting up automated email campaigns or manually reaching out to leads, we can help:

• Review your email templates

• Ensure your CRM or automation tool meets opt-out requirements

• Guide you through list segmentation and audience targeting

• Offer branding and compliance audits

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Final Thoughts

Email is one of the most effective marketing tools in real estate—but only if it’s done right. Following the CAN-SPAM rules protects your business, builds trust, and keeps your marketing clean and professional.

If you have questions or want to review your current campaigns, reach out to your Reluxity account manager—we’re here to help.