Brokers must keep electronic communications, including texts, emails, tweets, and the like, as part of their record retention requirements. This was the reminder recently issued by the Bureau of Real Estate (BRE) in its Spring 2013 Real Estate Bulletin (pages 2 and 8).
As background, BRE licensing rules require real estate brokers to retain for three years copies of any documents executed or obtained by him or her in connection with real estate licensed activities (see California Business & Professions Code § 10148). Although texts, emails, and tweets are arguably not “documents,” the BRE’s position is that electronic communications are part of a broker’s record retention requirements. To support its position, the BRE points out that, “courts have found that electronically generated writings are ‘documents’ and are discoverable under the same rules that pertain to written materials.” The BRE also reminds agents that retaining and maintaining electronic communications often helps to protect agents against unwarranted allegations.