While it cannot hurt to include an image or link to the SC Disclosure of Real Estate Brokerage Relationships form in all emails and texts (better than nothing), the law requires having a "meaningful explanation" of the form and the brokerage services with any potential consumer upon first substantive contact.
SCR110 is the form. Place the form into emails because screaltors.org is password protected.
https://screaltors.org/wp-content/uploads/Forms/110.pdf
Augment this disclosure form in email/texts with an included video or a letter that provides a "meaningful explanation" of the brokerage relationships that are offered by her brokerage including an explanation of customer and client services.
Example of a basic "meaningful explanation" (every brokerage would be different depending on their business model):
"My brokerage only provides buyer agency-client level service which will be further explained as we enter into a written buyer agency agreement and license law describes my client level service duties to you as loyalty, obedience, disclosure, confidentiality, reasonable care, diligence, and accounting as set forth in SC real estate license laws that can be read online. My brokerage does not offer seller agency, disclosed dual agency, designated agency, transaction brokerage, nor subagency. Please feel free to ask me any questions about my brokerage’s client services and customer services. You are a customer until you enter into a buyer agency agreement with me. Customers do not receive client services. Customers only receive duties of honesty and protection of the following information only: motivation to buy, top price, and negotiating strategy. I cannot advise customers. I can advise clients and clients have more confidentiality protections than customers."
In the physical world, carry SCR110 with you as paper or images in your phone that you can provide. Provide the SCR110 and a meaningful explanation anytime you discuss real estate with anyone anywhere.
In awkward situations where someone at a restaurant or party tries to engage you in a conversation and the topic of real estate arises, you can also say "I am currently off the clock on real estate but I would happy to schedule an appointment with you to discuss your real estate needs."
SECTION 40-57-370. Duty of licensee to provide disclosure of brokerage relationships; exceptions.
(A) A licensee shall provide at the first practical opportunity to all potential buyers and sellers of real estate with whom the licensee has substantive contact:
(1) a meaningful explanation of brokerage relationships in real estate transactions that are offered by that real estate brokerage firm, including an explanation of customer and client services;
(2) Disclosure of Brokerage Relationships form prescribed by the commission.
Posted by: Byron King on 12/10/19 (This information is only accurate as of 12/10/19. You must contact SCR for updates and changes to this information after 12/10/19 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org)