Oh to Be an Email, in Your Real Estate File

The Story Your File Is Already Telling

By Summer Goralik

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Oh to be an email, in your real estate file. Truth be told, it’s like a fly on the wall. I am head-down. I am reading all of your emails and texts, line for line, and it’s got me thinking.

But wait—before I can go there, I need to do something. In skateboard lingo (for any Tony Hawk fans out there), I have to do a bit of a 180 alley-oop to start this piece, but I promise I’ll land it and bring us back full circle.

I used to feel humiliated when I told people I dropped out of law school. If you didn’t know, well, you know now.

It was one of those facts I quietly tucked away, usually delivered with a half-uncomfortable smile and a quick explanation, as if I needed to justify it. I dropped out on day three. Yes—three.

There were cold feet, a fair level of exhaustion, and a heaping tablespoon of uncertainty involved. I remember the disappointment vividly. My parents were crushed. My then-boyfriend, now husband, was crushed too. Apparently, I managed to derail everyone’s dreams in under a week. Nice work, Summer!

But there was something else weighing on me during that time period. Law school alone had already put about $50,000 in student loans in my name, on top of my existing student debt. The reality of compounding that further, before I was certain the path was right for me, mattered more than I expected.

In that moment, it felt like failure. Now, I wear it like a badge, as it marks an important chapter in my career journey.

Because the part I didn’t see coming at the time—without intending to brag, just telling the story here—is that I’ve been helping attorneys prove their cases since 2008. As a Special Investigator. As an Economic Crimes Investigator. As a consultant and expert witness.

I may not have finished law school, but I’ve spent close to two decades working in a very legal space, enforcing laws, analyzing evidence, and watching firsthand how cases are built. And yes, how they fall apart. So mom. Dad. Yes. I work in law. Just from a different corner of the room.

To be clear, leaving law school? Best decision I ever made.

What years of investigative and compliance work have taught me, far more than any classroom ever could, is that cases are rarely won or lost on grand moments. They’re built, piece by piece, through transaction records, timelines, and written communications. It’s a reconstruction of sorts. More often than not, that reconstruction starts with what was put in writing.

And the smoking gun? In real estate, nothing captures that better than emails and texts. They’re the electronic underbelly of the file, telling the story whether you want it told or not.

With that, we are back, and away we go.

The Power Sitting Quietly in Your File

There is something I wish every real estate professional truly understood: emails hold an extraordinary amount of power.

They’re written casually, at times quickly, sometimes emotionally, and in many cases without the expectation that anyone else will ever read them. But when something goes wrong, and anyone who works in real estate knows the odds—when a deal collapses, a complaint is filed, or a regulator gets involved—those emails become the loudest voice in the room.

What you write will be read. Not just by your client, or the other agent, or your broker, but by investigators, attorneys, expert witnesses, hearing officers, and sometimes judges. Long after the transaction has closed, memories fade, and intentions soften.

In other words, when “things” hit the fan (you get my drift), emails don’t whisper. They have the power to testify.

And much like my favorite era of music—pulled straight from my classic-rock heart and inspired by All Along the Watchtower—emails have a way of standing tall above a transaction or a dispute, documenting everything as it unfolds. While people talk, explain, and sometimes talk themselves into corners, the written record becomes the witness.

California Doesn’t Treat Emails as Optional

In California, this isn’t philosophical preaching. It’s statutory.

All electronic messages related to a real estate transaction, except those of an ephemeral nature, must be retained by the broker. Emails. Text messages. Electronic communications that document licensed activity.

Investigators routinely ask for them. And unfortunately, brokers from time to time tell me, “I’m not doing that.”

Some say they rely on their agents to retain emails and texts. That the agents “have them somewhere.” That they can pull them if needed. True story.

But that doesn’t work. Sorry.

Record retention is not something you can delegate, cross your fingers, and hope turns out fine. From a regulatory standpoint, that isn’t a defensible system. It’s a gaping hole that needs to be fixed.

Yes, Put It in Writing—Just Be Thoughtful About What

Now, let me be crystal clear, like a pretty champagne flute on New Year’s Eve. Documenting what happens in a transaction is best practice. Cheers!

Attorneys say it all the time, and they’re right. You’ve probably heard the legal mantra: follow up oral conversations with an email. Confirm what was discussed and when. Make sure everyone is aligned. Create a clear written record of disclosures, instructions, and decisions. That kind of email can save you.

What causes problems is everything else: the unnecessary commentary, the emotional venting, the sarcastic asides, the messages that add color but no value.

I once reviewed a file where an agent referred to their own client as “stupid” in an email. For all to see.

My eyebrows went up before I could stop them. Yikes. That email didn’t need interpretation or cross-examination. It did the work all by itself.

Where I Look First Now

Fun fact: when I review files today as an expert witness, people usually assume I start with contracts and disclosures.

I will get there. Of course I will. But first, I make a beeline for the emails and texts.

Emails tell me the underlying story of the transaction. They’re the soundtrack to the file, revealing what was said, what wasn’t said but should have been, what was misunderstood or ignored, and what was assumed.

They bring conversations back to life—conversations that otherwise would have existed only in memory, without witnesses.

When both the agent and the client are on the same email thread, and that same record is held by each party, the narrative becomes far less gray and much harder to dispute.

Sometimes, uncomfortably so.

And as a nod to cheese, which I love too much, where the rest of the file might look like Swiss cheese with holes everywhere, emails can magically stitch those holes together into something far more complete.

Just Show Me the Emails

And this is why recent litigation in our industry caught my attention.

In reviewing reporting tied to litigation involving Compass, what stood out to me wasn’t the existence of a platform policy or a competitive dispute. It was a compliance reminder for brokers that internal emails, once public, become central to evaluating how guidance, risk, and supervision are communicated throughout an organization, from the ground level to leadership.

That’s certainly not unique to Compass. But it is instructive. And as with any litigation, those facts will ultimately be tested in court.

Emails don’t editorialize or spin. They give us the brass tacks. They can show what agents thought, what they were told, and whether risks were meaningfully discussed. More importantly, they reveal whether client-facing consequences were fully understood at the time decisions were made.

Which brings me to private listings (sorry, I have to).

Amid all the debate around private listing networks, seller choice, exposure, portals, and strategy, I find myself thinking one thing: just show me the emails.

I want to see the communications between the listing agent and the seller about the decision to keep the listing underground. Who raised the idea? Was it a sales pitch, and if so, what were the selling points? What questions were asked, and how were they answered? What risks were discussed? What alternatives were explained?

Did the seller request a private listing, or was it suggested? Was reduced exposure addressed? The possibility of fewer eyeballs, less competition, fewer offers?

If dual agency was more likely, was that discussed in a material way? Did the seller understand what that could mean in practice?

If I can’t be a fly on the wall for those conversations, no problem. I can read them in the emails. And if not the emails, then the text messages, which agents sometimes rely on heavily, perhaps thinking there’s less exposure there.

There isn’t.

The electronic story, which some consumers diligently hold in their pockets, can suddenly change the tune altogether, upping the ante in ways few anticipate.

This Is Not Your Fate

This is the part where I close up shop on a semi-positive note and share the message I most want brokers and agents to hear.

Thoughtful, well-written emails—those that document the beauty of real estate compliance—can close a case early. They can clarify misunderstandings, demonstrate disclosures, and show informed consent. I’ve seen emails shut down investigations swiftly. Game over, in fact. That’s a powerful outcome.

But here’s the catch. Careless emails can do the opposite just as fast. They can put you squarely in the hot seat of enforcement, where your statements to the government, or to a jury, are surgically cross-checked against what you already put in writing.

Oh to be an email in your real estate file, standing sentinel as the watchtower over your deals and your agents, recording the undercurrent of what was really said and how things actually went down. Brokers and agents, hear me when I say this: be mindful.

And California brokers, if you are not retaining emails and texts in a centralized, supervised system, let’s make 2026 the year that gets corrected. Pronto.

Because when the story of your transaction is told, it will be told loudly, in writing, to a broader audience, whether you intended it that way or not.

To borrow a few final truths from Bob Dylan, as if I were sitting across from a broker talking through a problematic email or a much-needed new policy:

“But you and I, we’ve been through that.

And this is not our fate.

So let us stop talking falsely now.

The hour’s getting late.”

NOTE: The opinions and recommendations expressed in this article are based on Summer Goralik’s experience as a real estate compliance consultant and former investigator for the California Department of Real Estate. They are provided for informational purposes only and should not be construed as legal advice. Readers should consult with their brokerage and/or qualified legal counsel in their jurisdiction for guidance on specific situations.

About Summer

Summer Goralik is a Real Estate Compliance Consultant and licensed Real Estate Broker (#02022805). Summer offers real estate brokers a variety of consulting services including assistance with California Department of Real Estate investigations and audit preparation, mock audits, brokerage compliance guidance, advertising review, and training. She helps licensees evaluate their regulatory compliance and correct any non-compliant activities. Summer has an extensive background in real estate which includes private sector, regulatory and law enforcement experience. Prior to opening her consulting business in 2016, she worked for the Orange County District Attorney's Office as a Civilian Economic Crimes Investigator in their Real Estate Fraud Unit. Before that, Summer was employed as a Special Investigator for the DRE for six years. Among many achievements, she wrote several articles for the DRE, which still live on the Department's website today. Prior to her career in government and law enforcement, Summer also worked in the escrow industry for nearly five years. For more information about Summer's background and services, please visit her website.

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