Real Estate Texting: How to Stay Compliant with Updated SMS Laws | Voizee

Real Estate Texting: How to Stay Compliant with Updated SMS Laws

Real Estate Texting: How to Stay Compliant with Updated SMS Laws

Texting is one of the most effective ways to engage leads and clients in real estate, but SMS compliance is critical for protecting your business and reputation. With updated CAN-SPAM and TCPA texting regulations, real estate agents and teams need to understand what’s allowed—and what isn’t—when using mass texting platforms like Voizee.

This guide will help you text your real estate leads while staying compliant, building trust, and maximizing engagement.


Mass Texting in Real Estate: Consent is Key

Before sending mass texts to leads, you need express written consent for any message that promotes your services or seeks new business. This is a requirement under TCPA and CAN-SPAM regulations.

What counts as consent:

  • Opt-in through website forms

  • Texting a keyword to join a list (e.g., “Text HOME to 12345”)

  • Written agreements authorizing SMS communication

Without explicit consent, avoid sending promotional texts to prevent fines and protect your SMS trust score.


Open House Invitations

Sending open house invitations to neighbors is typically seen as informational rather than direct solicitation, which may be permissible. However, it is best practice to seek prior consent or limit these texts to those who have opted in to receive updates.


Texting FSBOs and Expired Listings

What is FSBO?
FSBO stands for “For Sale By Owner,” where homeowners list and sell their property without using a real estate agent.

Texting FSBO Listings:
When owners publicly list their phone numbers with a FSBO property, this can act as implied consent for inquiries about the property. However, texts should focus on the property rather than promoting your services unless you have explicit consent.

Texting Expired Listings:
Reaching out to expired listings, where your prior relationship through the MLS exists, is generally acceptable. Keep these messages professional and property-related, avoiding unsolicited promotion without permission.


Managing Opt-Outs: A Legal Requirement

If someone replies with “STOP” or asks to opt out, you are legally required to stop texting them within 10 days. Voizee simplifies this process with automatic opt-out management, helping you stay compliant and maintain your trust score with carriers.


Texting Past and Current Clients: Transactional vs. Promotional

You can send transactional and informational messages to past and current clients without additional consent. Examples include:

  • Appointment reminders (“The inspection is scheduled for tomorrow at 10 AM.”)

  • Document updates (“Your paperwork is ready.”)

  • Transaction updates related to the client’s active deals

Avoid sending promotional content without express written consent, even to existing clients.


Best Practices for Real Estate Texting

To text effectively — and stay compliant — keep these best practices in mind:

  • Always obtain consent before sending mass or promotional texts (via web forms or paper documents).

  • Be clear about the purpose of your message, whether it’s an open house invite or a promotional offer.

  • Include a clear and easy opt-out option in every message (e.g., “Reply STOP to unsubscribe”).

  • Honor opt-out requests immediately.

  • Use transactional texts for essential client updates and communications.

  • Clearly identify your business name in every message.

  • Respect quiet hours: avoid sending texts before 8 a.m. or after 9 p.m. in the recipient’s local time zone.

  • Keep your message focused with one clear call-to-action.

  • Use a trusted A2P platform like Voizee to ensure compliance and reliable delivery.


Good to Know

Before launching campaigns, make sure you’re aware of important compliance resources:


How Voizee Helps You Stay Compliant

Voizee’s real estate texting platform includes built-in compliance tools:

  • Keyword opt-ins and list management

  • Automatic opt-out handling

  • Lead segmentation to target only contacts with proper consent

  • Mass texting workflows that ensure opt-in and opt-out management

  • Tracking and reporting for compliance documentation

By following these best practices with Voizee, you can confidently use SMS to engage leads, nurture clients, and grow your real estate business while staying compliant.


Ready to Text Smarter in Real Estate?

Start using Voizee to run compliant, effective SMS campaigns for your real estate business today.

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