Compliance

Maintaining text consent records for properties with new heirs

Maintaining accurate text message consent records for properties with new heirs is critical because ownership and contact permissions can change. You must ensure you have valid consent from each current legal owner before sending any messages.

October 31, 2026 · 3 min read

Understanding consent and heirship changes

When a property transfers ownership, especially through inheritance, the consent to receive text messages often does not transfer automatically. If your initial text outreach was to a deceased owner, and now new heirs are involved, their consent is paramount. You cannot assume a new heir gives consent just because the previous owner did, or because he or she is now an owner.

Each heir who will be receiving texts must provide his or her own, clear consent. This often means you need to identify all relevant heirs and approach them individually or collectively to establish new communication permissions.

Documenting initial consent clearly

For any lead you receive, including those from Speed to Seller, ensure you have a clear record of how consent was obtained. This might be the text message reply itself, indicating interest in selling. When dealing with properties where heirship is a possibility, record not only the consent but also the identity of the person who gave it and his or her relationship to the property.

Your records should show who texted you, from what number, and for which property. If the reply was from a family member, but not the owner, this is an important distinction to note for future compliance.

When and how to re-verify consent with new heirs

Once you identify new heirs, your existing text consent may no longer be valid for them. You need to re-verify or obtain new consent. The easiest way to do this is during your initial phone conversation or follow-up text. A hypothetical example: "Hello, we received a text about the property at [address]. Are you [Heir's Name]? We'd like to confirm it's okay to continue texting you regarding the property." If he or she confirms and agrees, document that confirmation.

If you are texting an heir who has not previously opted in, he or she needs to provide express written consent. This means a clear affirmative action, like texting "YES" or replying to your initial message. Simply having his or her number is not enough to satisfy compliance requirements. Remember, Speed to Seller provides replies directly from homeowners, which simplifies the initial consent step.

The importance of updated contact information

As heirs are identified, his or her contact information might differ from the original owner. Update your CRM or lead management system with all new phone numbers, names, and their roles (e.g., "daughter of deceased owner," "co-heir"). Link these new contacts to the property.

Having accurate, current contact details ensures you are always reaching the correct person and can attribute consent appropriately. Incorrect or outdated information can lead to compliance violations if you text someone who has not given consent or has opted out.

Record-keeping best practices for heir-owned properties

Maintain a meticulous record for each property, detailing every contact attempt, opt-in, and opt-out. For heir-owned properties, specifically note which heir provided consent, the date, and the method. If an heir opts out, record that immediately and stop texting that specific number.

This documentation serves as your defense if a dispute arises. Keep these records for at least four years, as some regulations require this. Your system should allow you to quickly pull up the consent history for any given property or contact. For more on cold outreach rules, see /learn/tcpa-and-cold-outreach-basics.

Not legal advice: always seek counsel

The information provided here is for informational purposes only and is not intended as legal advice. Laws and regulations regarding text messaging consent, especially with inherited properties and multiple heirs, can be complex and vary by state. It is always recommended to consult with a qualified legal professional to ensure your practices comply with all applicable laws.

Each situation is unique, and a legal expert can provide guidance tailored to your specific circumstances, helping you navigate the nuances of heirship and consent.

Questions people ask

If one heir opts in, can I text all heirs?

No, generally you need express written consent from each individual heir you plan to text. One heir's consent does not automatically extend to others.

What if I can't confirm all heirs or their consent?

If you cannot confirm all heirs or obtain consent from each, it's safer to avoid texting any unconfirmed or unconsenting heirs. Stick to other communication methods where consent rules are different, like calling, or refer to legal counsel.

How long do I need to keep consent records?

It's recommended to keep text message consent records for at least four years to comply with various federal regulations, but always check specific state laws for longer requirements.