Compliance

How to prove text message consent for a homeowner contact

Proving you have consent to text a homeowner is crucial for compliance and can be tricky if not documented properly. The best way to do this is to keep clear, unedited records of the initial opt-in and any subsequent communications.

October 16, 2026 · 3 min read

Why proof of consent matters

The rules around contacting consumers, especially via text, are there to protect individuals from unwanted communication. If a recipient complains, you need to be able to show that he or she agreed to receive your messages.

Having clear proof of consent isn't just a legal safeguard; it also demonstrates professional practice. It shows you respect privacy and follow established guidelines, which builds trust with potential sellers.

What counts as express written consent?

For text messages, the gold standard is "prior express written consent." This usually means the recipient explicitly agreed in writing to receive messages from you. An example might be ticking a box on a web form or replying to a text with a clear opt-in.

When you buy a lead from Speed to Seller, the homeowner has already texted back, indicating he or she wants to sell his or her house. This initial text is often your best starting point for demonstrating consent, as it's an affirmative action from the seller. For more on these rules, see /learn/tcpa-and-cold-outreach-basics.

Documenting initial text replies

The first text message a homeowner sends you, responding to an inquiry about selling his or her property, is often considered sufficient consent for continued communication directly related to that inquiry. This is because he or she initiated the conversation and expressed interest.

It's important to keep an unedited record of this initial reply. A screenshot or a timestamped log from your communication platform, showing the seller's number and his or her message, serves as your primary evidence. If you’re using a CRM, ensure it automatically logs these interactions.

Handling implied consent scenarios

Sometimes, consent isn't explicitly written but implied by a seller's actions. For example, if he or she calls you and asks for more information, and you then text him or her with that information, that could be considered implied consent for that specific exchange.

However, implied consent is riskier and doesn't hold up as well as express written consent. Always aim for explicit consent when possible, especially for ongoing communication. If you're unsure, ask the seller directly if you can continue to text him or her.

Storing your consent records

Your system for storing consent records needs to be robust. Use a CRM or a dedicated communication platform that automatically logs all inbound and outbound texts with timestamps and recipient numbers. These logs should be easily retrievable.

Maintain these records for at least four years, which aligns with federal statutes of limitation for some consumer protection laws. Don't delete conversations or contact information, even if a deal falls through or a seller opts out. Your ability to work leads depends on good records; see /how-to-work-your-leads.

Not legal advice: consult an attorney

The information provided here is for general guidance only and is not legal advice. Compliance laws, such as the TCPA, can be complex and vary by state and specific situation.

It is always best to consult with a qualified attorney familiar with telecommunications law in your jurisdiction to ensure your specific practices are fully compliant. This helps protect you and your business from potential legal issues.

Questions people ask

If a seller texts me first, is that enough consent?

Yes, generally, if a seller initiates contact by texting you first, especially in response to an inquiry about his or her property, that is considered a strong form of express consent for you to text him or her back regarding that inquiry.

What if they call me and then I text them?

If he or she calls you, he or she has initiated contact. You can text him or her back with information relevant to that call. For ongoing text communication, it's safer to explicitly ask if he or she is okay with texts.

How long do I need to keep these records?

It's a good practice to retain consent records for at least four years to align with the statute of limitations for relevant consumer protection laws. Do not delete them after a deal closes or if a seller opts out.

Does it matter if the property has multiple owners?

Consent typically applies to the individual you are communicating with. If you are communicating with one owner, his or her consent covers your texts to him or her. For communication with other owners, you would ideally seek their individual consent.