When texting an heir requires express written consent

Initial text replies versus ongoing communication

When a homeowner, including an heir, replies to an initial text message, that usually establishes implied consent for further communication related to that specific inquiry. This covers your first few follow-up texts or calls.

However, this implied consent is typically limited in scope and duration. It does not give you carte blanche to engage in extensive, varied, or prolonged marketing communications without further explicit permission.

Shifting from property inquiry to broader marketing

If your communication shifts from discussing the specific property the heir initially inquired about to broader marketing messages, like promoting other services or unsolicited offers for different properties, you are likely entering a zone requiring express written consent. The initial implied consent does not cover this.

Any text that is clearly promotional in nature, beyond the scope of the original property interest, should be considered as needing a higher level of consent. This is not legal advice; consult with a legal professional for specific guidance.

When an heir indicates they are not the primary decision maker

An heir might reply initially but then state that he or she is not the primary decision-maker, or that other heirs need to be involved. While you have a reply, your implied consent might not extend to continued, direct marketing with this individual if they are not the main point of contact.

If you want to continue communicating directly with an heir who has indicated a secondary role, you should seek express written consent. This clarifies their willingness to receive messages, even if they are not the final say on the property.

Reaching out to other heirs or co-owners

If your initial text was to one heir, and you discover there are multiple heirs or co-owners, your implied consent only applies to the individual who replied. You do not automatically have consent to text the other heirs.

To text other heirs, you need their individual consent. This may involve obtaining express written consent from each one, especially if they are not directly participating in the initial conversation. Again, this is not legal advice.

Documenting consent for future protection

If you plan any ongoing or broader communication with an heir beyond the initial transaction-specific dialogue, obtain express written consent. This could be an email, a web form, or a clear text reply specifically granting permission.

Keep meticulous records of all consent. Should any dispute arise, you need to prove that the heir explicitly agreed to receive your messages. This is your protection against potential compliance issues.

Important disclaimer

This information is for educational purposes only and is not legal advice. The rules around texting and consent are complex and vary by jurisdiction. Always consult with a qualified legal professional to ensure your specific practices are compliant with all applicable laws and regulations.