Compliance

Can you text a property heir if he or she is not the primary contact?

Navigating communication with heirs requires careful attention to consent rules, especially when the person you are contacting is not officially listed as the primary point of contact for the property. Generally, you need explicit consent from any individual before sending him or her text messages, regardless of his or her status as a primary contact or simply an heir.

November 9, 2026 · 3 min read

Why primary contact status matters for texting

When you identify an heir as a potential seller, his or her status as a 'primary contact' often relates to public records or how he or she has historically interacted with the property. This designation helps organize records but does not inherently grant or deny consent for marketing communications. For texting, the critical factor is whether the individual has given his or her consent to receive messages.

Compliance regulations focus on the individual recipient's consent, not a property's designated primary contact. If you text someone without his or her permission, regardless of whether he or she is the 'primary' heir or not, you could face compliance issues. Always assume individual consent is required.

Obtaining consent from an heir who is not primary

You need to get clear consent from the individual heir himself or herself. If you have a phone number for an heir who is not the primary contact, your initial outreach should be carefully worded to ask for permission to communicate. A simple 'Are you open to discussing the property via text?' after an initial introductory message can suffice.

Sometimes, an heir who is not the primary contact might be the most motivated or easiest to reach. Do not let the 'non-primary' label deter you from seeking consent. The process for obtaining consent remains the same for any individual you intend to text.

What to do if another heir opts out

If one heir opts out, that request applies to him or her specifically. You should cease texting that individual immediately. This opt-out does not automatically extend to other heirs, even if they are related or share the same property.

However, it is wise to be cautious. If the situation suggests that other heirs might also prefer not to be contacted, consider pausing all communication or switching to a different method like a direct letter. Respecting opt-outs broadly can prevent further issues.

Documenting consent and communication

Maintain clear records of all communication and consent obtained. This includes the date and time an heir provided consent, or when he or she opted out. A good CRM can help you track these interactions for each individual contact.

Proper documentation protects you if questions about consent arise. It shows you are making a good faith effort to comply with regulations. Keep a record of the original text message that prompted the lead, if applicable, and any subsequent consent affirmations.

This is not legal advice.

This content provides general information and is not legal advice. Compliance laws for contacting consumers, especially via text, are complex and vary by jurisdiction. You should consult with a qualified legal professional for advice tailored to your specific situation and business practices.

Understanding the general principles helps, but specific legal guidance is crucial for navigating these rules effectively. Do not rely solely on generalized information for legal compliance.

Questions people ask

What if I only have a phone number for a non-primary heir?

If you only have a phone number for a non-primary heir, you still need his or her explicit consent to text. Your first message should identify who you are and respectfully ask if he or she is open to communicating about the property via text.

Does the owner's consent extend to all heirs?

No, consent is typically specific to the individual who provides it. If you have consent from the property owner, it does not automatically extend to all heirs. Each heir you wish to text needs to provide his or her own consent.

How do I document consent if it's verbal?

If an heir gives verbal consent, you should immediately document the conversation in your records, including the date, time, and specific words used. Follow up with a text message confirming the verbal consent and offering an easy way to opt out, creating a written record.

What if the heir is unreachable through official channels?

If an heir is unreachable through official channels, you need to exercise caution. Texting him or her requires consent, which can be hard to obtain if he or she is unresponsive. Consider alternative outreach methods like direct mail if texting is not viable or compliant.