REAL ESTATE GUIDE

Real Estate Lead Texting Compliance

Navigate TCPA express written consent requirements while meeting TCR registration standards for lead follow-up and property alerts.

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Real Estate Messaging Compliance Landscape

Real Estate organizations deploying SMS campaigns face 3 overlapping regulatory frameworks requiring simultaneous adherence:

TCPA (Marketing Consent)

Requires express written consent for marketing texts. "Just checking in" is considered marketing.

NAR Ethics Code

Standard of Practice 10-1 prohibits unsolicited communication without clear identification.

State Real Estate Laws

Many states have specific rules about identifying brokerage in every electronic communication.

Violation Risk: Real Estate violations combine TCPA (Marketing Consent) penalties ($1,500 per message) with carrier-level traffic blocking and sender suspension. Non-compliance exposes organizations to class-action litigation and regulatory enforcement actions.

Real Estate-Specific Compliance Requirements

Real Estate SMS programs require 3 compliance controls addressing TCPA (Marketing Consent) mandates and carrier policies:

  1. 1

    Open House Consent Capture

    Sign-in sheets must include explicit SMS opt-in checkbox. "Signing in" does not grant permission to text.

  2. 2

    Lead Form Disclosures

    Website forms must have unchecked "I agree to receive SMS" box with links to Privacy Policy and Terms.

  3. 3

    Brokerage Identification

    Every initial text must identify the agent and the brokerage firm to meet license law requirements.

Consent Management for Real Estate

Real Estate requires distinct consent because buying leads does not equal consent to text. Third-party lead forms (Zillow, Realtor.com) often fail to provide TCPA-compliant opt-in for the individual agent.

Required Consent Elements

  • Clear disclosure: "I agree to receive property updates via SMS"
  • Frequency: "Message frequency varies"
  • Rates: "Msg & Data rates may apply"
  • Opt-out: "Reply STOP to unsubscribe"

Carrier Use Case Selection

For most agents, the "Marketing" or "Mixed" use case is required. "Conversational" is rejected if you send property alerts or open house invites.

Implementation Roadmap

Real Estate organizations achieve compliant SMS operations in 2 weeks through phased deployment:

Phase 1: Consent Infrastructure

Deploy Real Estate-specific consent capture mechanisms with required TCPA (Marketing Consent) disclosures.

Phase 2: TCR Registration

Complete brand vetting with Brokerage License. Submit campaigns under Mixed category.

Phase 3: Monitoring & Audit Readiness

Implement consent logging, opt-out processing, and Lead Form auditing.

Simplify Real Estate SMS Compliance

MyTCRPlus Real Estate Compliance Kit includes pre-validated consent templates, TCR campaign configurations, and audit-ready documentation libraries.

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Real Estate Compliance FAQ

Do Real Estate businesses need separate consent for SMS?
Yes. Buying a lead or receiving an email inquiry does NOT automatically grant consent for SMS marketing under TCPA. Explicit opt-in is required.
Which TCR use case applies to Real Estate messaging?
"Mixed" or "Marketing" are recommended. "Conversational" is often rejected because property alerts are considered promotional.
What are the penalties for Real Estate SMS violations?
Penalties can reach $1,500 per message under TCPA, plus potential license suspension from state real estate boards for unethical communication practices.
Can Real Estate use standard TCPA consent language?
Mostly yes, but you must also include your Brokerage Name to comply with state advertising laws.
How long must Real Estate retain consent records?
4 years is the statute of limitations for TCPA claims.

Real Estate Resources

Real Estate Playbook

Lead texting compliance guide

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Use Case Selector

Find optimal TCR category

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Real Estate Solution

Complete compliance package

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Legal Disclaimer: This content provides general information about Real Estate SMS compliance requirements and does not constitute legal advice. Compliance obligations vary based on business model, message content, recipient jurisdiction, and applicable federal/state regulations. Organizations should consult qualified legal counsel for guidance specific to their messaging programs. MyTCRPlus does not provide legal advisory services or regulatory representation.