A text message is the most reliable way to reach a buyer after an open house. People read texts. They answer texts. An email sits unopened while your best lead books a showing with the agent who followed up first. So texting works. The catch is that texting is regulated, and open house follow-up sits right in the middle of the rules that trip agents up. The good news: the rules are learnable, and once you set up your sign-in the right way, staying on the right side of them is mostly automatic.
Here is what you actually need to understand before you send a single message.
The two kinds of texts, and why the difference matters
The TCPA (Telephone Consumer Protection Act) treats two kinds of messages very differently, and almost every mistake agents make comes from blurring the line between them.
Transactional and informational texts
These are messages that respond to a specific inquiry or handle the logistics of something the person already asked about. Replying to a buyer's question about the house they toured, confirming a showing appointment, or sending the info they requested all fall in this bucket. These have a lower bar to clear because the person reached out to you about that specific thing.
Marketing and promotional texts
These are messages designed to promote. A blast about a new listing, a price-drop alert, a "just listed in your neighborhood" campaign, an invitation to your next open house. Marketing texts require prior express written consent, often shortened to PEWC. That means a signed agreement (an electronic opt-in or e-signature counts) that clearly authorizes marketing texts, includes the person's phone number, and states that agreeing is not a condition of buying anything. If you plan to text past visitors about future listings or events, this is the standard you have to meet.
The practical takeaway: follow-up about the house someone actually asked about is one thing. Ongoing promotional texting is another, and it needs a real written opt-in.
Why a name on a paper sign-in sheet is not marketing consent
This is the part most agents get wrong. When a visitor writes their phone number on your clipboard, that is generally not, by itself, written consent to send them marketing texts. It can support transactional follow-up about that specific visit and inquiry. It does not, on its own, authorize you to add them to a promotional texting list.
To send marketing texts, you need an explicit written marketing opt-in. That means a clear checkbox and a plain-language disclosure at the moment they sign in, stating that they agree to receive marketing texts and that agreeing is not required to buy or tour a home. A scribbled number on a sheet does not capture any of that, and it leaves you with no record that consent was ever given.
How to capture PEWC the right way at sign-in
The fix is to build consent into the sign-in itself, so it is collected correctly every single time without you having to remember. A compliant capture has three parts:
- A clear checkbox for marketing texts, kept separate from the required transactional agreement, so the visitor is making a real choice rather than being opted in by default.
- A plain-language disclosure right next to it: what they are agreeing to (marketing texts from you), that message and data rates may apply, how to opt out, and that consent is not a condition of purchase.
- A timestamped audit trail that records exactly what the person agreed to and when, so you can prove consent later if you ever need to.
That last piece matters more than agents expect. Consent you cannot prove is consent you may as well not have. A record that shows the date, time, phone number, and the exact language the person agreed to is what protects you.
Honoring STOP and opt-outs
Every marketing program has to make it easy to opt out, and you have to honor those opt-outs. At a minimum that means responding to STOP by removing the person from your texts, and responding to HELP with basic info about your messages.
You also cannot rely only on the exact keyword. Under the FCC revocation rule that took effect on April 11, 2025, a person can revoke consent by any reasonable means, and you have to honor that opt-out within 10 business days. If someone replies "please stop texting me" in plain language instead of typing STOP, that counts. Treat any clear request to stop as a request to stop.
Quiet hours
Timing is regulated too. Federal rules restrict marketing messages to the window between 8:00 a.m. and 9:00 p.m. in the recipient's local time zone (47 C.F.R. § 64.1200(c)(1)). If your buyer is two time zones away, it is their clock that counts, not yours. Some states are stricter. Florida and Oklahoma, for example, cut off at 8:00 p.m. Stay inside the window even when you have valid consent. Consent is not a license to text at any hour.
A2P 10DLC, in plain English
If you are texting leads through software or a CRM from a regular 10-digit phone number, there is one more piece you need: A2P 10DLC registration. A2P means "application-to-person" (messages sent through an app or platform rather than typed by hand on your personal phone). 10DLC means "10-digit long code" (a standard local phone number).
To send business texts through a platform, carriers require you to register your brand and your campaign. Since February 2025, the major carriers block unregistered A2P traffic, which means unregistered messages can silently fail to deliver. Registration is separate from whatever texting tool you use, so it is a step you handle regardless of platform. If your messages are not landing, this is one of the first things to check.
A short compliance checklist
Before you send follow-up texts from an open house, run through this:
- Separate transactional follow-up (about the house they asked about) from marketing texts (promotions, new listings, future events).
- For marketing, collect prior express written consent: a clear checkbox, a plain-language disclosure, the phone number, and a statement that consent is not required to buy.
- Keep a timestamped record of what each person agreed to and when.
- Honor STOP and HELP, and honor plain-language opt-out requests within 10 business days.
- Only send marketing texts between 8:00 a.m. and 9:00 p.m. in the recipient's local time, and follow any stricter state cutoffs.
- Register for A2P 10DLC (brand and campaign) if you text through software from a 10-digit number.
- Confirm your own state's rules, because some add requirements on top of the federal ones.
One more reminder on the legal side
This checklist is a starting point, not a legal opinion. The TCPA carries real penalties: $500 per violation, up to $1,500 per message for willful or knowing violations, and a private right of action that lets consumers sue directly (47 U.S.C. § 227(b)(3)). Some states layer on their own penalties through what are often called mini-TCPA laws. That is exactly why the safe move is to set up consent correctly from the first sign-in and to confirm the specifics for your state with an attorney.
How OpenHouseHQ helps you stay compliant
OpenHouseHQ is built to make the compliant path the default path. Visitors sign in on their own phone by scanning your branded QR code, then give consent with two taps: a required transactional agreement and a separate, optional marketing opt-in. Every consent is captured with a timestamped audit trail, so you have a record of exactly what each visitor agreed to and when. When someone texts STOP, the opt-out is handled for you automatically. It does not replace legal advice, and no tool can guarantee compliance, but it takes the pieces most agents forget and builds them into the sign-in so they happen every time. You can start free, with no credit card.
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