Can you text a real estate lead in Canada?
Yes, if you have consent, identify yourself and make it easy to opt out. Canada's Anti-Spam Legislation (CASL) covers commercial text messages, and a person who makes an inquiry gives implied consent for six months. In Ontario and Alberta, your real estate regulator also expects your brokerage to be clearly named when you promote your services.
This post is general information, not legal advice. Talk to your broker of record, your brokerage's compliance contact or a lawyer about your own situation.
Does CASL apply to text messages?
Yes. CASL defines an electronic message as a message sent by any means of telecommunication, including a text message. A text that encourages someone to take part in a commercial activity, such as booking a showing or listing a home, is a commercial electronic message. It needs consent and must include certain information.
Live two-way voice calls are treated differently under CASL (section 6(8)). This post is about texts.
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When do you have consent to text a lead?
CASL allows express consent, where the person clearly agrees, and implied consent in certain situations. Two matter most for real estate teams:
- An inquiry: implied consent lasts six months from the person's inquiry or application (section 10(10)(e)).
- A purchase or contract: implied consent lasts two years from the deal (section 10(10)(a)).
What happens when the consent window ends?
After those windows close, you need express consent to keep sending commercial texts. That is why it helps to ask early and plainly whether the person wants to keep hearing from you, and to keep a record of the answer. Under CASL, the person who says they had consent has to prove it (section 13).
One exception is worth knowing. A message that only gives a quote or estimate the person asked for is exempt from the consent requirement (section 6(6)). It still needs the identification and unsubscribe details below.
Texting people who never contacted you, such as a bought or scraped list, is a different situation. The inquiry-based consent described here does not cover them.
What must every commercial text include?
Under section 6(2) of CASL, a commercial message must identify who sent it (and on whose behalf, if someone sends it for you), give contact information so the person can reach the sender, and include an unsubscribe mechanism that costs the person nothing.
A common way to handle this in a text is a short line such as "Reply STOP to opt out", along with the agent's and brokerage's names. CASL requires an unsubscribe request to take effect within 10 business days (section 11(3)), and the unsubscribe address must stay valid for at least 60 days after the message is sent (section 11(2)). In practice, a good setup stops texting the moment someone replies STOP, and records it so no one on the team texts them again by mistake.
Do texts need your brokerage name in Ontario and Alberta?
In Ontario, RECO's Bulletin 5.1 on advertising requirements says all advertising must include the name of the brokerage, agents must not advertise unless the brokerage is clearly and prominently identified, and short forms and nicknames must not be used. RECO's definition of advertising includes publication on the internet, including websites and social media.
In Alberta, section 53(a) of the Real Estate Act Rules says associates and associate brokers may trade in real estate only in the name on their licence and in the name of the brokerage they are registered with. RECA's advertising page says advertising must clearly identify the licensee and their brokerage.
Neither page names text messages. A promotional text to a lead is close to the same kind of communication, so the cautious approach is to name the agent and the brokerage, exactly as registered, in every automated text. Confirm with your broker of record.
What does a careful first text look like?
Here is an illustrative example, with a made-up lead, agent and listing:
"Hi Jordan, it's Sam Lee with [Your Brokerage Name]. Thanks for asking about 42 Maple. It's still available. Would Saturday at 11 or Sunday at 2 work for a showing? Reply STOP to opt out."
It answers the question, names the agent and the brokerage, offers a next step, and gives an easy way out. Messages like this should be written with the team, approved by the broker where required, and sent only to people who contacted the team.
Questions
Do I need consent to reply to someone who asked about a listing?
Their inquiry gives implied consent under CASL for six months from the inquiry. Your messages still need to identify you and include a way to opt out. For anything unusual, ask your brokerage or a lawyer.
What should happen when a lead replies STOP?
Stop sending them commercial texts. CASL allows up to 10 business days to put the request into effect, but a good setup stops at once and records the opt-out.
Can I keep texting past clients?
A past client who bought or sold with you gives implied consent for two years from the deal. After that, you need their express consent to keep sending commercial messages.
Want a second look at the texts your team sends today? Book an AI Review. We look at whether your messages name your brokerage, how opt-outs are handled and what happens after the six-month window, and you pick the three jobs you'd most like to take off your plate. It's a short screen share, and you leave with a short written summary of your top three. It isn't legal advice.
Sources
Brendon Bellerose, founderToronto, Ontario