This answer applies 3 methods from the guide, led by one.
Run a one-week prospecting experiment
Use one audience, one helpful reason to contact them and one manageable follow-up commitment.
- 1Choose a permission-respecting channel the audience already uses.
- 2Offer one useful explanation, comparison or check.
- 3Record the real response, qualified need and agreed next action.
- 4Review the result against time spent and change the premise when evidence is weak.
Hold when: Do not use pressure, fabricated scarcity or bought attention as proof of demand. Reach and activity are not the same as business value.
Read it in Broker Brain →Keep one trustworthy working record
Use the CRM for confirmed identifiers, permission, needs, source dates and next actions.
Read it in Broker Brain →Make the next step observable
Give each instruction, dependency and promise an owner, date and completion test.
Read it in Broker Brain →What the Act covers
The Unsolicited Electronic Messages Act 2007 covers commercial email, text and instant messages. The Department of Internal Affairs, which enforces it, says it does not cover postal mail or phone calls. A message is commercial when it markets or promotes something, and a text offering a property or your services to a buyer or vendor does exactly that. A one-to-one message is still a message, so treat each follow-up text as covered.
The DIA sums up what the Act asks in three steps: consent, identify, unsubscribe. This is general information, not legal advice; if you are unsure about a group of contacts, ask your branch manager or a lawyer before you message them.
Step one: sort your old leads by consent
The Act recognises three kinds of consent. Express consent is a direct yes: a form, a ticked box or a conversation in which the person agreed to hear from you. Inferred consent comes from the person's conduct and an existing business relationship that creates a reasonable expectation of messages; the DIA describes it as applying narrowly. Deemed consent applies to an address someone publishes in a business capacity, which rarely covers a home buyer.
The guide's ‘Run a one-week prospecting experiment’ method starts in the same place: record the source and permission for each contact before you write a word. The DIA also recommends keeping records that show consent was given.
- 01Express consent on record, such as an open home sign-in with a ticked box for similar listings, or a buyer who said “keep me posted”: you may text or email them.
- 02Recent, active relationships, such as a buyer you showed through last month or a vendor whose appraisal you did recently: inferred consent is arguable for messages about that same need. Keep the message about it.
- 03Old enquiries with no recorded consent and no ongoing relationship: leave them out of texts and emails. The older and thinner the relationship, the weaker any argument for inferred consent.
- 04Anyone who has unsubscribed or asked you to stop: never message them again, and make sure nobody else at your agency does.
- 05Enquiries that belong to your agency rather than you: get your branch manager's OK in writing first.
Steps two and three: identify yourself and make stopping easy
Every commercial message must clearly say who sent it and how to contact them, and the DIA says those contact details should stay accurate for at least 30 days after sending. For an agent, that means your name, your agency and a number or email that reaches you.
Every message also needs a working unsubscribe that is free, easy to use and in the same medium. For a text, ending with “Reply STOP to opt out” does that. The DIA says an unsubscribe must be honoured within five working days; in practice, stop straight away and record it on the person's file.
The Privacy Act 2020 still applies
Consent to message someone is only half of it. The Privacy Act 2020 has 13 information privacy principles. Among them: collect personal information for a clear purpose and tell people why; keep it secure; keep it accurate; do not keep it longer than you need it; and use it for the purpose you collected it for, or one directly related.
The guide's ‘Keep one trustworthy working record’ method fits this exactly: one record per person, with where the enquiry came from, what they asked for, their permission and the next action. Remove duplicates and stale details before anyone is messaged, so nobody hears from two agents about the same enquiry.
One relevant message, one person at a time
Permission lets you send a message; it does not make the message worth reading. Write about what the person asked for, with one new, checked fact: a listing that fits, a price change, or what has sold in their street. An example: “Hi Sarah, it's Tom from Harbour Realty. You came through the three-bedroom on Kauri Street in March and wanted a bigger section. One has just come up two streets over, with a fenced back lawn. Want the details? Reply STOP to opt out.”
Then the guide's ‘Make the next step observable’ method takes over. Every person ends the week with an owner, a next action and a date. A reply means the same-day answer and an agreed next step. No reply means one more message with a different useful fact after about a week, then only when something relevant changes. A no means stop, and record it.
What gets in the way
Not following up anyone because the spam rules feel too risky.
Sort by consent first. Recent enquirers, past clients and people who opted in at an open home are usually fine to message, with your name on it and a way to opt out.
Sending one bulk text to every number in the database.
Message only people with consent, one at a time, about what each one asked for, and stop at the first no.
Saying nothing for months because you don't want to look desperate.
Lead with their enquiry and one new, checked fact. A useful message reads as service, not need.
Working enquiries that came to the agency, not to you, without asking.
Start with your own enquiries, and get your branch manager's OK in writing for the rest.
Questions agents ask next
Is a one-to-one text to a buyer covered by the Unsolicited Electronic Messages Act?
If it markets a property or your services, treat it as a commercial electronic message. The Act covers commercial texts and emails whether you send one or a thousand, so it needs consent, your details and a way to opt out.
Can I text someone who enquired on Trade Me two years ago?
Only if you have a record that they agreed to hear from you, or an ongoing relationship that makes messages reasonably expected. An old one-off enquiry with neither is best left out of texts and emails.
Does the Act cover phone calls?
The DIA says the Act does not cover phone calls or postal mail. The Privacy Act 2020 still applies to how you use the person's details, and a call should be as relevant and respectful as a message.
How fast must I act on an unsubscribe?
The DIA says within five working days. Stop straight away, record it on the person's file and make sure nobody else at your agency messages them.
Is an open home sign-in sheet consent?
It can be express consent if the sheet clearly asks whether people want to hear about other listings and they agree. A name and number written down for the visit alone is weaker. Ask the question on the sheet and keep it.