Communicating via text messaging: Be aware of the challenges for better use
A customized, fast and professional service focused on clients' needs is often a leitmotif in an ever-changing housing market. Because it is easy to use, flexible and, above all, fast, text messaging has become increasingly popular among real estate brokers.
Although this means of communication is very practical, it is important to use it while being aware of the potential risks and challenges in terms of confidentiality, protection of personal information or keeping of documents.
Text messaging: The key to fast and informal conversations
Text messaging is a fast and easy way to communicate. It is particularly effective for exchanges that do not require a great deal of explanation and that leave no room for divergent interpretations. It is well used for scheduling or confirming an appointment, sending a link to an MLS-Centris listing sheet and any other type of discussion.
Real challenges
Lack of details
Although the two key strengths of text messaging are its speed and conciseness, they can also be a shortcoming. In fact, many components of a real estate transaction require explanations, advice or the transmission of specific information requiring details. For example, explaining certain points in the Declarations by the seller of the immovable form to the client, discussing the inspector's observations following an inspection report or even negotiating aspects of the transaction are situations that require detailed explanations involving subtleties that should not be provided via a text message.
If your client writes to you about these elements via a text message, why not consider a short text reply, suggesting instead that he calls you at a specific time to discuss them. Considering that these are important elements, you will be able to answer questions while respecting your obligations and thus reduce the risk that your answers will be too brief, incomplete or that your client will interpret the text message in a way that does not reflect what you wanted to express.
Under such circumstances, it is preferable to provide detailed verbal explanations to clients to ensure that they understand. It will then be essential to confirm the content of the conversation in an email. This email will help summarize the various points discussed with your client to help him make an informed decision. It will also enable you to document your follow-ups and protect yourself in the event of a dispute.
Information security and confidentiality
The security and confidentiality of information are also concrete issues when using text messages. In this respect, we would like to remind you that your obligations regarding the protection and retention of personal information remain valid even when you use text messaging as a means of communication.
Given that messaging applications rarely protect conversations with an effective encryption system, it is best never to send personal or sensitive information via a text message. Moreover, for obvious confidentiality reasons, also consider disabling the "Message preview" function in your phone's notification settings to ensure that the message content is not visible to others.
Keeping of documents
Using text messaging raises a considerable issue when it comes to keeping the documents and documentation required for your file. Keeping text messages is undoubtedly more complex than keeping an email and involves more manipulation, more risk of error and issues regarding the complete and integral conservation of these exchanges. Due to this complexity, the risk of forgetting to keep text messages containing important information is present and can be a major issue when you need to show that you have fulfilled your duty to advise, inform and verify. Emails are easier to keep and remain a more effective means of providing evidence in the event of a claim involving your professional liability.
Before prioritizing text messaging as a means of communicating with your clients, make sure they are comfortable using it and under what circumstances.
FARCIQ would like to remind you that your professional liability insurance policy does not cover claims for loss of confidential data resulting from misuse of new technologies or cyber-attacks (viruses, hacking, etc.). This type of coverage is normally included in cyber-risk policies.
For more information, please read the article of the Fonds d’assurance responsabilité professionnelle du Barreau du Québec Communiquer avec son client par messages textes : Quelques aspects à prendre en considération (PDF - in French only). This is a very interesting article upon which this capsule is based. Its aim is to provide food for thought on this topic.
Prevention is your best solution.
