Could a WhatsApp emoji land a property practitioner in trouble?

WhatsApp has become the go-to for everything from checking in with clients to confirming property viewings. It's fast, familiar, and fits into the rhythm of daily life, both personal and professional. But here's something that might surprise you: a simple emoji, yes, even a friendly thumbs up, could land a property practitioner in hot water.

In today’s fast-paced, always-online world, electronic communication in real estate is unavoidable. But while WhatsApp might feel casual, the legal world doesn’t always treat it that way. In fact, under certain circumstances, your emojis might carry more legal weight than you think.

The emoji that said too much

Let’s start with the classic culprit: the thumbs up emoji. It seems harmless, right? Just a quick way to acknowledge a message. But, in several real-world cases, this emoji has taken on unexpected meaning in legal contexts.

Courts have increasingly considered WhatsApp messages in court as admissible forms of communication, and emojis included in those messages have sometimes been interpreted as giving consent or agreeing to terms. Imagine confirming receipt of an offer with a thumbs-up emoji and later deciding not to go ahead. That tiny icon could be viewed as acceptance. You might not have meant it that way, but the law could see it differently.

That’s where the issue of emoji misinterpretation in contracts gets tricky. Unlike formal language, emojis are open to all sorts of interpretations. One person’s “noted” is another’s “I accept”. When there’s no paper trail or written agreement spelling things out clearly, those little icons start doing a lot of heavy lifting, and not always in your favour.

Real estate and the risks of emoji misuse

Now, in real estate, things move quickly. Clients want updates, deals can come together over a flurry of messages, and practitioners need to be responsive. So it’s understandable that many practitioners rely on WhatsApp as a key communication tool. But here’s the catch: when emojis start replacing formal language, you open the door to all kinds of real estate communication risks.

Using emojis to confirm details, agreements, or consent can blur the lines between what’s casual and what’s legally binding. It’s not just about looking professional, there’s real legal liability at stake. That thumbs up or smiley face might be interpreted as digital consent to something you didn’t intend.

The legal implications are real

While emoji-related cases are still relatively new, they’re becoming more common. The use of electronic communications is covered under the Electronic Communications and Transactions Act (ECTA), which means that things like WhatsApp messages can be viewed as legally binding under certain circumstances. “The ECTA can be interpreted to state an emoji can be classified as “data”, which refers to any electronic representation of information, and a “data message” is defined as data produced, sent, received, or stored electronically,” says Alison Laxton, Associate Attorney at SBL Incorporated.

“Although we have no definitive local case law on this matter, there are certain foreign cases such as Kinsey v. State (2014); South West Terminal Ltd. v Achter Land & Cattle Ltd [2023] SKKB 116 and Southeaster Maritime Ltd v Trafigura Maritime Logistics PTE. Ltd [2024] EWHC 255, wherein the court considered whether emojis constitute consent, or agreeing to be bound by certain contractual terms.

“In order for you to be bound by your alleged consent, the courts would need to find that all essential elements of a contract are met, and this would be subject to interpretation given the context of the conversation,” she adds.

Combine this with growing attention to digital consent in property deals, and you’ve got a potential legal minefield for practitioners who aren’t careful. A misplaced emoji, used in the wrong context, could be seen as agreeing to something like a commission structure, a viewing date, or even a sale price.

That’s why understanding the legal implications of emojis is becoming a part of the modern practitioner’s toolkit.

Professional use of emojis: where to draw the line

This is not to say you need to drop emojis completely. They can still be part of your brand’s tone, especially if you’re building rapport with younger buyers or sellers who expect a more relaxed communication style. But when it comes to key parts of a deal, it’s better to be crystal clear.

Here are a few quick tips for better practitioner WhatsApp etiquette:

• Avoid emojis when discussing contracts, prices, or agreements. Use formal language and confirm everything via email or your CRM
• Don’t rely on WhatsApp as your sole communication tool. It’s fine for follow-ups, but major decisions should be recorded elsewhere
• Get everything in writing. Even if it starts on WhatsApp, move the conversation over to an official document as soon as things get serious
• Educate your team. If you’re managing other practitioners, make sure everyone understands the potential risks of emoji use in client communications
• Use disclaimers where appropriate. A simple note like “Please confirm all formal agreements via email” can go a long way

Emojis and intent: a slippery slope

Remember, intent is key, but the way the law interprets intent might not match what you actually meant. And while emojis might feel light and expressive, they can have very real consequences in the world of property law and client expectations.

Ultimately, professional use of emojis should be just that, professional. Used sparingly, with awareness of context, and never in place of formal agreements. When in doubt, leave the emoji out.

A better way to communicate: start with the right tools

At the end of the day, practitioners need to communicate quickly, clearly, and professionally, and that means having the right digital systems in place. With Prop Data’s platform, you can streamline your client conversations, track engagement, and ensure your communications are always clear and compliant.

Ready to keep your messaging on point? Give Prop Data a call to learn more about how our tools help you stay professional, protected and ahead of the game.