For real estate agents
Can real estate agents put client information into ChatGPT? A privacy checklist
By Plain English Library · Updated
Short answer: some of it, carefully, and never the sensitive parts. NAR now tells brokerages to spell out exactly what can and cannot go into AI tools. Here is a practical version you can use today, even if your brokerage has not written its policy yet.
Why this matters more than it seems
Your duty to protect client information does not pause when you open a chat window. Standard of Practice 1-9 of the 2026 REALTOR® Code of Ethics says REALTORS® must not knowingly reveal confidential client information, and that the duty continues after the relationship ends. What counts as confidential is defined by your state's law.
AI tools add a new way to leak it. In its March 2026 article Why Every Brokerage Needs an AI Use Policy, NAR warns that many consumer AI tools store prompts or use them to improve their models, and that client, financial or transaction information entered into an unapproved tool "could be exposed or reused in ways the brokerage cannot control." NAR recommends that every brokerage keep a list of approved tools and set data protection standards covering what can and cannot be entered, with specific limits on personally identifiable and financial data.
The traffic-light list
| Category | Examples |
|---|---|
| Never paste | Social Security numbers, bank or account numbers, pre-approval letters, income and credit details, signed contracts, full transaction files, IDs, and anything a client told you in confidence (their top price, why they are selling, a divorce or a health issue) |
| Only with care | First names, the general situation ("relocating buyer, two kids, closing by June"), showing feedback, and your own notes. Remove anything that would identify the person to a stranger. |
| Generally fine | Public listing facts, your own past writing, your market commentary, anonymized questions, and templates |
A useful test: if the chat were forwarded to the other side of the deal, would anything in it hurt your client? If yes, it does not belong in a general AI tool.
Settings to change before you paste anything
If you use ChatGPT on a personal plan, OpenAI's help page on data controls in ChatGPT explains the two settings that matter most:
- Turn off "Improve the model for everyone." Go to Settings, then Data controls. When this is off, your new conversations are not used to train OpenAI's models. They still appear in your chat history.
- Use Temporary Chat for anything sensitive. Temporary chats do not appear in your history, do not create memories and are not used to train models. OpenAI says they may still be kept for up to 30 days for safety purposes, so this reduces exposure but does not remove it.
Business plans work differently. OpenAI's enterprise privacy page says that by default it does not use data from ChatGPT Business, Enterprise or its API platform to train models unless the customer opts in. If your brokerage offers an approved business account, use it for client work instead of a personal account.
Other AI tools have their own settings. Check each one before you use it for client work, and ask your broker which tools are approved.
The redaction habit: placeholders, not people
You rarely need real details to get a good draft. Replace them with placeholders, get the draft, then fill in the real details yourself in your email or CRM.
I am a real estate agent. Help me write a message to a client. Use placeholders exactly as written and do not replace them: [CLIENT], [ADDRESS], [PRICE], [DATE]. Situation: [CLIENT] is a seller. We received an offer on [ADDRESS] at [PRICE], below list price, with a closing date of [DATE]. I want to explain the three options calmly (accept, counter, decline) and ask for a call today. Write it in under 150 words, in a warm, plain tone. Do not add any facts I did not give you.
The same approach works for showing feedback, price-reduction conversations and lender updates. The AI gets the shape of the situation. The facts about the person never leave your systems.
Things AI should not do for you at all
NAR's policy guidance says AI cannot make agency decisions, provide legal advice or independently determine property value without human oversight, and that every AI-generated listing, email or chatbot reply needs human review before it goes out. In 3 Traps to Avoid, NAR's senior counsel also advises agents not to use AI to draft contracts, modify standard forms or give legal advice to clients.
A one-minute checklist
- Is this tool on my brokerage's approved list, or at least a business account?
- Is model training turned off, or am I in Temporary Chat?
- Have I replaced names, addresses, prices and dates with placeholders?
- Did I remove anything my client told me in confidence?
- Will I read and fact-check the output before it reaches anyone?
For the listing side of this, see the ChatGPT listing description prompt that does not invent facts.
Go further
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Sources
- NAR, Why Every Brokerage Needs an AI Use Policy (March 24, 2026)
- NAR, 2026 Code of Ethics and Standards of Practice (Standard of Practice 1-9)
- OpenAI Help Center, Data controls in ChatGPT
- OpenAI, Enterprise privacy
- NAR, Using AI in Your Real Estate Business? 3 Traps to Avoid (July 17, 2023)
This article is educational and is not legal advice. Your broker, your MLS rules and your federal, state and local laws take priority.