Can I call a FSBO seller on the do-not-call list on behalf of my buyer?
10/23/2014 | Author: Editorial Staff
Can I call a FSBO seller who is on the National Do-Not-Call Registry if I have a client who is interested in the property?
Yes. Since the call is not a solicitation, you may contact a seller marketing a for sale by owner property about your client’s potential interest—even if the seller’s number is on the National Do-Not-Call Registry. As a buyer’s representative, you may only discuss your client’s interest in the property, and you cannot use a purported client’s interest as a way to solicit the listing.
A real estate professional is prohibited from initiating a telephone call to a FSBO whose number is listed in the National Do-Not-Call Registry in an attempt to obtain the listing or to solicit other business. (Read more about National Do-Not-Call rules and soliciting listings.) The rules prohibit anyone from making telephone solicitations to numbers registered in the database, and a call initiated to obtain the listing constitutes an impermissible solicitation.
TAR offers model policies to help you comply with do-not-call rules and other regulations, such as faxing and email, in addition to several other model manuals. Recently updated, these model guides are available for members in the Risk-reduction Tools section of texasrealestate.com.
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