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Can I call a FSBO seller on the do-not-call list on behalf of my buyer?

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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.

Categories: Legal
Tags: legal faq, fsbo

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Legal disclaimer

The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

While the Texas Association of REALTORS® has used reasonable efforts in collecting and preparing materials included here, due to the rapidly changing nature of the real estate marketplace and the law, and our reliance on information provided by outside sources, the Texas Association of REALTORS® makes no representation, warranty, or guarantee of the accuracy or reliability of any information provided here or elsewhere on texasrealestate.com. Any legal or other information found here, on texasrealestate.com, or at other sites to which we link, should be verified before it is relied upon.

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