Legal FAQs for REALTORS® — Brokerage Liability Issues
Do-Not-Call Compliance

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Legal disclaimer

Do I have to check the National Do Not Call Registry before soliciting listings of those who have a for sale by owner sign in their yard or sellers with expired listings in the MLS? (Updated Sept. 22, 2014)

Yes. You should check the do-not-call list before soliciting such listings to avoid violating the law.

There is an exception to the do-not-call rules: If you have a prior business relationship with the owner that ended within 18 months, you can call him. This exception does not apply if the owner has asked your company to place his number on the company do-not-call list.

There are no do-not-knock or do-not-mail laws that would prohibit these methods of soliciting business, so you could consider sending a nicely worded letter to the owner or making a personal visit to the home.

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 Any legal or other information found here, on, or at other sites to which we link, should be verified before it is relied upon.

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