Mark Twain once said, “It’s not what you don’t know that gets you in trouble, it’s what you’re sure won’t get you in trouble.” Nowhere is this more true than in the real estate industry. My team and I hear agents constantly repeating what they’ve been told. On the surface it seems right, but it’s completely wrong. And one of the biggest misconceptions out there is that if your FSBO or expired FSBO is on the Do-Not-Call list, you can’t call them.
I often get asked this question during my weekly training webinars, and I’ve answered it in the best possible way. So let’s set the record straight once and for all.
But first, a disclaimer: No matter what I share here, your ultimate guide will always be your state licensing authority, then your broker’s policies, and then others (including myself). That being said, here’s what you need to know from a legal and practical standpoint.
Let’s take a closer look at the Do Not Call List and “Solicitation”
Do-not-call laws were enacted to prevent unwanted solicitations. In layman’s terms, this means asking for money or trying to sell you something directly over the phone, such as offering a magazine subscription or soliciting donations.
When you call a FSBO, you are not asking for money or selling products over the phone. You are calling to fulfill a fiduciary duty to the buyer or to provide professional services.
More importantly, FSBOs are literally soliciting calls themselves. The public is encouraged to call by posting phone numbers on advertisements and yard signs. This means they are not “unclaimed,” as the DNC Act states. In other words, they initiate calls by asking people to call them.
Bottom line: If you call a FSBO participating in the DNC, don’t talk about listing their home. That’s an invitation. I call with the intention of responding to an ad and just want to see the house and see how I can help.
What happens if the FSBO says “we don’t have an agent”?
This is the contract. If you have signed a buying agency agreement, you are obligated to find a home that meets your client’s needs. This means calling properties even if they are advertised as having “no agent”.
First, clarify your thinking. You’re not calling to list their home. They don’t barge in uninvited. You are calling because there is a potential buyer interested in the property. that’s it. You do your job with professionalism and respect.
Available dialogs:
Here’s how to start explaining:
“Hello, this is [Your Name] and [Your Company]. I’m calling about a property you have for sale. Is it still available? ”
When they say they are not working with an agent, respond with:
“I totally understand, and I want to respect that. I’m not calling to list your home. I’m actually working with buyers who are looking for real estate in your area, and your home might be a good fit. May I ask you a few quick questions to see if it fits their needs?”
If there is still resistance, change direction.
“I hear you. Just to be clear, my buyers, Jim and Julie, are ready, willing and able to buy. They hired me to represent them and help them find the perfect home. Sometimes buyers fall in love with a home they wouldn’t have otherwise considered. I don’t want them to miss out on your home. May I speak to you a little more about their needs?”
The key is to remain calm, respectful, and focused on the buyer. You are not here to argue or push. You are there to serve your clients and help FSBOs sell faster with less hassle. If they stand firm, thank them and move on. No harm done, no foul play. It all depends on how you structure the conversation. You are more than just an agent. You are a problem solver.
For expired list
The expiration dates are different, but this is where agents often get confused. Expired lists do not automatically create previous business relationships that are exempt from the Do-Not-Call rule. However, there are important nuances that work in your favor.
When the home was listed on the MLS, the established relationship was solely for the purpose of showing the property and not soliciting a listing. This means that even if you are on the Do Not Call list, you can still call the owner of an expired property to discuss the possibility of viewing their home. This applies within 18 months of the expiration of the listing deadline.
Here’s the thing: This applies to both FSBO and expiration. Do not discuss listing your property over the phone. That constitutes solicitation and is a DNC violation. The focus of the call should be on the opportunity to show the home, not on getting the listing agreement signed.
When they say they’re not interested, try the following:
“Okay, I understand. I’m not calling to force you to do anything. I noticed that your house is for sale, and I wanted to know if you still have a chance to show it.”
Remember, those who have died are often fueled by their past experiences, so empathy is your secret weapon. Show that you’re different by first listening and then proposing a solution. Come from a place of service. You are a guide who genuinely wants to help them move forward.
big picture
After all, FSBO and expiration need you. They are some of the most vulnerable homeowners, often frustrated, overwhelmed, and at risk of leaving a lot of money on the table.
Making a phone call is not a pushy thing to do. It’s about stepping into the role of a real estate professional who protects consumers, negotiates the best deals, and helps families make the smartest move possible. Buyers need to buy. Sellers must sell. That makes you the matchmaker that brings two people together.
Throw away the myths
Don’t believe the myth that FSBO or expired calls are illegal or unethical. it’s not. What is unethical is to leave a family stumbling through one of life’s biggest financial decisions without proper guidance.
So pick up the phone. Be honest with your calls. And remember that your job is not to “close” people. It’s about coaching them toward the best possible outcome. By doing so, you can build a career and a life worth laughing about.
March is Marketing and Branding Month at Inman. As the spring sales season begins, we examine the proven tactics and new innovations that are driving results in today’s market, and celebrate the industry’s top marketing and branding leaders with Inman’s Marketing All-Star Awards.
