IMPORTANT REMINDERS REGARDING THE “DO NOT CALL” LIST
You CANNOT call or fax:
• consumers who are registered on the National Do Not Call List (DNCL). This also includes consumers who may not be on the DNCL, but request that you remove them from your contact list.
You CAN call:
• consumers who are not registered on the DNCL
• consumers on the DNCL if you have their verbal consent to be contacted by phone or fax
• consumers who have bought/leased/sold/rented a property from you within the past 18 months, unless they ask not to be called. (These consumers are still considered to have a business relationship with us for a further 18 months from the date the contract expires.)
• consumers who have had a Listing Agreement or Buyer Representation Agreement with you that expired within the past 18 months. (As above, these consumers are still considered to have a business relationship with us for a further 18 months from the date the contract expires.)
• consumers who have made an inquiry with you within the past 6 months (ad or sign call, open house visitor, someone wanting a CMA), unless they ask not to be contacted.
QUESTION: Does the 18 month exemption start from the time of the deal, the time the deal closes, or the expiration of the representation agreement?
ANSWER: In the event of a written contract, the 18 months starts on the expiry date of the contract. So it doesn’t matter in a listing situation when the house actually sold. The relevant date is the expiry date of the contract. If the service is rendered without a written contract (e.g., customer representation), the clock starts when the job is done.
QUESTION: If a Seller agrees to “Contact After Expired” on the Listing Agreement, does this allow you to call the Seller when the listing expires?
ANSWER: This is not an explicit consent that overrides the provisions of the Do Not Call legislation. So, the answer is “no” – the consent to contact is now subject to the DNC list. However this does not prohibit you from sending off a letter or knocking on their door.
QUESTION: A private Seller has a “For Sale” sign on their property, or is advertising their home for sale with a telephone number. If this private Seller is listed on the DNC list, can you call him?
ANSWER: You can call if you have a prospective Buyer. The moment you switch to a discussion of real estate services, you’ll be in violation of the Do Not Call Registry. Try a note, or a face-to-face visit.
QUESTION: What can happen if you violate the DNC list?
ANSWER: If a consumer receives an unsolicited call and decides to complain, they can file that complaint by calling a toll-free number or by registering on the Do Not Call website. You may then face investigation and fines of up to $1,500 per occurrence! In addition, your company may also be fined up to $15,000, for which the salesperson violating the DNCL will also be held responsible.