Real estate do not call list
May 22, 2021

Calling FSBOs and Expireds On the Do Not Call List

Powerfact: You can absolutely call FSBOs even when they are on the Do Not Call List.

By Real Estate Coach and Speaker Darryl Davis, CSP

First, know that I’m all about FSBOs and Expireds. They have always been my favorite niche markets since I first got into real estate a million years ago. In fact, every year (pre-pandemic) we’d host an all-day event and agents would bring me their FSBO and Expired leads and I’d call them live from the stage and agents could hear the conversation both ways.

My track record is if I call four, I’ll get three appointments. After each call, we break down how the conversation went so that agents can see where things went right and where things went wrong. I have a very specific dialogue that works like magic that I share with all my Power Agents® so that they can have that kind of track record too!

In fact, as an example, one of our Power Agents®, John Gandolfo, made $323,000 in his second year of the business because of what we taught him about FSBOs and Expireds!  How’s that for a real estate success story!

Now that I have your attention…

Let’s Talk About the Do Not Call List.

I believe you 100% can legally call FSBOs and Expireds even when they are on the Do Not Call list, and even if you’re in New York during a state of emergency.

I am coming from experience and knowledge here – PLUS — I ran it through with my attorney.


I am not giving you legal advice.

I’m giving you my opinion, but my opinion is better than a lot of other people’s opinions because I’ve been at this for more than thirty years, I’ve read everything possible on the topic, and I’ve discussed it with a myriad of attorneys.

So, let me break it down for your in terms of who ultimately has the authority over you on this topic.

  1. Your higher power.
  2. The Department of Licensing in your state.
  3. Your Broker.
  4. Me, your coach.

You’ll notice I put myself fourth in line, because I’m certainly not fooling with God, or the other two, but let me share my opinion with you.

If your broker says 100% you can’t call anyone on the Do Not Call list, then you can’t. Your licensed under your broker.

You’ll notice that in that hierarchy, the National Association of REALTORS® or your local board is not in that list. Here’s why: because associations are not a legal identity, they are an entity you paid dues to. Sometimes people get very confused that when a “rule” is put out by their board, and they think that’s the law. If it’s not coming from your department of licenses, it’s not law. It’s more guideline.

Here’s What the Do Not Call Law Really Says

The Do Not Call Rule says this:

do not call rules for real estate agents

No telemarketer or seller shall make or cause to be made any unsolicited telephone sales calls to any customer when that customer’s telephone number is on the National Do Not Call Registry.

Do you see what it says? You cannot make unsolicited telemarketing calls when somebody is on a do not call list. But watch this — it defines what an unsolicited call is.

Any telemarketing sales call, other than calls made or in response to an express written or verbal request.

Here’s what you need to know:  FSBOs do not fall into this category. Why? Because a FSBO is not an unsolicited call. A FSBO is actually the opposite. FSBOs are actually publishing their phone number saying…

“I’m selling my house. Call me!”

THEY are soliciting telephone calls. Therefore, FSBOs do not apply to this DNC rule, especially in the state of New York for my confused New York people.

I know NYSAR recommends you not call, and maybe your association does to, but they are wrong.  100%. You can call a FSBO, and you can call an EXPIRED.

Now for the Rationale on Expireds.

That third little bit in the rule talks about in connection with an established business relationship. The law says you can call someone as long as you’ve had a prior relationship with them within the last 18 months. It was listed with an agent through the MLS, and all of us are acting as sub-agents through that listing because we are authorized to show that property.

Keep in mind, as I said earlier – whatever your broker says to do – that’s what you do. You listen to your broker. If they tell you that you can’t call them, you can’t.  But you can show them this article and explain the law and if you want, make sure they are on the next prospecting webinar or webinar about working with FSBOs and Expireds and I’m happy to tell them in person at the end if they want to ask me questions!

Before You Dive Into Your Calls

Here’s another blog where I actually share a coaching call conversation with a Power Agent® and discuss the Do Not Call Registry situation live on the air.

To help put a bow on the topic of why you SHOULD absolutely 100% call FSBOs, after a coaching call where this question came up, on of our Power Agents® decided to let go of her resistance to calling FSBOs and just dive in and do it one weekend! Here’s what Carmen Lacey-Billups told our Facebook group the following Monday, “I LOVE Darryl’s FSBO Dialogue. I actual find that FSBOs were nicer during this pandemic. I listed 5 FSBOs in one weekend!” 

Now I’ve given you two real estate success stories, a legal breakdown, and my opinion drawn from more than 30 years in this business, with a specialty in FSBOs and Expireds.

A Message for My Power Agents®

I want you guys to look for three things before you dive into calling FSBOS.

First, find the FSBO and EXPIRED dialogues in the Prospecting tab of our Classroom. There’s also Voicemail dialogues for both, because we all know EVERYONE screens their calls these days! So, before you ask, I will tell you – “YES, leave a message!”

Why? Because 100% they WON’T call you back if you don’t.  But our members tell us FSBOs DO call back 50% of the time when they use the voicemail dialogue we give them!

Secondly, I’d also want you to watch the webinar on demand on How to Become a Listing Machine! It’s packed with the metaphors, analogies, and dialogues you need to own the market and build listing inventory even in a seller’s market!

Lastly, once you’ve done THOSE two things, I want you to sign up for a 30-day trial with RedX. We’ve worked it out with them that our Power Agents® (who haven’t subscribed to RedX before) can try them for 30 days with no set up fee which is a value of more than $530! You’ll find the coupon for that in the Tech Tools and Training tab.

Now, for Our Non-Power Agent® friends

I have a gift for you too. Just sign up for the program.

You’ll get access to the dialogues, training, and RedX trial, you can ask me personally for help on the Monday coaching calls, you’ll get all the collateral you need to work with FSBOs and Expireds such as a listing presentation, flyers, postcards, brochures, objection handlers, and more – all for just $5 for a full 30 days of access to everything.

That’s less than a Starbucks coffee!

If you could list just ONE FSBO – just one – because you invested $5 in your career and life – the commission from that one listing would pay for your membership tuition for like the next FIVE YEARS!

It’s definitely one of those “you’ve got nothing to lose and everything to gain” kind of moments. I hope you’ll consider it, and consider calling FSBOs, and that you’ll be on Monday’s calls. If you do, be sure to unmute yourself and say, “Hey Darryl, I read the article, I joined the program, I called some FSBOs, and I got a listing!” I can’t wait for that conversation.

See you on the call!


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