Real Estate Coaching Calling FSBOs and Expireds on the Do Not Call (DNC) List
January 17, 2024

Calling FSBOs and Expireds On the Do Not Call (DNC) List

You CAN call FSBOs and Expireds even when they are on the Do Not Call (DNC) List. Here’s Why…

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, whenever we host live events, I’ve always had agents 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 you 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. You are licensed under your broker.

You’ll notice that in that hierarchy, the National Association of REALTORS® or your local board is not on 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 when a “rule” is put out by their board. They think that’s the law. If it’s not coming from your department of licenses, it’s not law. It’s more of a 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!”

See? They started it by placing an ad 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 too, 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 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 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!

In fact, you can also show them that the Greater Boston Association of REALTORS republished an article that I wrote for Inman on this very topic, endorsing this position!

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, one 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 actually 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 AGENT® Coaching Members

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 are 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 shifting 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 setup fee, which is a value of more than $530! You’ll find the coupon in the Tech Tools and Training tab.

Now, for Our Non-POWER AGENT® friends

Give us a go! This comprehensive program provides affordable coaching, training, and customizable marketing tools for real estate agents. It’s proven to help thousands of agents significantly boost their listing inventory, solidify their business, cultivate lifelong customers, enhance authenticity and confidence, reduce stress, and craft fulfilling careers and lives.

Start your Power Agent®  trial and have total access to every tool we have , including letters, dialogues, training tips, webinars on demand, eGuides, and marketing tools.
Contact our team today to sign up or get the answers you need: (631)929-5555

“Calling FSBOs by using Darryl’s dialogue, has helped me speak on average 4 minutes with no hang-ups.” – Carlos Castellar

“From one prospecting technique Darryl taught me, I made one call that generated a $10,000 commission. That same client a year later resulted in a $900,000 sale. Overall, my income went from $73,000 to $110,000 – this is incredible!” – Howard Riley

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!


The best real estate scripts and dialogues for prospecting and listing.

Get the Darryl Davis Newsletter!

Not yet a Power Agent®? Click here to learn more about how you can access all the tools and training you need to become a listing machine this year! Need help? Contact our team today at (800) 395-3905!

Recent Posts