Velocitydrift

The Do-Not-Call list isn’t the barrier many agents assume. Coach Darryl Davis breaks down the law — and why avoiding these calls hurts both you and the seller.

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Mark Twain once said, “It ain’t what you don’t know that gets you into trouble. It’s what you know for sure that just ain’t so.” That’s never been truer than in real estate. My team and I hear agents all the time repeating things they’ve been told — things that sound right on the surface but are flat-out wrong. And one of the biggest myths out there is this: “You can’t call FSBOs or expireds if they’re on the Do-Not-Call list.”

I get this question often in our weekly training webinars, and I’ve answered it every 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 is always your state’s licensing authority, then your broker’s policy, then everyone else (including me). That said, here’s what you need to know from a legal and practical perspective.

Let’s break down the Do-Not-Call list and ‘solicitation’

The Do-Not-Call law was designed to stop unwanted solicitation. In plain English, that means asking for money or trying to sell something directly over the phone — like pitching a magazine subscription or raising donations.

When you call a FSBO, you are not asking for money, and you are not selling a product over the phone. You’re calling to fulfill your fiduciary responsibility to your buyer or to offer a professional service.

Even more importantly: FSBOs are literally soliciting calls themselves. By putting their phone number on an ad or yard sign, they’re inviting the public to call. That means they are not “unsolicited” in the way the DNC law is written. In other words, they initiate the call by asking people to call them.

The bottom line: If you call a FSBO that’s on the DNC, do not talk about listing their home. That’s solicitation. Call with the intention that you are responding to their ad, and you just want to see the house and see how you can help them.

What if the FSBO says ‘no agents’?

Here’s the deal. If you’ve got a signed Buyer Agency Agreement, you’re obligated to find homes that fit your client’s needs. That means calling on properties — even those with “no agents” in the ad.

First, get clear on the mindset. You’re not calling to list their home. You’re not barging in uninvited. You’re calling because you have a buyer who might be interested in their property. That’s it. You’re doing your job with professionalism and respect.

Dialogue you can use:

Here’s how to start the coversation:

“Hi, this is [Your Name] with [Your Company]. I’m calling about the property you have for sale. Is it still available?”

When they say they’re not working with agents, respond:

“I completely understand, and I want to respect that. I’m not calling to list your home. I’m actually working with a buyer who’s looking for a property in your area, and your home might be a great fit. Would it be okay if I asked a few quick questions to see if it matches their needs?”

If they’re still resistant, pivot:

“I hear you. Just so you know, my buyers, Jim and Julie, are ready, willing, and able to purchase. They’ve hired me to represent them and help find the perfect home. Sometimes buyers fall in love with homes they wouldn’t have considered otherwise, and I’d hate for them to miss out on yours. Would you be open to letting me share a little more about their needs?”

The key is staying calm, respectful and focused on the buyer. You’re not there to argue or push; you’re there to serve your client and potentially help the FSBO sell faster with less hassle. If they’re adamant, thank them and move on. No harm, no foul. It’s all about how you frame the conversation. You’re not just an agent; you’re a problem-solver.

The case for expired listings

Expireds are different, and this is where agents often get confused. An expired listing does not automatically create a prior business relationship that exempts you from the Do-Not-Call rules. However, there’s a key nuance that works in your favor.

When a home was listed on the MLS, the relationship established was specific to showing the property — not to soliciting a listing. That means you can call an expired listing owner, even if they’re on the Do-Not-Call list, to discuss the possibility of showing their home. This applies within 18 months of the listing expiring.

Here’s the critical point, and this applies to both FSBOs and expireds: Never discuss listing the property over the phone. That crosses into solicitation and would be a DNC violation. Your call should focus on the opportunity to show the home, not on getting them to sign a listing agreement.

When they say they’re not interested, try:

“I completely understand. I’m not calling to pressure you into anything. I noticed your home was on the market, and I wanted to see if there’s still an opportunity to show it.”

Remember, expireds often feel burned by their previous experience, so empathy is your secret weapon. Show them you’re different by listening first and offering solutions second. Come from a place of service; you’re a guide who genuinely wants to help them move forward.

The bigger picture

Here’s what it all comes down to: FSBOs and expireds need you. They are some of the most vulnerable homeowners out there — often frustrated, overwhelmed and at risk of leaving serious money on the table.

Calling them isn’t about being pushy. It’s about stepping into your role as a real estate professional who protects consumers, negotiates the best deal and helps families make the smartest move possible. Buyers need to buy. Sellers need to sell. That makes you the matchmaker who brings them together.

Ditch the myth

Don’t buy into the myth that calling FSBOs or expireds is illegal or unethical. It isn’t. What is unethical is leaving families to stumble through one of the biggest financial decisions of their lives without the guidance they deserve.

So pick up the phone. Call with integrity. And remember, your job isn’t to “close” people. It’s to coach them toward the best possible outcome. That’s how you build a career — and a life — worth smiling about.

March is Marketing and Branding Month at Inman. As the spring selling season kicks in, we’ll examine the proven tactics and new innovations driving results in today’s market — and celebrate the industry’s top marketing and branding leaders with Inman’s Marketing All-Star Awards.

Darryl Davis is the CEO of Darryl Davis Seminars. Connect with him on Facebook or YouTube.

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