Do the new rules apply to calls made to FSBO’s?
There are two instances when a real estate professional would call a FSBO seller. The first would be a real estate professional seeking of a FSBO listing, and the second would be a buyer’s representative who believes his/her client might be interested in a FSBO property. NAR does not see any problem with a buyer’s representative contacting a FSBO owner whose number is listed in the Do-Not-Call registry about a client’s potential interest in the property, as this call is not a telephone solicitation by the buyer’s representative. Note that the buyer’s representative can only discuss his/her client’s interest in the property and not use a purported client’s interest as a way to also discuss the possibility of the FSBO owner listing his/her property with the buyer’s representative. However, a real estate professional would be prohibited from initiating a telephone call to a FSBO seller whose number is listed in the Do-Not-Call registry in an attempt to obtain a listing. The rules prohibit
