Realtors® should always check the Do Not Call Registry before contacting a customer. Federal law provides that real estate professionals generally cannot call a person on the Do Not Call Registry unless the Realtor® has an “existing business relationship” with the person. An “existing business relationship” is one which extends for 18 months after the end of a transaction between the Realtor® and a seller. If you do not have an existing business relationship with the seller, then you cannot call the seller if their number is registered on the Do Not Call Registry.

The Registry can be searched at: telemarketing.donotcall.gov. Federal law also requires that all companies keep their own internal “do not call” list, and you must check your company’s list before contacting the seller. If the seller is on your internal list, then you cannot call them, regardless of your relationship.

The Do Not Call Registry only applies to telephone calls. The fact that a seller’s number is on the Registry does not prevent you from sending a mailing or approaching that seller in person.

Virginia law further restricts your ability to make solicitation calls to the hours of 8 a.m. to 9 p.m. See Va. Code Ann. §59.1-511.

What about customers who contact our office to inquire about a listing?

This is an exception to the general rule. When a potential customer initiates the contact, then a Realtor® has the right to contact that person for the next three months. Calls are not limited to the person’s original inquiry. There are no limitations on what you may discuss with the person during those three months, thus you could discuss other listings.

What about people who provide their contact information on an open house sign-in sheet? Have they initiated the contact?

This is a difficult situation without a clear-cut answer. The safest practice is to place a notice on the sign-in sheet alerting people that they are consenting to receive a follow-up call, while giving them an option to opt-out of receiving a follow-up. There are significant concerns about whether signing in at an open house constitutes an inquiry and whether the person had a reasonable expectation that they would receive a call from you. Therefore, providing notice of consent and providing an opt-out is advisable.