FACTS:

An agent wants to call a seller who is listing their property as a for sale by owner (FSBO). The reason for the call is to inquire as to whether the seller would like to retain the agent to list the property for sale.

ISSUE:

Does the agent have to check the National Do-Not-Call Registry before calling the FSBO in an effort to obtain the listing?

ANSWER:

Yes.

DISCUSSION:

In this case, the call would be made for the purpose of encouraging the seller to retain the agent’s services. Such a solicitation falls under the jurisdiction of Federal no-call regulations and the agent should therefore check the registry before placing the call. If the seller is registered on the Do-Not-Call Registry, the REALTOR® would be prohibited from placing a phone call to solicit the listing.