Compliance

Can I call expired listing homeowners?

Whether you can call expired listing homeowners depends on a few factors, primarily your state's specific real estate regulations and federal rules like the Do Not Call Registry. Always consult a legal professional for advice on your particular outreach methods.

October 8, 2026 · 4 min read

The Do Not Call Registry and its reach

The National Do Not Call (DNC) Registry is a federal program that allows consumers to opt out of receiving telemarketing calls. If a homeowner has registered his or her number on the DNC list, you are generally prohibited from calling him or her, even if you are an investor looking to buy a property.

There are some exceptions, such as an 'established business relationship,' but simply seeing an expired listing does not create one. Ignorance of the DNC list is not a valid defense, and violations can result in significant fines. Always check numbers against the DNC list before making unsolicited calls.

Keep in mind that some states also maintain their own Do Not Call lists. You must comply with both federal and state regulations. This adds an extra layer of complexity that requires careful attention to detail.

State-specific real estate solicitation rules

Beyond the federal DNC list, many states have specific regulations regarding how real estate professionals and investors can solicit property owners. These rules can vary widely, covering everything from disclosure requirements to specific prohibitions on certain types of outreach.

Some states may consider calling an expired listing a form of unsolicited solicitation, especially if you are not a licensed agent who previously represented the seller. It is crucial to research your specific state's laws before initiating calls. These rules often aim to protect consumers from unwanted or aggressive sales tactics.

Ignorance of state laws is not a defense if a complaint is filed against you. You must actively understand and adhere to the regulations in every state where you operate. This might require periodic checks with your state's real estate commission or consumer protection agency.

How to find expired listing owner contact information

Expired listing information is often publicly available through MLS records (if you have agent access) or various data providers. However, simply having access to the address does not automatically grant you permission to call the owner.

To get a phone number for an expired listing, you would typically use a skip tracing service. These services pull public records and other data to find contact information associated with a property owner. Remember that even if you find a number, the DNC rules still apply.

Verify the accuracy of the contact information you obtain. Calling the wrong person or an outdated number can also lead to complaints. The process of acquiring contact details should always be done with compliance in mind.

Understanding established business relationships

An 'established business relationship' (EBR) is an exception to the DNC rule. This generally means you have had a prior transaction with the consumer, or he or she has inquired about your services within a specific timeframe. An expired listing, by itself, does not create an EBR with you as an investor.

If you were the listing agent for the property, or if the homeowner directly contacted you about selling, that could constitute an EBR. However, simply being aware that a property was on the market and did not sell is not enough to establish this relationship.

Do not assume an EBR exists unless you have a clear, documented history of interaction or prior business. Misinterpreting this exception can lead to DNC violations. When in doubt, err on the side of caution and do not call.

Best practices for compliant outreach

To stay compliant, always check phone numbers against federal and state DNC lists before making any unsolicited calls. Keep detailed records of your DNC checks and any opt-out requests you receive. Honor opt-out requests immediately and permanently.

When you do make a call, clearly identify yourself and your purpose at the beginning of the conversation. Be transparent about why you are calling and where you obtained his or her information. If a homeowner asks you not to call again, respect that request without argument.

Consider alternative methods of contact that may have different regulatory requirements, such as direct mail, if you are unsure about calling. Always prioritize ethical and legal outreach practices to protect your business and reputation.

This is not legal advice

The information provided in this post is for informational purposes only and does not constitute legal advice. Real estate laws and regulations, particularly concerning solicitation and privacy, are complex and subject to change.

You should consult with a qualified legal professional for advice regarding your specific situation and business practices. Relying solely on general information without professional legal counsel can expose you to compliance risks. Always seek expert guidance to ensure you are operating within the bounds of all applicable laws.

The rules vary by jurisdiction and can be interpreted differently by courts and regulatory bodies. What is permissible in one county or state may not be in another. Stay informed and seek professional advice.

Questions people ask

What if the homeowner is already on my Do Not Call list?

If a homeowner is on your internal Do Not Call list or the national DNC registry, you must not call him or her. Disregard any contact information you have and respect his or her preference.

Does the DNC list apply to business-to-business calls?

The DNC list primarily applies to calls made to residential lines for telemarketing purposes. However, it can sometimes apply if a business line is also used for personal calls. It's safest to err on the side of caution or verify the nature of the number.

Is it different if I am a licensed agent?

Licensed real estate agents may have different rules or exemptions in some states, particularly if they previously had a relationship with the seller. However, the DNC rules still generally apply. Always check your specific state's real estate commission guidelines.