How to handle a DNC request when the seller is under contract

Differentiating marketing from transactional communication

The core of handling a DNC request from a contracted seller lies in understanding the difference between marketing and transactional communication. DNC rules, such as those under the TCPA, primarily target unsolicited marketing outreach. Once a seller is under contract, your communication shifts from lead generation to fulfilling the terms of an existing agreement.

Transactional messages are those necessary to complete the sale, provide information about the property, or confirm details related to the closing. These are generally exempt from DNC restrictions. For example, texting the seller about scheduling an inspection or confirming closing documents is typically considered transactional, not marketing, and is permissible.

Your obligation once a DNC request is received

Even with an active contract, you must take a DNC request seriously. Immediately cease all marketing-related communications to that seller, whether by text, phone, or email. This means no more messages promoting other services, asking for referrals, or any message that could be construed as soliciting new business.

However, you are generally still permitted to contact the seller regarding the active contract. This is because both parties have an ongoing legal obligation to perform under the agreement. The DNC request does not nullify the contract or your need to communicate to fulfill its terms. Your focus must simply be on the transaction itself.

Communicating about the contract without marketing

When communicating with a seller who has issued a DNC request, be precise and limit your messages strictly to the contract. Stick to factual information about dates, documents, inspections, and closing logistics. Avoid any language that could be interpreted as marketing or future solicitation, even subtle suggestions.

For example, instead of asking "Do you know anyone else looking to sell?", your message might be "The title company needs a copy of the utility bill by Tuesday." Keep the tone professional and focused solely on the transaction's progress. Consider using email for sensitive or detailed transactional communications to create a clear record of your intent.

Documenting the DNC request and your actions

Whenever a seller makes a DNC request, document it thoroughly. Note the date, time, method of request (e.g., text, call, email), and the specific language used by the seller. Record how you responded and the date you updated your communication preferences for that contact within your CRM or contact management system.

This documentation is crucial for compliance. It demonstrates that you acknowledged the request and took appropriate action to stop marketing communications. If there is ever a dispute, your detailed records will show that you followed the rules while continuing only necessary transactional exchanges to complete the deal.

When to involve legal counsel

If you are unsure whether a specific type of communication falls under marketing or transactional, or if the seller's DNC request is ambiguous, it is wise to consult with a legal professional. Real estate law and telemarketing regulations can be complex and vary by state, making clear interpretations challenging.

A legal expert can provide clarity on your specific obligations and guide you on the safest communication practices for your jurisdiction. This proactive step helps you avoid potential compliance violations and ensures you navigate the deal without unnecessary legal risk.

Disclaimer: This article provides general information and is not financial, legal, or tax advice. Always consult with qualified professionals for specific guidance.