Compliance

Rules for calling homeowners about selling your house

When calling homeowners about selling their property, you must navigate federal and state telemarketing laws, including Do Not Call registries and identification requirements. Always remember this information is for educational purposes only and not legal advice; consult legal counsel for specific guidance.

October 8, 2026 · 3 min read

The National Do Not Call Registry

The Federal Trade Commission (FTC) maintains the National Do Not Call (DNC) Registry. It is illegal to make unsolicited telemarketing calls to numbers registered on this list. Before making any calls, you must download the registry and scrub your call lists against it. Your subscription to the registry must be renewed annually.

There are some exceptions, such as calls from organizations with which you have an existing business relationship, or calls from certain non-profits. However, for real estate investors making cold calls, these exceptions rarely apply. Always assume a number on the DNC list is off-limits for unsolicited contact.

State-specific Do Not Call lists

In addition to the federal DNC Registry, many states maintain their own Do Not Call lists. You must comply with both federal and state regulations. Some state lists may have different rules or registration requirements, so it is crucial to research the specific laws in each state where you plan to make calls.

Ignoring state-specific lists can lead to separate fines and legal action, adding to the complexity of compliance. Always verify the regulations for your operating area to ensure full adherence.

Caller identification requirements

Federal regulations, specifically the Telephone Consumer Protection Act (TCPA) and the Telemarketing Sales Rule (TSR), require you to identify yourself and the purpose of your call clearly at the outset. You cannot mislead a homeowner about who you are or why you are calling.

This means stating your name or company name and explaining that you are calling about buying his or her property. Hiding your identity or using deceptive practices can lead to severe penalties. Be transparent from the first interaction.

Avoiding deceptive practices

The TSR prohibits deceptive telemarketing acts or practices. This includes misrepresenting facts about the property, your offer, or the terms of a potential sale. You cannot make false claims to induce a homeowner to sell. Honesty and accuracy are paramount.

For example, do not claim to be a representative of a government agency or imply that a homeowner is legally obligated to sell. All communications must be truthful and not designed to trick or coerce a seller. This is not legal advice, so consult with legal counsel if you have questions.

Maintaining internal Do Not Call lists

Even if a homeowner is not on the federal or state DNC registries, if he or she asks you not to call him or her again, you must honor that request. You are required to maintain your own internal DNC list and add any homeowner who requests to be removed from your calling efforts.

Failing to maintain an internal DNC list and continuing to call someone who has opted out can result in violations. Ensure your process for recording and honoring these requests is robust and consistently followed by anyone making calls on your behalf.

Consequences of non-compliance

Violating DNC rules or other telemarketing regulations can lead to substantial fines, both at the federal and state levels. These penalties can be per violation, meaning each illegal call could incur a separate fine. Homeowners can also sue for violations.

The financial and reputational damage from non-compliance can be significant. It is always better to invest in robust compliance measures, including legal counsel and thorough training, than to face the repercussions of an enforcement action. This is not legal advice, so consult with counsel for specific guidance.

Questions people ask

Can I call someone on the Do Not Call list if they previously inquired?

Yes, if a homeowner has an established business relationship with you, meaning he or she has inquired about your services within a certain timeframe (typically 18 months), you may be able to call him or her. However, he or she can still ask you to stop calling at any time.

How often should I scrub my call lists?

Federal regulations require you to scrub your lists against the National DNC Registry every 31 days. State regulations may have different requirements, so always check those too. Consistent scrubbing helps you stay compliant and avoid penalties.

What's the difference between calling and texting rules?

While both are covered by TCPA, texting has specific rules regarding consent, often requiring express written consent for marketing messages sent via an autodialer. Calling has DNC registry rules. Both require clear identification and honoring opt-out requests. This is not legal advice.