Compliance

What are the rules for texting a seller about an expired listing?

Texting owners of expired listings carries specific compliance risks because these homeowners might still be under an agency agreement or on a Do Not Call (DNC) list. While this is not legal advice, it is critical to understand potential pitfalls before reaching out.

October 20, 2026 · 3 min read

Expired listings and the agency relationship

When a listing expires, the homeowner is no longer actively marketed by an agent on the MLS. However, he or she may still have an exclusive right-to-sell agreement with that agent. Texting him or her directly could be seen as interfering with that agreement, which can lead to complaints or legal issues.

Some agents actively follow up on their expired listings, and a homeowner might intend to relist or has already re-signed with the same agent. Always assume there might still be an active agent relationship, even if the public listing has expired.

DNC lists and prior express consent – the big hurdles

The Telephone Consumer Protection Act (TCPA) and various state laws govern text messaging. To text a homeowner, you generally need his or her 'prior express written consent.' This is especially true if you are sending marketing messages. For expired listings, you likely do not have this.

Additionally, many homeowners are on the National Do Not Call Registry. If you text a number on this list without prior consent or an established business relationship, you could face significant fines. Always check these lists if you are doing any cold outreach. For more on cold outreach rules, see /learn/tcpa-and-cold-outreach-basics.

State-specific regulations to consider

Beyond federal laws like the TCPA, many states have their own specific regulations regarding unsolicited communications. Some states have stricter DNC rules or require specific disclosures. It is your responsibility to know and comply with the laws in the state where the property and seller are located.

These state laws can change, so what was compliant last year might not be today. Always verify the current regulations for your specific target market. There is no blanket rule that covers every situation across the country.

The risk of violating regulations

Ignoring these rules can result in substantial penalties. Fines for TCPA violations can be thousands of dollars per message. Homeowners can also file private lawsuits, which can be even more costly in terms of legal fees and settlements. This is why many investors prefer to buy leads from services that handle the initial compliant outreach.

Even if a homeowner replies, that does not automatically retroactively grant consent for all future texts or calls, especially if the initial text was non-compliant. A reply might just be an inquiry, not blanket permission.

Safer approaches for expired listings

If you are determined to pursue expired listings, consider less intrusive methods like direct mail, where the regulations are generally less stringent. You can also work with agents who specialize in expired listings and refer leads to him or her.

The safest way to get compliant replies is to source leads from platforms where homeowners have already opted-in and replied to an initial compliant text. This eliminates the guesswork and risk. For more on different lead types, visit /lead-types.

Questions people ask

Can I text any homeowner I find on public records?

Generally, no, not without first verifying consent and checking DNC lists. Most cold text outreach carries significant risk unless you have a verifiable business relationship or prior express written consent. For comparison, see /compare/cold-calling-vs-responded-leads.

What if a homeowner replied to my text about an expired listing?

Even if he or she replies, that does not mean your initial text was compliant. It could still be considered an unsolicited message. Exercise caution and verify his or her consent going forward, or transition to a phone call if appropriate.

Does 'for sale by owner' mean I can text him or her?

A 'for sale by owner' (FSBO) status does not automatically grant you permission to text. He or she still needs to provide prior express consent, and you must still check DNC lists. The same rules generally apply as with other homeowners.