Complete Guide to the ‘Do Not Call’ Registry rules for Real Estate Agents

It’s the tough reality of the competitive real estate industry – agents need to work that little bit harder for their work. Whilst it’s true that there will always be demand for the middle-man when it comes to selling property, there are so many real estate agents out there that you might get left behind. Any fumbles or misconduct can be the death of your career, so it’s important that you understand the Do Not Call Registry rules.

What is the Do Not Call Registry?

The Do Not Call Registry gives Australians the opportunity to stop receiving calls from telemarketers. Only residential phone numbers can be put on the Registry. Under the Do Not Call Register Act 2006 telemarketers (real estate agents included) are restricted from making unsolicited calls to people on these lists.

The Do Not Call Registry rules apply to all business and call centres that use telephone marketing. More specifically, a telemarketing call is defined as:

• Offering and promoting products or services
• Asking for donations

Unfortunately, this means that these strict rules apply to real estate agents. Examples of these telemarketing calls include:

• A call offering an appraisal of property
• A call informing buyers of a property for sale
• A call offering your services to solicit the listing of a property
• A follow up call to a person that recently inspected a property (by appointment or open inspection)

Are there exceptions to the Do Not Call Registry rules?

Yes, there is an exception to these rules – that is, if the recipient offers their consent. So what is meant by consent exactly? Well this can be divided into two categories – express consent and inferred consent.

Express consent is when a person has clearly stated to you that they agree in receiving a marketing call from your organisation. Examples include written acceptance (on a form, ticking a box, etc.) or verbally agreeing to the telemarketing calls.

Inferred consent on the other hand, is when you’ve built a relationship with a person and so a marketing call would be permitted by the recipient based on this relationship. For example, if you’ve dealt with a client before, perhaps sold their house previously, then inferred consent is given. Of course this comes down to reason. There’s no need to hassle your old clients every few months if they’ve explicitly told you they do not plan to sell anytime soon. This is really a judgement call but remember that breaking these rules is a serious offence so make sure to tread lightly.

It is vital that consent is established before you call a person on the Do Not Call Registry. Consent is not automatically granted just because the recipient has accepted a telemarketing call from an organisation in the past or if their number is publicly available.

How do I check the Do Not Call Register?

A system has been established for telemarketers to check, or ‘wash,’ their calling lists against the register. This offers an effective way for real estate agents to avoid breaking the Do Not Call Registry rules, which is an offence punishable by law. The system can be accessed through www.donotcall.gov.au with a subscription fee.

Alternatively, if you’re seeking a hassle-free approach to residential phone listings, you might find Radius Suburb useful. It’s an excellent resource for generating real estate leads and with phone listings washed every 21 days, it’s a reliable resource too. Contact Radius Suburb today to get ahead in the real estate game.