BROKERS SHOULD HAVE WRITTEN DO-NOT-CALL POLICIES AVAILABLE UPON DEMAND
REALTORSŪ should beware of a do-not-call scheme currently targeted at real estate brokerages. In this scheme, an individual contacts a real estate brokerage. Despite no prior dealings with the brokerage, the individual asks to be placed on the company's do-not-call list. He also asks the brokerage to, within five days, mail him a copy of the company's policy for maintaining a do-not-call list. If the individual does not receive the policy in five days, he threatens to sue the brokerage, but offers to settle the matter for about $5,000.

This do-not-call scheme serves as a good reminder for REALTORSŪ to comply with the do-not-call rules. Under federal law, anyone who initiates a telemarketing call to a residential or cell phone must, among other things, have a written policy, available upon demand, for maintaining the company's do-not-call list. Most real estate brokerages must comply with this requirement because "telemarketing" is very broadly defined as any calls made "for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services." Moreover, there is no exception to this requirement for calls made based upon written permission, personal relationship, or established business relationship.

The federal do-not-call rules do not specifically require delivery of the written policy within five days, although a prudent broker should, upon anyone's request, provide the written policy within a reasonable time. For more information, go to the NATIONAL ASSOCIATION OF REALTORSŪ' "Do Not Call" Alert, which includes a sample Do Not Call Policy (NAR password required). C.A.R. will soon release additional tools and resources to help combat this do-not-call scheme.

C.A.R.'s Legal Department provides REALTORSŪ with many legal articles covering a wide range of topics of interest. Here are some of our new or newly revised legal articles available through C.A.R. Online:

Sounds like legal advice..not that those hokey disclaimers do anyone anygood...you sound like trouble looking to happen.

My policy is we make no telemarketing calls.

Tucker: You're an idiot, ok? This has been circulated to ever realtor in the country. There's a dude in Minnesota who makes a living by setting up telemarketers and realtors, making them violate some minor DNC rule, and then sues them hoping for a quick settlement. He even wrote a book about it.

tucker what did that comment mean? that post was a copy and paste from teh california association of realtor warning email

Does anyone have this do not call template?

Why is he an idiot? Thats pretty harsh? I am trying to understand your anality towards a fellow Realtor. On the other hand do I really care? Naaaaaaaaaaaaaa I can tell you Though that 100 percent brokers rule.

a·nal·i·ty (ā-năl'ĭ-tē)
n.

The psychological state derived from and characteristic of the anal period of psychosexual development.


That's hawt.

I'm with Retsof Yor, I don't call unless I've been called first. In the event I am contacted for my policy I will quickly commit it from mind to writing including a form on which I will be happy to make the caller the first entry.