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Do Not Call Register - Agents
Thursday, May 31, 2007
The following are examples of the effect of the new rules on some common agent practices.
Taking an inquiry
A person phones the business seeking general information or specific information on a property and requests that someone calls them back.
• Agent can: Call as clearly express consent has been given. If the inquiry was a general inquiry and not property specific, the agent can continue to call the person on other properties until consent is withdrawn or expired. Prior to making a future call the number then needs to be washed.
• Agent cannot: Rely on the initial consent after 3 months of the consent being given. If the initial inquiry was property specific, the agent does not have consent to call the consumer on other properties that may become available.
• Agent may: During the 3-month period: (i) rely on inferred consent by maintaining the business relationship with regular contact and thereby the consent period is extended on an ongoing basis; (ii) obtain express consent in writing for a specific or indefinite period.
For sale by owner (FSBO)
There are two instances when an agent would call a FSBO seller. The first would be as a buyers’ agent, and the second would be as an agent seeking the listing.
• Buyers’ agent can: Contact seller whose number is listed on the DNC Register about a client’s potential interest in the property.
• Agent cannot: Initiate a call in an attempt to obtain the listing if the number is listed on the DNC Register.
Open for inspection
Visitors to an open house usually provide personal information (i.e. contact details on a sign-in sheet) either for security reasons and marketing purposes.
Amongst other things, the Privacy Act 2001 (Commonwealth) provides that individuals must be made aware of the purpose of collection and that specific consent is required to use information for any purpose unrelated to the primary purpose.
Existing sign-in sheets that agents use for compliance under privacy legislation should already alert the visitor that their information will be used for marketing purposes. However, under the Do Not Call requirements express consent lasts for 3 months unless it has been given for a longer or indefinite period.
It is recommended that sign-in sheets be amended to provide sufficient space to include the period of consent.
• Agent can: Call the visitor/prospect if they have given their consent.
• Agent cannot: Call the visitor/prospect if the consumer does not have a reasonable expectation that they will receive the call (i.e. inferred consent). Don’t forget obligations under the privacy legislation.
Expired listings
If the established business relationship between the agent and seller has ceased the agent is not permitted to call if the seller’s number is listed on the DNC Register.
• Agent can: Call the seller if the exclusive period of the agency agreement has expired and there is an ongoing agency based upon a continuing agency agreement.
• Agent cannot: Call if the seller has terminated the agency agreement.
Prospecting for market appraisals
Agent must first check the numbers against the DNC register (i.e. wash the list prior to conducting any telephone canvassing for market appraisals).
• Agent can: Call if the number is not listed on the DNC Register.
• Agent cannot: Call the number if it is listed on the DNC Register. If the consumer requests that they do not wish to be called by the firm in the future (and they are not listed on the DNC Register) it is good business practice to maintain a “company-specific” register.
- Real Estate Institute of NSW
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