Calling expired listings in 2026: consent, do-not-call and what's allowed

Calling expired listings is legal in many cases. Calling them carelessly is how agents end up on the wrong side of the do-not-call rules. The difference is a few checks before you dial.

This article is general education, not legal advice. Rules differ by state and change over time. Ask your broker or an attorney before you start a calling program.

An expired listing is a seller who wanted to sell and did not. Many agents call them the day the listing drops off the MLS. That can work, but it brings three sets of rules at once: industry ethics about the old listing, federal do-not-call rules, and the rules for autodialed, prerecorded and AI voices. Here is each one in plain English, with the primary sources.

First, make sure it really expired

An "expired" status is not always the end of the story. The seller may have extended with the same broker or signed with someone new. NAR's Code of Ethics case interpretations include a case on soliciting an expired listing. In Case 16-5, an agent called the owner after expiration to confirm the home had not been relisted, then went after the listing. The hearing panel found no violation, because the old listing broker has no extended claim once the agreement ends.

The practical rule: check the MLS status the day you call, and if anything looks unclear, ask the owner whether the home is listed with anyone before you pitch. If it is, thank them and move on.

Do-not-call basics

A call asking an owner to list with you is a sales call. The national Do Not Call Registry applies to it. Here is what the FTC and FCC rules say:

• Check the registry at least every 31 days. The FTC says sellers and telemarketers must check the registry at least once every 31 days. The FCC's safe harbor in 47 CFR 64.1200(c)(2) also looks for a registry version no more than 31 days old, written procedures and trained staff.
• Call only between 8 AM and 9 PM in the called person's time zone, under 47 CFR 64.1200(c)(1). Some states set tighter hours.
• Keep your own do-not-call list. Under 64.1200(d), a request to stop must be honored within a reasonable time, no more than 10 business days, and kept for 5 years. Best practice is to stop at once.
• Do not count on an "existing relationship." The established business relationship exception covers 18 months after a purchase or transaction with your company, or 3 months after an inquiry to you. An expired seller usually had that relationship with the other brokerage, not with you.

Autodialers, recordings and AI voices

This is where most of the risk sits. Under 47 CFR 64.1200(a)(2) and (a)(3), telemarketing calls that use an artificial or prerecorded voice need the person's prior express written consent, whether the number is a cell phone or a home line. In its 2024 ruling, the FCC said the TCPA's limits on artificial or prerecorded voice calls cover today's AI technologies that generate human voices.

Put together, the plain reading is: an expired seller has not given you written consent, so do not cold call them with a robocall, a ringless voicemail drop or an AI voice. A person should dial and talk. Our guide to AI calls, texts and the TCPA goes deeper, including the court decisions still in motion.

Texts deserve the same caution. Do not cold text expired sellers. Text only after they say yes, and save that yes with the time and the words they used.

State rules on top

Many states add their own layer: a state do-not-call list, tighter calling hours, limits on how many times you can call the same person in a day, or recording consent rules. Florida, for example, needs everyone's consent to record a call. Check your state before you build a calling list, and set your system's defaults to the strictest rule that applies.

A compliant expired listing workflow

1. Pull the list under your MLS rules, and confirm each home is still expired and not relisted.
2. Scrub every number against the national registry, your state list if there is one, and your own do-not-call list.
3. Dial by hand during calling hours. No robocalls, no voicemail drops, no AI voice on cold calls.
4. Say who you are and the brokerage you work for in the first sentence.
5. Honor "don't call me" on the spot. Add the number to your list before you hang up.
6. Ask permission for follow-up. If they want a market analysis or texts, save that consent with the time and source.
7. Only then automate. Once they have opted in, automated follow-up and AI calls can follow the consent they gave.

Other ways to reach expired sellers

The phone is not the only door. A handwritten note or a short mailed market report is not covered by the telephone rules, and it gives the owner a way to call you on their terms. Door knocking can work too, but check your city's rules on soliciting and respect any "no soliciting" sign. Whatever you send, put your brokerage name on it, keep the tone respectful and never claim the last agent did a bad job. An inbound call from a seller who read your note is the easiest compliant conversation you will ever have, and when they call, someone should answer.

What to say

Keep it short and respectful. Something like: "Hi, this is [your name] with [your brokerage]. I saw your home came off the market. Is it listed with anyone right now? ... Would it help if I sent a short note on what sold nearby and why? Is text or email better, and is it okay if I follow up?" If they say no, thank them and add the number to your do-not-call list.

Never guess at a price on the phone or criticize the last agent. Offer a real market analysis instead. Our listing launch plan covers what to do once you win it.

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