![](/images/phone/telemarketing/tobligations/Section_Banners/C&E_Guide_sectionbanners_RealEstate_01.jpg)
Guidance for the real estate industry
Different industries have obligations and responsibilities in regards to the Unsolicited Telecommunications Rules and the National Do Not Call List (National DNCL). Find out more about the guidelines and how to comply with the rules.
On this page
- Registration and Subscription to the National Do Not Call List
- Avoiding liability
- Situations and responsibilities
- More information
- Guidance for other industries
Registration and subscription to the National Do Not Call List
Registration and subscription to the National Do Not Call List is done at the brokerage level and not at the parent company or agent level. The brokerage must register and subscribe to the National Do Not Call List prior to making any unsolicited calls. It can then share its subscription with its agents and employees. The brokerage must also maintain an internal brokerage-wide do not call list of consumers who have asked not to be called.
For example, ABC Realty West and ABC Realty Space are brokerages of the parent company, ABC Realty Inc. Therefore, ABC Realty West and ABC Realty Space must each register and purchase a subscription to the National Do Not Call List (DNCL). They can then cover their agents with their respective subscription. A set out in Telecommunications Decision 2007-48, the CRTC prohibits subscribers to the DNCL from selling, renting, leasing, publishing, or otherwise disclosing the National DNCL or any portion thereof to any person outside of their organizations, including any affiliate – it is therefore under distinct subscriptions that ABC Realty West and ABC Realty Space will have access to the DNCL. As a parent company, ABC Realty Inc. cannot subscribe to the National Do Not Call List.
Avoiding liability
The brokerage is liable for the actions of its agents and any lead generators used by its agents. (A lead generator is a company that is hired to make telemarketing calls.) The agents are liable for the actions of any lead generator they hire.
If you own a brokerage, make sure your agents and any lead generators they (or you) hire are fully compliant with the Unsolicited Telecommunications Rules.
If a lead generator says they will take care of registering and subscribing to the National Do Not Call List, they may be non-compliant. As a result, you could be held liable for any violations that occur while they are calling on your behalf.
A person sharing their phone number on a website to sell their house does not constitute valid consent on their part to receive calls from a real estate agent offering their services. Agents must always make sure that rules are respected, including checking if a given person is registered on the DNCL, should they wish to call that person. This could represent a violation of the rules and result in an administrative monetary penalty.
It is important to show care when using lead generators: indeed, you could be held responsible of any violation they commit. You are responsible for making sure lead generators respect the rules. Even if a lead generator’s contract stipulates that it abides by the rules, this is not enough; you could still be held responsible of its actions. Make sur to show reasonable diligence when you hire one.
Situations and responsibilities (dealers, advisors, lead generators)
-
Independent agent making their own calls
The agent must:
- register with the National Do Not Call List
- maintain an internal do not call list
- purchase a subscription to every area code the agents intend to call
- download the subscribed numbers every 31 days
- scrub your call list against the National Do Not Call List, your personal do not call list, and your internal list
- ensure you do not call any consumer telephone number on any do not call list
- ensure that you follow all Unsolicited Telecommunication Rules
-
Agent of a brokerage making their own calls
The brokerage must:
- register with the National Do Not Call List
- maintain an internal do not call list
- purchase a subscription to every area code the agents intend to call
The agent must:
- ensure your brokerage is registered and has purchased a subscription to the National Do Not Call List area codes that you intended to call
- download the subscribed numbers every 31 days
- scrub your call list against the National Do Not Call List, your personal do not call list, and the brokerage’s internal list
- ensure you do not call any consumer telephone number on any do not call list
- ensure that you follow all Unsolicited Telecommunication Rules
-
Agent hiring a lead generator to make telemarketing calls
The brokerage must:
- be registered with the National Do Not Call List
- maintain an internal do not call list
The agent must:
- purchase a subscription to the Do Not Call List that includes every area code your vendor will call on your behalf
- provide the lead generator with:
- the list of numbers included in your subscription
- a copy of your personal do not call list (if any) and your brokerage’s list
- make sure the list of numbers from the National Do Not Call List used by the lead generator is updated no later than every 31 days
- ensure the lead generator does not call any number on either the National Do Not Call List or your internal lists
- ensure the lead generator knows they must follow the Unsolicited Telecommunication Rules
The lead generator must:
- confirm your client has a valid registration and subscription to the National Do Not Call List
- download an updated list of numbers for the subscribed area codes no later than every 31 days
- scrub the call list against the subscribed list and your client’s internal do not call lists
- ensure you follow all Unsolicited Telecommunication Rules
More information
- Unsolicited Telecommunications Rules: Know your obligations
- Telecom Information Bulletin CRTC 2009-283
- Frequently asked questions about registration and subscription
- How to register with the National Do Not Call List
Guidance for other industries
- Financial dealers (investments and mutual funds) and advisors
- The insurance industry
- Mortgage brokers
- Car dealerships
- HVAC, heating and cooling, and duct cleaning companies
- All other industries
The information provided herein is guidance provided by the Canadian Radio-television and Telecommunications Commission, and should not be considered comprehensive, nor legally binding. If you are still unsure of your compliance with the Unsolicited Telecommunications Rules, consider engaging the assistance of private regulatory legal counsel.
- Date modified: