Expired
listing scripts.

Confirm the expired listing is still off the market. Search the MLS for a new listing at that address with any broker. NAR’s Code of Ethics bars a REALTOR from soliciting a listing that is currently listed exclusively with another broker.

Check the number. An expired listing is not an exception to the Do Not Call rules. You have no relationship with this owner, so if the number is on the registry, send the letter below and do not call.

Pull the days on market, the price changes and the photos. Write one sentence on what you would have changed. That sentence is your reason for calling.

You: Hi, is this [owner]? This is [your name] with [brokerage]. I’m a real estate agent. I saw [street] came off the MLS [day]. Is this a bad time for one question?

Them: What is it?

You: Do you still want to sell, or have you decided to stay?

If they still want to sell. You: What do you think kept it from selling in those [days on market] days?

Let them talk. Do not defend the last agent and do not blame them. Write down what they say about price, showings and communication.

You: I looked at it too, and I noticed [your one sentence]. Could I come by for 15 minutes on [day] and show you what I’d do differently? If it’s nothing new, you’ve lost 15 minutes.

Them: Agents have been calling all morning. You: I’m sure they have, and I’m sorry to add to it. What would an agent need to say for you to want to hear more?

Them: We’re taking it off the market for a while. You: After [days on market] days, that makes sense. When you come back to it, what would need to be different this time?

Them: We’re relisting with our agent. You: Thanks for telling me. I won’t take any more of your time. Good luck with the sale. Then end the call: they are under agreement again.

Them: Stop calling me. You: Of course. I’ll take you off my list today. Sorry to bother you. Then add the number to your own do not call list before you make the next call.

Use this when the number is on the registry, or the owner would rather read than talk.

Dear [owner], your home at [street] was on the market for [days on market] days and the listing has now ended. I don’t know what happened, and I won’t guess. I looked at the listing and noticed [your one sentence]. If you still want to sell, I’d like to show you what I would change. If you’ve decided to stay, enjoy the house and keep this for later. [Your name], [brokerage], [phone]

The listing: 14 Sample Lane, Anytown. Expired after 94 days, two price changes, 11 photos, all taken at dusk. Number checked and clear of the registry. The agent’s one sentence: the photos hid the yard, which is the best thing about the house.

You: Hi, is this Pat? This is Alex Sample with Sample Realty. I’m a real estate agent. I saw Sample Lane came off the MLS this morning. Is this a bad time for one question?

Them: I guess not. Go ahead.

You: Do you still want to sell, or have you decided to stay?

Them: We still have to move by spring.

You: What do you think kept it from selling in those 94 days?

Them: We had showings, but people said it felt dark.

You: I looked at it too. Every photo was taken at dusk, and you can barely see the yard. Could I come by for 15 minutes on Thursday and show you what I’d do differently? If it’s nothing new, you’ve lost 15 minutes.

Check every number against the National Do Not Call Registry before you dial, using a copy no more than 31 days old. Check your state list too.

A sales call to a registered number is allowed only with the person’s permission or an existing relationship: a sale or transaction in the last 18 months, or their own inquiry in the last 3 months.

Call between 8 a.m. and 9 p.m. in their time zone. Give your name, your company and a number or address where you can be reached.

When someone says stop calling, add them to your own do not call list within 10 business days and keep them there for 5 years.

FTC, Complying with the Telemarketing Sales Rule · 47 CFR 64.1200, the FCC telemarketing rule · NAR, Telemarketing and Cold-Calling

Marketing calls or texts to a mobile number from an autodialer, or with a prerecorded voice, need prior express written consent: a signed agreement that names the number and says signing is not a condition of buying.

The FCC’s calling rules cover text messages to mobile numbers too. Give an easy way out, such as replying STOP, and honor it within 10 business days.

A person can sue under the TCPA for $500 for each violation, and a court can triple that. The FTC’s civil penalty runs to $53,088 for each violation of its rule.

47 USC 227, the TCPA · 47 CFR 64.1200, the FCC telemarketing rule · FTC, Complying with the Telemarketing Sales Rule