Many agents have used phone solicitations quite effectively to build their businesses. They understand the power of the phone and that there are always folks sitting out there thinking of selling. There are also those who tried to sell but whose listings expired, and what about those ubiquitous FSBOs?

For my money, they really need our help.

Effective October 1st the law that put a few sizable coffin nails into phone solicitation goes into effect. The so called No-Call Law. Millions of Americans have already joined the registry. Truth be told, this is one uber-popular law.

However, there are lots of talented folks at NAR working diligently on gaining some Realtor® exemptions. Those exemptions (or perhaps modifications) would include calls made to FSBOs, expireds and faxes sent. Through the collective efforts of NAR and several other national associations, on August 19th a stay on the implementation of the portion of the law that applies to faxes only was granted. That portion of the law will now take effect 1/1/05. This gives the concerned parties another year to negotiate some workable revisions to the law. Implementation alone presents challenges that no one fully understands at this juncture.

So where does that leave the Realtor® who wants to continue to grow his/her business via phone while maintaining integrity with legalities? Here are the musts:

1. Make sure that you and your broker visits the NAR site regularly (realtor.org) and keep abreast with NAR’s progress with its lobbying efforts on our behalf.

2. As of September 1st, the FCC (www.FCC.gov) made a list available of those who have already registered. Brokers need to get onto that site, register themselves, get an access code assigned to them, and then make sure their agents have that access code which gets them to the list. Anyone not already registered on the do-not-call list must now wait for January to do so.

3. With the list close at hand, agents can continue to phone prospect. Do not call anyone who does not want to be called. If someone tells you they did not want to be called, explain to them that they were not on the list and suggest that they register now for the revised January list. As a courtesy, direct them to the FCC site where they may register.

4. Just because the issue of phoning FSBOs remains unresolved, that is no reason not to try to prospect them. Put together some helpful market information/forms a FSBO would appreciate having and deliver it in person. As far as I know, it is still legal to go and ring a person’s bell…

5. Write to sellers whose listings have expired. Or, you could drop in on them as well. Simply ask if they would still be interested in selling. Caveat: Be sure the home did expire and didn’t sell. That is not always easy to know when you are not calling first. If you happen on a seller whose sale is pending, wish them luck, apologize for the error, and leave.

One of my favorite books of all time is Who Moved My Cheese?, by Johnson and Spencer. The Do-Not-Call Law is a classic example of the cheese moving. It just got up and ran this time. We always have choices when the cheese up and leaves. For me, dealing with difficult change usually involves my jammies and a gallon of ice cream. Next day -- I'm out to find new ways to achieve whatever it was that I set out to do.

While this problem-solving method might not work for you (what the heck, eat the ice cream anyway.) if you aren’t willing to find a way around the challenge, please be considerate enough to move so that the people who are putting on their tennis shoes, ready to head out into the maze, won’t have to trip over you!

Happy prospecting!

Published: September 10, 2003

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Marylyn B. Schwartz, CSP, is a noted expert in real estate and corporate sales training, team development, customer care and diversity issues. She is president of TEAMWEAVERS and was a trainer for the Floyd Wickman Courses©, Sweathogs® program for over five years. Marylyn is also an author and Business/Life Coach. Contact her at , or visit her website at MarylynBSchwartz.com.