🏡 Mastering FSBOs, Expired Listings, SMS, and TCPA Compliance: A Real Estate Agent’s Guide

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Good morning. ☀️ Navigating FSBOs, expired listings, and SMS marketing can be game-changers for real estate agents—if done right. In this guide, we’ll explore proven strategies for success while staying compliant with TCPA regulations.

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MASTERING FSBOS, EXPIRED LISTINGS, SMS, AND TCPA COMPLIANCE: A REAL ESTATE AGENT’S GUIDE

For real estate professionals, FSBOs (For Sale By Owner), expired listings, and direct outreach remain essential lead-generation strategies. However, with evolving Telephone Consumer Protection Act (TCPA) regulations, staying compliant while maximizing these opportunities is more critical than ever.

Renowned real estate coaches Tim and Julie Harris emphasize that success in today’s market requires a balance of strategy, professionalism, and strict adherence to compliance rules. This guide will show you how to navigate FSBOs, expireds, and SMS outreach effectively—and legally—while setting yourself apart as a trusted advisor.

Why FSBOs and Expired Listings Are Goldmines

Tim Harris says:

These homeowners are motivated, but they also require a strategic and compliant approach. Missteps, especially with TCPA rules, can lead to lost opportunities—or worse, hefty fines.

FSBOs: Opportunities and Rules

FSBOs are homeowners who have chosen to sell their property independently, often to save on commission costs. While they may resist agents initially, they’re often open to solutions that genuinely help them achieve their goals.

Can You Call FSBOs on the DNC List?

Yes, but only under specific circumstances:

• Permitted: You’re calling on behalf of a buyer interested in their property.

• Not Permitted: You’re calling to solicit your services as a listing agent unless you have explicit consent.

Tips for Success with FSBOs

1. Start by Adding Value:
   Instead of leading with a sales pitch, position yourself as a resource.

   • Script Example:
     “Hi [Name], this is [Your Name] with [Your Brokerage]. I noticed your home is for sale, and I have a buyer looking for a property in your area. Would you mind answering a few quick questions?”

2. Document Every Interaction:
   If the conversation shifts and they express interest in your services, ask for explicit permission to follow up and record their consent.

3. Non-Phone Strategies for FSBOs:

   • Direct Mail: Send personalized letters offering market insights.

   • Social Media: Engage with them on platforms like Facebook or Instagram, where you can build trust over time.

Julie Harris advises:

Expired Listings: Turning Frustration into Opportunity

Expired listings represent a group of homeowners who already tried to sell and didn’t succeed. These leads are motivated but often frustrated with their prior experience.

Can You Call Expireds on the DNC List?

You cannot call expired listings on the DNC list unless:

• You have an existing business relationship with them.

• They’ve given explicit consent to be contacted.

Best Practices for Expired Listings

1. Show Empathy and Offer Solutions:
   Expired homeowners are often frustrated with their previous agent. Focus on how you can provide a fresh approach.

   • Script Example:
     “Hi [Name], this is [Your Name] with [Your Brokerage]. I saw that your home recently came off the market, and I’d love to help you get it sold. Many homeowners I’ve worked with felt the same way after their first attempt, but with a few changes, we’ve been able to achieve great results.”

2. Leverage Non-Phone Outreach:

   • Send a handwritten letter acknowledging their frustration and offering a free consultation.

   • Use direct mail to highlight your success with other expired listings.

   • If appropriate, consider a face-to-face conversation (door-knocking).

Using SMS Effectively While Staying Compliant

Texting has become a popular way to connect with leads, but TCPA rules are strict. Here’s how to do it the right way:

Best Practices for SMS

1. Obtain Explicit Consent:

   • Leads must agree to receive texts from you.

   • Example: “I agree to receive property updates from [Your Business Name], no more than 3-5 texts per week.”

2. Include Opt-Out Options:

   • Every text must provide an easy way for recipients to unsubscribe.

   • Example: “Reply STOP to unsubscribe.”

3. Be Personal and Relevant:
   Avoid generic mass texts. Tailor your messages to the recipient.

   • Example: “Hi [Name], there’s a new listing in [Neighborhood] that fits your search. Interested in scheduling a tour?”

Tim Harris emphasizes:

FAQs: Common Questions About FSBOs, Expireds, and TCPA

1. Can I call a FSBO if their number is on the DNC list?
   Yes, if you’re calling about a specific buyer’s interest in their property.

2. Can I text an expired listing?
   Only if you have explicit consent or an existing business relationship.

3. What are the penalties for violating TCPA rules?
   Fines can reach up to $1,500 per violation, making compliance essential.

Action Plan: How to Get Started

1. Audit Your Processes:
   Ensure all your outreach strategies—calls, texts, emails, and direct mail—are compliant.

2. Document Consent:
   Use CRM tools to track consent and opt-out requests.

3. Create a Multi-Channel Strategy:

   • Combine compliant calls and texts with direct mail, email campaigns, and social media.

   • Diversify your approach to maximize your reach.

4. Practice Your Scripts:
   Use objection handlers from Tim and Julie Harris to refine your messaging. For more resources, check out their podcast on iTunes.

5. Stay Educated:
   Laws and market conditions change. Keep learning through coaching programs, podcasts, and industry updates.

FINAL TAKEAWAY

Navigating FSBOs, expired listings, and SMS outreach in today’s regulatory environment requires strategy, compliance, and empathy. By following the guidance of Tim and Julie Harris, you can turn these opportunities into consistent, high-quality leads while building trust and avoiding legal pitfalls.

As Julie Harris says:

🎧 For more strategies, check out the Tim and Julie Harris Real Estate Coaching Podcast here or on iTunes.

🚀 Next Step: In Premier and Elite Coaching, you will have all the scripts you need to achieve versatility, get the results your clients want, and have smoother transactions.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney or compliance expert to ensure your business practices align with current laws and regulations.

TAKE ACTION TODAY

Join our Premier Coaching for free, and get daily coaching sessions, expert scripts, and the strategies you need to tackle prospecting head-on. Sign up at https://premiercoaching.com.

And if you’re ready to take that next big step, consider joining the EXP Realty team. Visit https://whylibertas.com/harris or text Tim directly at 512-758-0206.

AND THAT'S A WRAP!

Thanks for the support,

Tim & Julie Harris
Harris Real Estate Daily

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