The new federal do-not-call rules are not just for "telemarketers." In fact, all of us in the real estate business are covered by the laws. Everyday activities like calling "FSBO's" and "Expireds", farming for listings, following up on a referral passed along from a friend, even calling past customers, all can be violations of the law under certain circumstances. And violators face fines of $ 11,000 per unauthorized call! It's important to note that compliance has to be managed at the company (not agent or office) level, because a company do-not-call list must be maintained and honored. If one of the agents in the firm is calling FSBOs and asks that the company not call again, that restriction applies to every agent in the company - even if the consumer isn't on the national do-not-call registry. The good news is that the government created a "safe harbor" within which brokers can escape penalties for the occasional errant call. Here are the rules for "safe harbor" treatment:

I had a client tell me that a local agent had bought her name as a domain name, such as BettyBoop.com. The agent then "pointed" it to his own site! So if someone was looking for Betty, at ABC Realty, they went instead to her competitors Web site. Not only was he not affiliated with her, but he was from a different company all together. She asked me if this was illegal, or at the least, could she stop him from doing it. I did some research and found that NAR had already addressed this once, and they will not allow it. What follows is the case in which they decided it.

REALTOR ® X and his information technology staff concluded that one way to drive traffic to the firm's website would be to take advantage of the search engines commonly used by potential buyers and sellers. They realized that when potential buyers or sellers searched on key words like "real estate" or "REALTORS ®" or on similar words, lists of domain names would appear, and that when consumers searched the Internet for ABC, REALTORS ®, one of the domain names that might appear would be REALTOR ® X's domain name, abcREALTORS.com.
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