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Solicitation Rules

Did you know that real estate brokers are subject to solicitation rules?

It’s true. Real estate brokers are subject to regulations governing telephone solicitation in accordance with the CRTC’s Rules for Unsolicited Telecommunications (including the National DNCL rules) as well as email solicitation in accordance with Canada’s Anti-Spam Legislation.

At RE/MAX, our real estate agencies and brokers have access to many tools that make it possible for us to implement policies and procedures regarding solicitation to ensure we are in a position to comply with these rules.

What do these telephone solicitation rules entail?

The National Do Not Call List (DNCL) was created to allow consumers to register their phone number on a list that lets telemarketers know that they do not want to receive telemarketing calls. Depending on their preference, consumers can list their home phone and cell phone number, or only one of these numbers.

Accordingly, before making a solicitation call, real estate brokers must make sure the phone number they want to call isn’t registered on the National DNCL. If it is, they cannot make the call outside of certain exceptions provided by the law.

What are the exceptions provided by the law? 

Active brokerage contract: The law allows real estate brokers to call a person whose number is registered on the National DNCL if that person has entered into a brokerage contract with the real estate broker’s agency.

Expired brokerage contract: The law allows real estate brokers to call a person whose number is registered on the National DNCL up to eighteen (18) months following the end of the brokerage contract they had with the real estate broker’s agency.

Requests for information: The law allows real estate brokers to call a person whose number is registered on the National DNCL for up to six (6) months as long as the call is in response to a request for information, whether that’s regarding their services or regarding a property they have been mandated to sell.

Express consent: The law allows real estate brokers to call a person whose number is registered on the National DNCL if that person has given their express consent, either verbally or in writing, to receive solicitation calls even though their number is registered on the National DNCL.

I am selling my property on my own and my phone number is registered on the National DNCL. Why am I getting calls from real estate brokers?

A real estate broker may not call a property owner who is selling their own property for solicitation purposes if that person’s number is registered on the National DNCL. This is because the law does not consider that displaying your phone number on a sign or website constitutes express consent to receive unsolicited phone calls.

That being said, a real estate broker may call a property owner who is selling their own property even though their phone number registered on the National DNCL if the call is being made to request a property viewing on behalf of a client who is looking to buy.

Are solicitation calls governed by the law?

Yes, solicitation calls are governed by the law. In particular, the following rules must be observed:

  • The call must be made within a specific timeframe, that is to say, from 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday), and from 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday).
  • The caller’s phone number must be visible to anyone with call display.
  • At the start of the call, the real estate broker must clearly identify themself. 

What about email solicitation rules?

Canada’s Anti-Spam Legislation (CASL) does not allow commercial electronic messages to be sent to an email address unless the following criteria are met:

  • The recipient has given their express or implied consent;
  • The required identification information is provided;
  • The email provides an opt-out mechanism.

Which commercial electronic messages are covered by CASL?

CASL specifically applies to commercial electronic messages sent to the following destinations:

  • An email account;
  • A telephone account;
  • An instant messaging account;
  • Any other similar account (e.g., certain social media accounts such as private messages sent through social media platforms like LinkedIn or Facebook). 

What is implied consent?

CASL allows real estate brokers to send commercial electronic messages in the following cases:

  • The recipient has entered into a brokerage contract that is still in effect or that has ended sometime within the last two years prior to the date the message was sent;
  • The recipient has requested information sometime within the last six (6) months prior to the date the message was sent.

What identifying information is required?

The commercial electronic message must contain information that makes it possible to identify the real estate broker as well as their mailing address and phone number.

What is an opt-out mechanism?

An opt-out mechanism allows the recipient of a commercial electronic message to withdraw their consent to receive such messages. This withdrawal must be effective no later than ten (10) business days after the request to opt out of receiving messages was made.  

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