Real Estate Prospecting Call Scripts | FSBO, Expired Listings

Key Information

Outbound prospecting calls are a core lead generation activity for real estate agents — but calling FSBO sellers, expired listing homeowners, and cold geographic prospects is regulated by federal and state law. The Telephone Consumer Protection Act (TCPA) and the FTC's National Do Not Call Registry govern commercial telemarketing calls, and some states have stricter laws (notably Florida's Mini-TCPA). BuildMyListing generates prospecting call scripts for the contexts where agents can call — specifically, FSBO sellers who have publicly listed their phone number as a business invitation, expired listing homeowners, and past clients the agent has previously worked with — with honest framing about regulatory constraints agents must respect before dialing.

Pricing: Starting $99/month

Time Required: Prospecting scripts ready in minutes

The Problem

Real estate agents who prospect by phone need scripts that work — and they need to know which calls they can legally make before they dial. Calling FSBO sellers who have publicly listed their number is different from calling a name from a purchased list. Expired listings are different from cold geographic farming calls. The line matters: TCPA violations can result in $500-$1,500 per call in statutory damages, and state mini-TCPA laws like Florida's add additional risk.

The Solution

BuildMyListing generates prospecting call scripts for the three categories where agents most commonly make outbound calls: FSBO sellers who have publicly advertised their contact information, expired listing homeowners, and past clients. Each script comes with an honest summary of the regulatory context that applies — so agents can prospect effectively without stepping into TCPA or DNC exposure.

Key Features

FSBO Prospecting Script

A professional, respectful script for reaching out to For-Sale-By-Owner sellers who have publicly listed their phone number in their FSBO ad — these sellers have affirmatively made their number available as part of a business transaction, which is distinct from cold telemarketing. The script opens with genuine value (local comparable sales data, buyer pipeline) rather than a sales pitch, and respects the seller's choice to sell independently.

Benefit: Effective FSBO outreach without the pressure-sale tone that kills conversions

Expired Listing Script

A script for reaching out to homeowners whose MLS listing expired without selling — they clearly wanted to sell, and the question is why it didn't happen. The expired listing script addresses the seller's likely frustration (time wasted, home still unsold) and offers genuine diagnosis (pricing, marketing, or staging issue?) rather than a generic pitch for a new listing agreement.

Benefit: Expired listing conversations that start with diagnosis, not a sales pitch

Past-Client Check-In Script

A script for annual or semi-annual check-in calls to past clients — people the agent has previously represented. Past clients are not strangers; the agent has an established business relationship with them, making these calls the most comfortable and legally cleanest category of prospecting calls. The check-in script is brief, genuine, and asks about the client's home situation without pressure.

Benefit: Warm, relationship-maintaining calls to your highest-value contacts

TCPA and DNC Compliance Guidance

Every prospecting script package includes a plain-English summary of the applicable TCPA and DNC constraints for each call type — not legal advice, but practical guidance on what to check before dialing. This includes: the difference between a FSBO's publicly listed number and a name on a purchased list, how to check the National DNC Registry, and a note on states with stricter laws (Florida, Texas, and others).

Benefit: Honest regulatory framing so you know what you can and can't do

How It Works

Select Your Prospecting Context

Choose your call type: FSBO outreach (homeowner has publicly listed their number), expired listing outreach, or past-client check-in. BuildMyListing generates scripts appropriate to each context — and includes the regulatory context summary relevant to that call type.

Enter Your Details and the Contact's Situation

Input your name, market area, and relevant details about the contact's situation: for FSBO, the address and approximate listing price; for expired, the property and approximate days-on-market before expiration; for past clients, the client's transaction (what they bought/sold and when). BuildMyListing personalizes the script to the specific context.

Download Scripts with Compliance Guidance

Download the call script (opening, main body, objection handling, close) and the accompanying TCPA/DNC compliance guidance for that call type. The script is formatted as a one-page reference card for use during calls.

Compliance Reference

Call Context	Regulatory Framework	What Agents Must Know
FSBO outreach (publicly listed number)	TCPA (47 U.S.C. §227); FTC National DNC Registry (16 CFR Part 310); state laws	FSBO sellers who have published their phone number in a public FSBO advertisement have made that number available for business inquiries about the property — this is generally distinguished from telemarketing to residential consumers under the TCPA. However, agents should still check the National DNC Registry before calling: if the number is registered, the nature of the FSBO's 'invitation' may not override the DNC registration. Best practice: check the DNC Registry for every number before calling.
Expired listing outreach (past advertised property)	TCPA; National DNC Registry; state mini-TCPA laws	Expired listing homeowners who listed their property on the MLS (and whose agent's phone number may have been public) did not consent to receiving prospecting calls from other agents. If their personal number is on the National DNC Registry, calling them for commercial purposes requires an established business relationship or prior express consent. Check the DNC Registry. Do not use autodialer equipment for any of these calls — TCPA liability attaches to use of automatic telephone dialing systems regardless of the list source.
Past-client outreach (established business relationship)	TCPA; National DNC Registry (established business relationship exception)	Agents have an established business relationship (EBR) with past clients. The TCPA and the DNC rules recognize an 18-month EBR exception for calls to customers of the caller's products or services. Past clients (buyers or sellers) with whom the agent completed a transaction within the last 18 months qualify. Beyond 18 months, DNC registration would need to be respected. Note: the EBR exception does not apply to calls made with an automatic telephone dialing system (ATDS) — past-client calls should be manually dialed.
Geographic farming / cold list calling	TCPA; National DNC Registry; Florida Mini-TCPA (§501.059); Texas DTPA; other state laws	Calling residential phone numbers from a purchased list or geographic farm without a prior relationship or DNC check is high-risk TCPA territory. Florida's Mini-TCPA (§501.059, effective 2021) creates a private right of action for calls to Florida consumers whose numbers are on Florida's state DNC list, with statutory damages. Agents who want to do geographic farm calling should: (1) check the National DNC Registry for every number; (2) obtain a real estate license exemption if one applies in their state; (3) do not use an ATDS. This is an area where agents should consult their broker's compliance policy and consider legal counsel.

Common Use Cases

FSBO Outreach — Value-First Opening

Scenario: Agent who wants to call 5 FSBO sellers who have advertised on Zillow and Facebook Marketplace with their personal phone numbers. Needs a script that opens with genuine value and respects the seller's choice to go FSBO.

Process: Select FSBO script → Enter target property addresses and market area → Generate personalized FSBO script with local comparable sales angle → Review TCPA/DNC guidance (check each number against National DNC Registry before calling) → Call with script in hand

Compliance:

Past-Client Annual Check-In — Relationship Maintenance

Scenario: Agent with 40 past clients they've represented over 5 years. Wants to make annual check-in calls to maintain relationships without it feeling awkward or transactional.

Process: Select past-client check-in script → Enter client details (what they bought/sold, when, what they said they loved about the home) → Generate personalized check-in script → No DNC check required for EBR within 18 months → Call with 2-minute script

Compliance:

Frequently Asked Questions

What is the TCPA and how does it apply to real estate prospecting calls?

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. §227, is a federal law that restricts telemarketing calls to residential consumers. For real estate agents, the key provisions are: (1) Calls to residential numbers on the National Do Not Call Registry require prior express written consent or an established business relationship exception — if you don't have one of these, calling a DNC-registered number for commercial purposes is a TCPA violation; (2) Use of automatic telephone dialing systems (ATDS) to call cell phones is restricted regardless of DNC status — manually dialed calls to cell phones are generally treated like calls to residential landlines; (3) TCPA violations carry statutory damages of $500 per violation ($1,500 if willful) — these are private rights of action meaning any called party can sue. The TCPA is the primary reason agents are advised to check the National DNC Registry before calling any number they don't have an established relationship with.

Can real estate agents call FSBO sellers even if they're on the Do Not Call list?

This is a nuanced area, and agents should not assume that a FSBO's public advertisement of their number is blanket consent to all commercial calls. The argument for calling a FSBO's publicly listed number is that by publishing the number in a FSBO ad, the seller has made a business invitation for calls about the property — which can be distinguished from unsolicited telemarketing. However, if the number is on the National DNC Registry, the safer practice is to limit the call to inquiry about the property itself (asking about showing it to a buyer client) rather than pitching listing services. The FTC has a real estate-specific exemption from the DNC rules for calls where the agent is contacting the seller as a potential buyer's representative — not as a listing solicitation. The clearest safe harbor: check the DNC Registry for every number before calling, and limit your initial contact to the transactional inquiry (asking about the property as a buyer's agent) before pivoting to a listing conversation.

What is Florida's Mini-TCPA and why does it matter for real estate agents?

Florida Statutes §501.059 (effective July 1, 2021) created a Florida-specific law that is stricter than the federal TCPA in several ways. The Florida Mini-TCPA: (1) prohibits commercial calls to Floridians whose numbers appear on Florida's state DNC list OR the national DNC list; (2) includes cell phones in the same prohibitions as landlines; (3) creates a private right of action for affected consumers with statutory damages; (4) prohibits using an automated system to make commercial calls even to numbers not on the DNC list unless the consumer has provided prior express written consent. Florida real estate agents calling in-state prospects face elevated TCPA risk under the state Mini-TCPA. Similar (though often less strict) state-level protections exist in Texas, Oklahoma, Indiana, and other states. Agents in these states should consult their broker's compliance guidance before running a phone prospecting campaign.

What is an 'established business relationship' exception under the DNC rules?

The FTC's Telemarketing Sales Rule (16 CFR Part 310) and the TCPA provide an established business relationship (EBR) exception to the DNC rules. A seller or buyer you previously represented in a real estate transaction qualifies as an established business relationship — the EBR exception applies for 18 months after the most recent transaction. This means: you can call a past client (within 18 months of closing) even if their number is on the National DNC Registry. Beyond 18 months, the EBR exception expires and the DNC registration must be respected. Note: the EBR exception does NOT apply to calls made using an automatic telephone dialing system (ATDS) — even past clients must be reached by manually dialed calls to preserve compliance. Always check: if the past transaction was more than 18 months ago, treat the number as DNC-registered.

Should real estate agents use an auto-dialer for prospecting?

No. The TCPA's restrictions on automatic telephone dialing systems (ATDS) create significant liability exposure for any commercial use case where you do not have prior express written consent from every called party. For real estate prospecting — whether FSBO, expired listings, or geographic farming — the population of numbers where you have documented prior express written consent is essentially zero unless you have run a specific consent collection campaign. The $500-$1,500 per call statutory damages under the TCPA, combined with the class action risk in auto-dialer cases, make ATDS use for real estate prospecting a high-risk activity. BuildMyListing's prospecting scripts are designed for manually dialed outreach only.

How should a FSBO script open without sounding like a pitch?

The most effective FSBO openings don't sound like a listing pitch because they start with the seller's situation, not the agent's value proposition. Effective opening: 'Hi, I'm [name] with [brokerage] — I noticed your home at [address] is listed for sale. I'm actually working with a couple of buyers looking in that area, and wanted to find out a bit more about the property — is this a good time for a few quick questions?' This is truthful (if you do have buyers in the area), non-threatening (you're asking questions, not pitching), and frames the call as a potential buyer introduction rather than a listing solicitation. BuildMyListing's FSBO script uses this value-first approach — the pitch for listing services comes only after establishing genuine rapport and demonstrating local market knowledge.

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Real Estate Prospecting Call Scripts — For the Calls You Can Make