Florida Broker Practice Exam

Which of these is an exception to the federal telemarketing law?

1. Calling any person who has shown interest in real estate

2. Calling FSBO if the associate has an actual buyer

3. Contacting individuals without prior relationships

4. Making cold calls to any listed phone number

The correct answer is: Calling FSBO if the associate has an actual buyer

Calling for Sale By Owner (FSBO) properties when the associate has an actual buyer is an exception to the federal telemarketing law because it falls under the category of having an established business relationship. This relationship is considered valid since the associate is reaching out with a specific interest in a property that could benefit both the owner and the prospective buyer. This exception allows real estate professionals to engage potential clients without violating the regulations that generally protect consumers from unsolicited telemarketing calls. The federal telemarketing law aims to prevent unwanted calls, particularly through the do-not-call registry, which prohibits cold calls to individuals who have opted out. In contrast, reaching out to a FSBO with a buyer conveys a direct business purpose tied to the property in question, making it permissible under the law. This principle is vital for real estate professionals who wish to market properties effectively while complying with regulations aimed at consumer protection.