Do not call??

Question

I recently read "Buying Real Estate without Cash or Credit" by Peter Conti.  In it,  it says to try calling FSBO to find motivated sellers.  Here is my question.  While searching forsalebyowner.com all the listings say "Attention real estate agents and other third parties. This owner is a member of the National Do Not Call Registry. Solicitation calls could face a $1,000 fee."  If I'm not actually buying the property for myself to live in but looking at it as an investment would I still be considered a third party?  Thanks

Justin Gross · Answer

Thanks guys.  I feel better now about it now. :)

James Hiddle · Answer

Unless your calling to sell tupperware you're fine.

Matthew Mucker · Answer

Because you're calling as a principal in the transaction, my interpretation (and others in REI that I've discussed this with) is that you're not 'soliciting' anything. You're calling to complete a transaction that they want.

If you were an agent calling to try to get a listing, or a third party to a transaction, that'd be different.

Standard IANAL disclaimer here.

Scott M. · Answer

Also - the you are not in trouble with the law if you call the first time - they can inform you that they are on the do not call list and asked to be removed - if that happens - don't call back.

Justin Gross · Answer

Ok now I understand.  Thanks

Eddie Ziv · Answer

The "Do not call" list was designed for solicitors who try to sell their product or services. You are responding to an ad by the seller and your respond is directly connected to what the seller is trying to sell. You do not fall into the solicitation category whether or not you end up buying the house.

The law, if I'm not mistaken also have an "Established business relations" clause that said that if you buy a product from a person or an entity, that person or entity have  "Established business relations" with you and therefor they can call you to solicit another product and would not be fined.

Justin Gross · Answer

Haha....well I wasn't sure if I would be categorized as a third party.

Jon Klaus · Answer

So FSBO sellers don't want calls from people interested in BUYING their properties?

I think it's OK to call--they are advertising their homes for sale.