{"id":200962,"date":"2025-04-23T16:32:19","date_gmt":"2025-04-23T16:32:19","guid":{"rendered":"https:\/\/peraltafinancing.com\/business\/real-estate\/expired-listings-and-privacy-laws-a-warning-for-realtors\/"},"modified":"2025-04-23T16:32:19","modified_gmt":"2025-04-23T16:32:19","slug":"expired-listings-and-privacy-laws-a-warning-for-realtors","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=200962","title":{"rendered":"Expired listings and privacy laws: A warning for Realtors"},"content":{"rendered":"


\n<\/p>\n

\n

In today\u2019s uncertain real estate market, listings are expiring or being terminated more frequently than we\u2019ve seen in years. For example, freehold properties in Toronto have been terminated or expired approximately 39 per cent more than this time last year. Some agents see this as a window of opportunity\u2014a moment to swoop in and pitch their services to what they assume must be a motivated seller.<\/span><\/p>\n

But here\u2019s the truth: if a seller indicated \u201cno\u201d to post-expiry contact, which applies to expired, terminated or cancelled listings, reaching out isn\u2019t just pushy, it could be a serious breach of privacy. This instruction is also carried forward to the MLS listing itself, providing other agents with clear guidance on whether post-expiry contact is permitted or not.<\/span><\/p>\n

\u00a0<\/p>\n

When the line is crossed<\/b><\/h2>\n

\u00a0<\/p>\n

Recently, I encountered a disturbing series of events that perfectly illustrate the issue with one of our brokerage\u2019s listings. After the listing expired, several agents contacted the homeowner\u2014one by calling their personal cell phone (addressing them by name), and others by door-knocking the property. Footage from the seller\u2019s security cameras showed two agents approaching from a nearby park and visiting only that one house\u2014it was clear that no other doors on the street were knocked. This pair even asked to come inside the property. Another agent misleadingly told the seller that relisting the property two days after expiry wasn\u2019t allowed, casting doubt on the seller\u2019s confidence in their previous agent.<\/span><\/p>\n

Let\u2019s be clear: this is completely unacceptable.<\/span><\/p>\n

\u00a0<\/p>\n

Understanding the legal boundaries<\/b><\/h2>\n

\u00a0<\/p>\n

In Ontario, the Ontario Real Estate Association\u2019s (OREA) listing agreements include a specific clause asking sellers whether or not they wish to be contacted by other agents once their agreement ends. The majority of sellers, understandably, say no. When that answer is marked \u201cno,\u201d it\u2019s not a suggestion. It\u2019s a legally binding instruction tied to a contract.<\/span><\/p>\n

The Privacy Commissioner of Canada has consistently supported the view that contacting sellers after expiry, especially using private information obtained through MLS access, violates privacy rights. A 2006 bulletin from OREA highlights a case in which the Privacy Commissioner ruled that using expired listing data to solicit business without the homeowner\u2019s consent is not permitted. Once a listing has expired, the purpose for which the personal information was collected has ended, and using that information to solicit the individual breaches privacy legislation (you can read more about it in <\/span>OREA\u2019s bulletin<\/span><\/a>).<\/span><\/p>\n

Aside from the legalities, let\u2019s talk about reputation.\u00a0 What do you think a seller is going to do after being hounded by agents who shouldn\u2019t be contacting them? They\u2019ll post about it on social media. They\u2019ll tell their neighbours. They\u2019ll share their frustration at dinner parties. Worse, they\u2019ll lose trust, not just in you, but in our industry as a whole.<\/span><\/p>\n

When agents disregard privacy instructions, they reinforce every negative stereotype about real estate: that we\u2019re pushy, self-serving and opportunistic.<\/span><\/p>\n

\u00a0<\/p>\n

There\u2019s no excuse for ignorance<\/b><\/h2>\n

\u00a0<\/p>\n

Imagine being that seller. Your home has just come off the market. You\u2019re regrouping, processing next steps. Suddenly, your phone rings. Someone\u2019s at your door. They know your name. They know your home. It\u2019s not just annoying, it\u2019s incredibly invasive.<\/span><\/p>\n

And please don\u2019t use ignorance as a defence. \u201cI was just door-knocking the neighbourhood,\u201d some agents say. But when the doorbell camera shows you beelining to one specific house and walking back to your car, no one\u2019s buying it.\u00a0 If your intention is to exploit a recently expired listing, don\u2019t hide behind plausible deniability. Ring cameras. Security systems. Screenshots of text messages. Emails. Direct messages. Sellers are documenting everything.<\/span><\/p>\n

The idea that \u201cif I don\u2019t get caught, it\u2019s fine\u201d isn\u2019t a strategy; consider it a ticking time bomb. There\u2019s no grey area here. If a seller marks \u201cno\u201d to post-expiry contact, and you call, knock, or message them anyway, you\u2019re in breach. You\u2019re risking your reputation, you\u2019re breaking privacy laws, and you\u2019re harming the integrity of our profession.<\/span><\/p>\n

\u00a0<\/p>\n

What you should do if you witness misconduct<\/b><\/h2>\n

\u00a0<\/p>\n

What should you do if you encounter this kind of behaviour? If you are aware of agents in your community who are ignoring these rules, don\u2019t turn a blind eye. Speak to your broker of record, who has the ability and responsibility to connect directly with other brokers of record to address the conduct of their agents. Often, a conversation at the leadership level can correct inappropriate behaviour before it escalates into a formal complaint.<\/span><\/p>\n

If the situation is severe, especially if a seller\u2019s privacy has clearly been breached, a complaint can also be filed directly with the Office of the Privacy Commissioner of Canada. Complaints can be <\/span>submitted easily online<\/span><\/a>, and sellers (or their agents) have the right to pursue this path if needed.<\/span>\u00a0<\/span><\/a><\/p>\n

\u00a0<\/p>\n

Protecting privacy protects our profession<\/b><\/h2>\n

\u00a0<\/p>\n

We all have a part to play. Whether you are directly involved, witness poor conduct, or simply hear stories from clients, staying silent is not an option. Protecting client privacy is fundamental to maintaining public trust, and if we allow these standards to erode, everyone loses.<\/span><\/p>\n

At the end of the day, this isn\u2019t just about following the rules. It\u2019s about earning and maintaining public trust. It\u2019s about protecting the future of our profession.<\/span><\/p>\n

Let\u2019s stop chasing shortcuts.<\/span><\/p>\n

Let\u2019s start raising the bar.<\/span><\/p>\n

\u00a0<\/p>\n

\n
\n