Frequently Asked Questions – State of Emergency & Cold Calling

The FAQs being provided by NYSAR are based upon what we believe to be true through ongoing communications with various state agencies for the current State of Emergency and cold calling. NYSAR’s role is to provide information in the best interest of all of our members in every part of New York, and where state guidance is unclear we offer the narrowest possible interpretation so as not to expose members to potential liability, as well as preventing the spread of COVID-19.

When does the current State of Emergency expire?

June 24, 2021

Governor Andrew Cuomo has extended the State of Emergency until June 24, 2021. As a result, licensees are still required to abide by all such guidance, directives and industry phased reopening that are currently in place.

Licensees are still prohibited from making any cold calls.  Real estate licensees may not make any unsolicited phone calls to a member of the public during a State of Emergency. General Business Law §399-z(5)(a) states “It shall be unlawful for any telemarketer doing business in this state to knowingly make an unsolicited telemarketing sales call to any person in a county, city, town or village under a declared state of emergency or disaster emergency as described in sections twenty-four or twenty-eight of the executive law.” All other types of marketing such as mailers, billboards, social media, internet etc., are permitted. You may call a FSBO if you have an identifiable purchaser interested in the property.  You are prohibited from calling the FSBO to solicit the listing.  You may still perform business to business calls so long as you are calling the number provided as the business number.

When can I begin cold calling again?

Not until the State of Emergency has expired. It has been extended until June 24, 2021 and will most likely be extended again.

Is texting ok as I am not cold calling?

No, texting in order to solicit business should not be conducted either.

Can I call expired listings/FSBOs?

You may call a currently advertised FSBO, but only if you have an interested buyer who would like to see the property/make an offer.  Licensees may not contact a currently advertised FSBO for the purpose of soliciting the listing.  Licensees are prohibited from calling an expired listing or FSBO that is no longer being advertised.