In today’s uncertain real estate market, listings are expiring or being terminated more frequently than we’ve 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—a moment to swoop in and pitch their services to what they assume must be a motivated seller.
But here’s the truth: if a seller indicated “no” to post-expiry contact, which applies to expired, terminated or cancelled listings, reaching out isn’t 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.
When the line is crossed
Recently, I encountered a disturbing series of events that perfectly illustrate the issue with one of our brokerage’s listings. After the listing expired, several agents contacted the homeowner—one by calling their personal cell phone (addressing them by name), and others by door-knocking the property. Footage from the seller’s security cameras showed two agents approaching from a nearby park and visiting only that one house—it 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’t allowed, casting doubt on the seller’s confidence in their previous agent.
Let’s be clear: this is completely unacceptable.
Understanding the legal boundaries
In Ontario, the Ontario Real Estate Association’s (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 “no,” it’s not a suggestion. It’s a legally binding instruction tied to a contract.
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’s 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 OREA’s bulletin).
Aside from the legalities, let’s talk about reputation. What do you think a seller is going to do after being hounded by agents who shouldn’t be contacting them? They’ll post about it on social media. They’ll tell their neighbours. They’ll share their frustration at dinner parties. Worse, they’ll lose trust, not just in you, but in our industry as a whole.
When agents disregard privacy instructions, they reinforce every negative stereotype about real estate: that we’re pushy, self-serving and opportunistic.
There’s no excuse for ignorance
Imagine being that seller. Your home has just come off the market. You’re regrouping, processing next steps. Suddenly, your phone rings. Someone’s at your door. They know your name. They know your home. It’s not just annoying, it’s incredibly invasive.
And please don’t use ignorance as a defence. “I was just door-knocking the neighbourhood,” some agents say. But when the doorbell camera shows you beelining to one specific house and walking back to your car, no one’s buying it. If your intention is to exploit a recently expired listing, don’t hide behind plausible deniability. Ring cameras. Security systems. Screenshots of text messages. Emails. Direct messages. Sellers are documenting everything.
The idea that “if I don’t get caught, it’s fine” isn’t a strategy; consider it a ticking time bomb. There’s no grey area here. If a seller marks “no” to post-expiry contact, and you call, knock, or message them anyway, you’re in breach. You’re risking your reputation, you’re breaking privacy laws, and you’re harming the integrity of our profession.
What you should do if you witness misconduct
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’t 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.
If the situation is severe, especially if a seller’s privacy has clearly been breached, a complaint can also be filed directly with the Office of the Privacy Commissioner of Canada. Complaints can be submitted easily online, and sellers (or their agents) have the right to pursue this path if needed.
Protecting privacy protects our profession
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.
At the end of the day, this isn’t just about following the rules. It’s about earning and maintaining public trust. It’s about protecting the future of our profession.
Let’s stop chasing shortcuts.
Let’s start raising the bar.
Katie Steinfeld is the Broker of Record and co-owner of On The Block Realty, dedicated to providing real estate agents with the support, training, and accountability they need to grow their business. With 15 years of experience in the real estate industry, she has helped agents achieve sustainable success through education and innovation. Passionate about elevating industry standards, Katie continues to empower professionals with the tools and strategies needed to thrive in an ever-evolving market.
