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.
Is there a time limit as to how long the “no contact” lasts. My understanding is that it means you can NEVER contact that seller. I have had arguments with agents over this who feel as long as a period of time has passed you can contact them. What is the answer?
Unlike the listing contract, the no contact agreement on the listing does NOT expire. You are to never contact the seller knowing that they did not want to be contacted after the expiry of their listing. Jim McFadden, Broker, Royal LePage Triland R.E. Brokerage Inc.
What if a buyer approaches you and is interested in an expired listing?
You contact the listing agent and he does not respond or is unable to provide any information you may require? Are you than not allowed to let the seller know that you have a possible buyer for his property?
Thank you
Dear Independent Editor,
Is Ms Seinfeld still associated with elected office at RECO?
I think she was elected to a quite-important role at one time … has that ended?
Does she have any thoughts on that experience to share? Or did she always feel the need to share rules and express recommendations to Registrants?
Unfortunately until our governing body actually acts on the door knockers it will never stop..
What if you have your Buyer knock on the door indicating they have an agent. They can talk about who pays the agent fee later. I would say this would circumvent the contact problem. Where there’s a will there’s a way
In the 1970’s non members “pegged” MLS listings as early as the first day of a listing. MLS members were forbidden from “jumping “an mls listing. Savvy Sellers understood the “ buyer in the trunk” bs for what it was. We warned Sellers to be prepared. I don’t miss that part of the Wild, Wild West
Is this unauthorized use of personal MLS info a subject for law enforcement agencies? The sellers info is supposed to be cut and dried confidential. A breach is invasion of privacy – contract & legal implications and bad for the industry. Owners can worry – my privacy isn’t safe – info is being pirated. Perhaps be targeted for invasion or selling products, [in addition to realtor calls]. Sadly there are various tricks offered by advisors / sites to make it appear it was a natural just so happened uninformed contact. Many times listing agents / sellers are relisting – the agent can educate the seller if they get calls from other agent[s] during the rest period to ask the agent “how did you get my name and address- were you mining the database…….?” Further its an invasion of contract. Realtors need to do own marketing not invade others.
Thank you so much for explaining this to me better this article was amazing after the last few days were extremely hard when I found out when I looked on Google my house was advertised (not for sale ) through Remax with a new picture off of Google and all my updates over the last 10 years when I bought my House.
it was suddenly being advertised on Google without my permission or my consent my privacy my homeownership went out the window Suffering for a learning disability and being a homeowner with my house registered to my government license. I was shocked that this type of behaviour could happen.
I reached out to my real estate agent and she had no answers so I reached out to Remax broker of record and phone my house Friday, April 25 at 4:45 PM Samanda and she told me she would take care of it right away, but unfortunately, I had to sit there all weekend and wait for her. I reached out to her on Sunday night to only find out I was blocked.
I was shocked under the disability discrimination act I was asking for help and she was just ignoring me. I reached out to MLS and multiple other places, but still wasn’t getting an answer as this was also not just on Remax. They had the picture of my home the listing of my home, the address, the postal code the size of my home and then it had a link to another site called honest door had the value of my home the size of each room, and where my home was located. It was the longest process to go through with somebody like myself with a learning disabilities, especially with computers this article has made it 100% clear what they have done at Remax is illegal and beyond my privacy act I feel so violated ..
somewhat kind of a real estate fraud & false advertisement homes are being listed on Google in the Sault Ste. Marie in Northern Ontario with their pictures from Google and I’m (not for sale ) listed above it ..
this article has made it so clear to me on who I am supposed to report this crime to thank you so much for writing it .. I even reached out to the fraud department in Sault Ste. Marie and let them know what was going on. One of the officers even asked maybe I should look up my address.
So in my experience, only the seller can complain if they are contacted. Most sellers when approached with a buyer are interested. I’ve had my expireds solicited, talked to RECO. and that was the answer.
Thank you so much for the article was such a great read considering I was a victim of real estate fraud when Remax was advertising my home on Google without my permission or consent I’ve reached out to my real estate agent and nothing was done. I then began to reach out to my record of broker for Remax, which Samanda although she didn’t follow through what she said when she phoned my house at Friday, April 25 at 4:45 PM. I reached out to her for the immediate removal, but unfortunately she blocked me and ignored my request. It wasn’t until this article was released on Google and I sent it to Remax and all of a sudden they granted me and removal of my home and my parents home when they posted it and( not for sale )on Google with the address the postal code and a picture of my home. Also, the value and the size I was shocked. This type of behaviour was allowed and felt a victim of my own disability discrimination. And violated my privacy and homeownership this article made it clear for me to understand even with the learning disability thank you so much for helping me.