Whenever the Federal or Provincial government come up with a new plan to alleviate the frustrations of consumers, those of us in the service industry anxiously await the onslaught of additional restrictions. With FINTRAC taking effect on June 23/08, and the new National Do Not Call List due to take effect Sept 30/08, those of us in organized real estate begin to wonder if maybe selling used cars wouldn't be an easier career.

I read the recent article concerning the National Do Not Call List published in a recent "Realtor Edge" newsletter (official publication of the Ontario Real Estate Association-OREA) and came to this simple conclusion: Despite there being the usual paragraphs of do's and don'ts, there really is only one clause that should eliminate the majority of concerns most of us in the industry have.

And that is the exemption currently entitled "existing business relationship". Though currently still vague, the initial draft of this portion of the Unsolicited Telecommunications Rules reads... and I quote:

"(b) an inquiry or application, within the six-month period immediately preceding the date of the telecommunications, by the person to whom the telecommunication is made in respect of a product or service offered by the person or organization on whose behalf the telecommunication is made..."

A little background:

In years gone by, unsolicited "cold calls" were integral to the business. Supposedly one step up the sophisticated salesperson ladder from "door to door soliciting", cold calls were reasonably successful and, therefore, lauded as necessary by all brokerages, especially the leading franchises.

That was the seventies and eighties. Unfortunately, some old school technicians still feel that cold calls are a vital part of the successful salesperson's repetoire for obtaining new business, and and that's why--after considerable consumer complaint--we are about to have rules in place that essentially eliminate cold calls.

Those of us in the industry with even the remotest of skills in modern technology (in other words, we know how to use email, facebook, and msn/live), know that once that initial contact is made and a response is shared (ie: emails returned), that exemption has been satisfied. Your contact with a "potential" client is no longer unsolicited. Obtaining a response via email from a prospective Buyer or Seller counts as an inquiry; they are asking for us to provide some kind of service regardless of how miniscule. If we can later capture their phone number via email and call them, it is not unsolicited. A relationship has been established and our call is exempt from the Rules. Even the six month caveat works in our favour as it can sometimes take that long to establish a relationship strong enough for an email client to finally remit their phone number.

This is not rocket science for those of us who rely on email for the majority of our solicitation. Successful Realtor websites solicit inquiries 24/7. When those inquiries arrive (in the form of a prospective client filling out a criteria form, for example), we have just been given permission to contact them in any way we feel appropriate. Those who are truly technology savvy can obtain commitments to view homes and even make offers from clients via email and never pick up a phone or actually meet in person. Two of my recent deals were done via email/fax with clients living over 60 miles away. We only met once for a showing of the final three homes on the short list when they came up for a weekend.

The fact that the rules are going to become law should convince everyone that unsolicited calls as a sales technique is seriously outdated. Finding ways to communicate with potential clients shouldn't be a process of "finding loopholes" in the legislation. Rather, it should be a motivation to embrace existing and emerging technologies and allow your potential clients to contact you and give you permission to call them...early in the relationship; in fact, in their first email response.

I, for one, welcome the new rules. It will eliminate those who refuse to embrace the new age and who continue to give this industry a bad name by calling consumers during supper, or the hockey game, or "Sex and the City" reruns...whatever. Email is a 24 hour communicator. Consumers respond when they feel like it. And they do respond because it's inobtrusive; it's on their terms.

And when you receive that response...even if it's 2am in the morning...you've just been given permission to continue the relationship, with no fear of breaking any new and exhaustingly complicated unsolicited telecommunication rules!

Bring it on, I say!

Robert J. Morrow, editor: www.HamiltonHomeReview.com, and www.NewNesters.ca, websites for the techo-savvy consumer.