The short answer
This is the talk track for an agent calling an owner whose listing expired. It opens on the address and the fact that the home came off the market, asks what the owner thought went wrong, offers a buyer-activity comparison instead of a pitch, and closes on a specific appointment time with a named day and hour.
The script
Sample talk track. Fictional names. Adapt it to your offer and your rules.- Rep
Hi, this is Jordan with Bellcourt Realty. I am calling about 1420 Palm Drive. Your listing came off the market about three weeks ago, is that right?
- Prospect
Yes. Eighteen days ago.
- Rep
I saw that. I am not going to pitch you on signing anything today. When it was listed, were you getting showings, and did you get any offers?
- Prospect
We had maybe nine showings and one lowball offer. The agent said the market was slow.
- Rep
Nine showings is a real number, and it tells you something. Homes in your price range in that subdivision are still selling. Can I ask what the list price was?
- Prospect
Four fifteen.
- Rep
And the low offer, was it based on anything concrete or just a number? I ask because the difference between a slow market and a pricing or marketing problem shows up in exactly those two numbers.
- Prospect
They said it was based on a home down the street that sold for less. But that one had no pool.
- Rep
That is the kind of comparison that costs money. I would like to put together one page showing what actually closed in your subdivision in the last six months, including photos and condition notes, so you can see where yours sits. When can I bring it by, Wednesday evening or Saturday morning?
- Prospect
Saturday morning works. Ten o'clock.
What the expired call is for
An expired listing is a documented failure. The owner knows their home did not sell, and that is the most useful fact you have. The call is not a listing presentation. It is a short diagnostic that ends with permission to bring a comparison to the person.
That is why the first call asks about showings and offers rather than describing your marketing. An owner who had nine showings and no offer has a pricing or condition problem. An owner who had two showings in ninety days has a marketing or exposure problem. Those need different conversations, and you can only tell them apart by asking.
Before you dial: source and compliance
Pull the expired queue from the MLS with the off-market date, the list price and the days on market. Attach the source field on every row: prior client, prior inquiry, or a cold expired pulled from the MLS. If the owner is on your internal do-not-call list, the record never loads.
Real estate calls to residential numbers sit squarely inside the FTC Telemarketing Sales Rule. The calling window is set by 16 CFR 310.4(c), which prohibits outbound calls to a residence outside 8:00 a.m. to 9:00 p.m. local time at the called person’s location. The National Do Not Call Registry rules in 47 CFR 64.1200(c)(2) require registrations to be honored indefinitely, and an entity-specific request to stop is absolute. DialBreeze applies your internal lists, quiet hours and attempt caps. It does not decide whether a number may be called.
The opening that does not sound like a pitch
Open with the address and the fact. Own the reason for the call in the first sentence.
“Hi, this is Jordan with Bellcourt Realty. I am calling about 1420 Palm Drive. Your listing came off the market about three weeks ago, is that right?”
Naming the address proves you are not reading a random list, and the question at the end hands the owner the floor. Owners of expired listings want to talk about what happened. Let them, and take notes.
The talk track, in order
The script above runs diagnostic, then offer, then appointment. Two habits make it work.
First, ask for numbers rather than opinions. “How many showings did you have?” and “What was the list price?” produce facts. “What went wrong?” produces a story about the agent, which is not useful to you and is mildly dangerous if you agree with it out loud.
Second, make the first appointment about a one-page comparison, not a listing presentation. Owners are allergic to the second pitch. They are not allergic to seeing what actually sold near them, especially when the last comparison they saw was wrong.
Objections you will hear
“The market is slow.” Ask for the showing count. If nearby homes are closing, the market is not the problem, and a documented comparison shows that without you having to argue.
“We are going to try it ourselves.” Fine. Ask how they plan to handle showings and buyer-agent calls, and offer the comparison anyway. Many FSBO attempts return to the market within a month, and the agent who stayed useful gets the call.
“We already talked to three agents.” Ask what each one said about the price. Three agents with three different opinions is a pricing conversation waiting to happen.
“The last agent did nothing.” Agree that exposure matters and ask what they expected that did not happen. Then bring the comparison, which is evidence rather than a promise.
“I am not interested in selling anymore.” Record it, set a long callback, and stop dialing. Attempt caps exist for exactly this.
Dispositions
- Appointment set with day and time.
- Send market analysis first with a delivery date and a follow-up call.
- Callback requested with the window the owner named.
- Relisted with another broker with a callback two weeks after that term lapses.
- Owner will not sell with a long-dated check-in.
- Do not call again, remove permanently on any stop request.
What the AI summary captures
DialBreeze records the call, transcribes it, and writes structured fields: days off market, previous list price, the owner’s stated reason for the expiry, readiness signals, and the best time to reach them. For expired work the readiness field is the useful one. “Wants proof of buyer activity before signing” tells the next agent exactly what the comparison needs to show. Verify prices and dates against the recording before you quote them back.
Compliance lines that matter
The FTC Telemarketing Sales Rule governs residential calls, and the calling-hours provision in 16 CFR 310.4(c) is the one agents most often trip over because list dialing drifts into evening work. The National Do Not Call Registry rules sit in 47 CFR 64.1200, and entity-specific stop requests must be honored indefinitely. Fair housing rules also reach your language: 42 U.S.C. 3604 prohibits statements that indicate a preference based on race, color, religion, sex, handicap, familial status or national origin, and that applies to how you describe neighborhoods, schools and buyer pools. Use aggregate market data, not demographic characterizations. Recording rules vary by state and several require all parties to consent, so disclose when you record. This page is not legal advice.
Practice it before the real list
Run five sandbox calls where you never mention your marketing and never criticize the previous agent. Then run five where the owner insists the market is slow. The second set is where expired agents lose appointments, and the diagnostic question is the tool that wins them back.
FAQ
Should I mention the previous agent by name?
What if the owner says the market is slow?
How fast should I ask for the appointment?
What do I do if the owner has relisted with another broker?
Sources
- ftc.gov /business-guidance/resources/complying-telemarketing-sales-rule
- law.cornell.edu /cfr/text/47/64.1200
- ecfr.gov /current/title-16/chapter-I/subchapter-C/part-310/section-310.4
Operational guidance, not legal advice. Rules vary by state and by campaign.