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I have received numerous calls and texts over the past month asking to buy my house, some clearly from automated systems. Some (not all) of the callers/texters claim to be real estate agents. I am trying to understand if I have a private right of action against them under the TCPA, or any other recourse related to the Do-Not-Call list?

My confusion lies in that they are not trying to sell me anything--they are offering to buy something (house) from me. So (a) are they considered telemarketers for Do-Not-Call purposes, and (b) if I were to identify them, is there any reason I would not be successful in a small claims court if I sued them as described, for example, here?

RussH
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The TCPA contains the following definition:

(5) The term “unsolicited advertisement” means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission, in writing or otherwise.

It doesn't specifically have to be trying to sell you something. Advertising any commercial service, which includes real estate services, should be covered.

It's probably also likely that these calls are scams. Real estate agents don't buy homes, they act as brokers between sellers and buyers.

And even if they're legit, they receive a percentage of the purchase price as their commission. So they are indeed "selling" you something: when the purchase goes through, you pay them.

Barmar
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