Market Center >> Do Not Call - KW Legal Information  

**With regard to the Do Not Call Regulations, policies and procedures; please note that you must consult your local Real Estate Commission and Local Counsel in order to draft your own policy for your Market Center.

Per the KW Legal Department:

1) The broker of a MC may absolutely purchase the list for the agents and their office.  

a) However, it is important to make sure that your local counsel and ALC help you in setting a policy for your MC regarding the use of the list and procedures to avoid misuse.  

b) In the event of misuse, how will you handle the fines?

i) Example:  A fine is imposed because someone is cold calling and ignoring the list.  

1) The only number coming up on the complaining individual's caller ID is the MC's number.  

2) The MC gets one fine or multiple fines.  

3) How will you track the agent that is making those calls?  

4) How will you allocate the fine?   

5) Will the MC just pay those fines?  

2)  Since the broker is legally responsible for the agents' actions, it is imperative that the MC protect itself from misuse and/or multiple fines.  

3)  Also, and I am sure you know this, but just in case, there's nothing improper about a broker taking up a collection to pay the cost for accessing the list.   That is probably the fair way to go.