An expired listing or FSBO email template is only half the answer, because in Canada you generally can’t email an owner you have no consent or relationship with. Start with a letter or a call that follows the telemarketing rules, and email once they’ve asked you to. In the US, CAN-SPAM allows a first email, with conditions.
Below: where the line is on each side of the border, a mailed letter and a phone script for first contact in Canada, emails for owners who asked to hear from you, and US versions that meet CAN-SPAM. Replace everything in [square brackets] with your own details.
This is general information, not legal advice. The rules below are summarised from our article on CASL and CAN-SPAM for realtors, which links to the official sources. Your regulator’s and board’s rules on contacting owners apply too.
Can you email expired and FSBO sellers?
It depends on where the owner reads the email, and whether you already have consent or a relationship with them.
- In Canada: generally not, without consent. Under CASL, an owner whose listing expired with another brokerage, or who is selling on their own, hasn’t bought from you, signed with you or asked you anything, so you have no business relationship. Finding their address online doesn’t change that: implied consent from a published address only covers messages relevant to someone’s business role, and a homeowner selling their own home isn’t usually acting in a business capacity.
- You can’t ask by email either. An email asking “may I send you some information?” is itself a commercial electronic message, so it can’t be your first contact with an owner you don’t know.
- The stakes are high. Each email sent without consent can be a separate violation, with administrative penalties of up to $1 million per violation for an individual.
- In the US: allowed, with conditions. CAN-SPAM doesn’t require consent, so a compliant email to an expired-listing or FSBO owner is allowed. Every message must meet its requirements, and harvesting addresses from websites makes a violation more serious.
The worked example on expired listings and FSBOs, part of the article’s worked examples for agents, sets out the reasoning in more detail.
In Canada: start with a letter, a call or a knock
CASL covers electronic messages. Other channels have their own rules, but they give you a way to make the first contact:
- A letter in the mail. A letter isn’t an electronic message, so CASL doesn’t cover it. It’s also the easiest channel to get the tone right.
- A phone call. Calls are covered by the CRTC’s telemarketing rules and the National Do Not Call List, so check both before you pick up the phone.
- At the door. A short, polite visit with your letter in hand works well for owners in your own farm area. Respect “no soliciting” signs.
- Not by text. Texts are electronic messages under CASL, so they need consent just like email.
Whichever you choose, give the owner an easy way to ask for more by email, such as a link to a short sign-up form or your phone number. If the owner replies and asks you a question, that’s an inquiry: your answer is a reply to their request, and the inquiry gives you implied consent to email them for six months. Before you reach out at all, check that the listing has truly expired and hasn’t been relisted; your regulator or board may have rules about contacting a seller who is still under an agreement with another brokerage.
An expired listing letter you can mail
Keep it to one page, signed by hand. The same wording works for a FSBO owner with the first paragraph changed.
Dear [Owner’s name],
I noticed that [Address] is no longer listed for sale. I know how disappointing that can be after weeks of showings and keeping the house ready, and I’m sorry it didn’t sell.
I’ve sold [property type] homes in [Neighbourhood] for [number] years. When a home doesn’t sell, it usually comes down to one of three things: price, presentation or who saw it. I’d be glad to share my honest view of which applies to yours, with no obligation.
If you’d like my plan for [Address], you can request it at [short web address for your sign-up form] and I’ll email it to you, or call me at [Phone].
Either way, I wish you the best with your next step.
[Your name]
[Brokerage] · [Brokerage address] · [Phone]
The sign-up form turns a letter into email you’re allowed to send. In OneHive Mail, a sign-up form has its own web address, shows an unticked consent box with your wording, and stores that wording with each sign-up as express consent. The form can also tag the owner, for example “Expired: requested plan”, which can start an email sequence automatically.
For a FSBO owner, open with: “I saw that you’re selling [Address] yourself, and I respect that. Many owners do it well.” Then offer something genuinely useful, such as recent sales nearby or a checklist of the paperwork buyers will ask for, rather than a pitch to list.
A short phone script
Check the CRTC’s telemarketing rules and the National Do Not Call List before you call, and keep a note of each call.
“Hi, is this [Owner’s name]? My name is [Your name], I’m a realtor with [Brokerage]. I’m calling because I saw [Address] came off the market. I’m not calling to push you into anything; I’ve sold a few homes nearby and wondered whether you’d like a second opinion on what happened.
[If yes:] Would it help if I emailed you a short plan, with recent sales nearby? What’s the best address for that?
[If no:] No problem at all. Thanks for your time, and good luck with whatever you decide.”
If the owner asks you to email them the plan, sending it is a reply to their request. Record what they asked for and when, so you know how long you can keep in touch and when to ask whether they’d like to stay on your list.
When you can email them
Email becomes an option when one of these is true:
- They asked. The owner requested your plan on the phone, at the door, through your form or by replying to your letter. Answering is fine, and the inquiry gives you six months of implied consent.
- They gave express consent. They ticked an unticked box on your form or said yes when you asked. Express consent lasts until they unsubscribe.
- They’re a recent client. If they bought your services, or a written contract with you ended, in the last two years, you have an existing business relationship.
Be careful with past clients whose listing expired with another agent. If they bought their home with you years ago and you haven’t had a transaction or inquiry since, that relationship has usually lapsed. If they’re on your newsletter because they gave express consent, you may email them, but acknowledge gracefully that they chose someone else last time.
Expired listing email templates
Send these only to owners who asked to hear from you or are covered by one of the situations above.
1. The plan they asked for
Hi [First name],
Thanks for taking my call. As promised, here’s how I’d approach selling [Address]:
1. Price: [one sentence, based on recent sales nearby, with your source]
2. Presentation: [one sentence on photos, staging or repairs]
3. Exposure: [one sentence on who you’d reach and how]
I know it’s frustrating when a home doesn’t sell. If you’d like to talk it through, pick a time that suits you: [Booking link]
[Your name], [Brokerage] · [Phone]
2. One week later: what you’d change
Hi [First name],
I’ve been thinking about [Address]. On a relaunch, I’d [change 1], [change 2] and [change 3]. And one thing I’d keep exactly as it is: [a genuine strength of the home].
No obligation, just my honest view. If it’s useful, let’s talk: [Booking link]
[Your name]
3. A past client who listed with someone else
Hi [First name],
I saw that [Address] is no longer on the market, and I wanted to say I’m sorry it didn’t work out this time. Selling is stressful, even when it goes well.
If a second opinion would ever help, on price, timing or anything else, I’m always happy to have a no-pressure conversation. Just reply to this email.
[Your name]
FSBO email templates
Lead with help rather than a pitch. These assume the owner contacted you, for example by replying to your letter.
1. Reply to a FSBO owner who got in touch
Hi [First name],
Thanks for getting in touch about [Address]. To answer your question: [answer, such as recent sales nearby or what buyers in the area are asking about].
I’m happy to help where it’s useful, whether that’s a quick read on price or a list of the documents buyers usually ask for. If you’d like to keep hearing from me while you sell, here’s where to sign up: [Sign-up link]
[Your name], [Brokerage]
2. A useful follow-up
Hi [First name],
As promised, here’s what sold near you over the last [period], from [source]:
[Address or block, sale price, days on market]
[Address or block, sale price, days on market]
Good luck with the sale. If you ever want a second pair of eyes on an offer or the paperwork, I’m a phone call away: [Phone]
[Your name]
US versions under CAN-SPAM
In the US you may email an owner without asking first, as long as every message meets CAN-SPAM: accurate From, To and Reply-To details, an honest subject line, a clear statement that the email is an advertisement (unless the person gave you their prior consent), a valid postal address, and an opt-out that you honour within 10 business days. Don’t harvest addresses from websites, and remember that calls and texts fall under the Telephone Consumer Protection Act and the National Do Not Call Registry.
OneHive Mail’s anti-spam policy only allows marketing email to people who have given you permission, so write cold US emails one at a time from your own mailbox, and add an owner to OneHive Mail once they ask to hear from you.
Hi [Owner’s name],
This is a promotional email from [Your name], a real estate agent with [Brokerage].
I saw that [Address] came off the market, and I’m sorry it didn’t sell. I’ve helped sellers in [Neighbourhood] relaunch homes that didn’t sell the first time, and I’d be glad to share my honest view of yours, at no cost.
If you’d like that, just reply. If you’d rather not hear from me, reply “no thanks” and I won’t contact you again.
[Your name], [Brokerage]
[Postal address] · [Phone]
Hi [Owner’s name],
This is a promotional email from [Your name], a real estate agent with [Brokerage].
I saw that you’re selling [Address] on your own. If it helps, I can send you a free list of recent sales nearby, with no strings attached. Just reply “yes”.
To stop hearing from me, reply “unsubscribe” and I’ll take you off my list.
[Your name], [Brokerage]
[Postal address] · [Phone]
What to say, and what to leave out
- Don’t criticise the previous agent. The owner chose them. Talk about price, presentation and exposure instead.
- Be specific. “Three homes on [Street] sold in under a month at [price range]” is more convincing than “I sell homes fast”. Use figures from a source you can name, such as your board’s statistics.
- Make one easy next step. A reply, a call or a time to talk, not all three.
- Stop when asked. One “no thanks” ends it, on every channel.
Our list of real estate email subject lines has more for seller follow-ups.
Track it in OneHive Mail
- Keep owners in the CRM before you email them. Add the owner with the Seller contact type and the phone number and address you mail to, and log each letter, call or visit as an activity. Contacts kept only in the CRM don’t count toward your plan.
- Record consent when they ask. When an owner requests your plan, record implied consent from an inquiry, with a note on how and when they asked; a sign-up form records express consent for you.
- Start a short sequence. Tag them “Expired: requested plan” and let a three-email automation send the plan, the follow-up and a final note, stopping when they click your booking link. The expired listings sequence in our real estate drip campaigns article is ready to copy.
- Watch the six-month clock. OneHive Mail records the consent type and date but doesn’t stop emailing when implied consent runs out, so use a segment on the date contacts were added to find owners whose six months are nearly up, and ask whether they’d like to stay in touch.
The seller follow-up templates include three plain expired listing letters, home valuation offers and seller prep guides, with your branding and compliance footer filled in. You can try them, and the CRM, with a free trial.
Frequently asked questions
Can I email an expired listing in Canada?
Generally not without consent. You have no business relationship with the owner, a homeowner’s published address rarely qualifies as implied consent, and an email asking for permission is itself a commercial message. Start with a letter or a call that follows the telemarketing rules, and email once they ask.
Can I email a FSBO seller?
In Canada, the same rules apply as for expired listings: not without consent, and an address in a FSBO ad isn’t consent. In the US, CAN-SPAM allows a first email if it meets the law’s requirements, including a postal address and a working opt-out.
Can I text expired listing owners instead?
In Canada, texts are electronic messages under CASL, so they need consent just like email. In the US, texts and calls fall under the Telephone Consumer Protection Act and the National Do Not Call Registry.
What should an expired listing letter say?
Acknowledge the disappointment, explain briefly why homes usually don’t sell (price, presentation or exposure), offer a no-obligation second opinion, and give one easy way to ask for it, such as a short sign-up form or your phone number.
If an expired owner calls me back, can I add them to my newsletter?
Their question is an inquiry, which gives you implied consent for six months in Canada. To keep them on your newsletter after that, ask for express consent, for example with a sign-up form, while the six months are still running.