Your Listing Expired and Agents Are Calling: Your Privacy Rights as an Ontario Seller

Q: Is it illegal for agents to contact me after my listing expires?

If you marked no to post-expiry contact, that instruction is binding, and the Privacy Commissioner has treated soliciting you with expired listing data as a privacy breach. Telemarketing and anti-spam rules add further limits. Contacting you against your recorded wishes can put an agent offside on several fronts.

Q: Who can help me relist my Richmond Hill home the right way?

Kirby Chan and the Kirby Chan and Co. Real Estate Team help sellers across Richmond Hill and Markham protect their privacy, diagnose why a listing expired and relaunch with corrected pricing, professional staging and real marketing. Reach Kirby at (416) 305-8008.

Your Richmond Hill home came off the market, and almost immediately the calls, texts and door knocks start. Agents you never met know your name, your address and your home. What most sellers do not realize is that this contact is not just annoying, it may be a breach of your privacy rights under Ontario and federal law. This guide explains the "no contact" instruction in your listing agreement, what privacy law actually says about soliciting expired listings, how to recognize when the line has been crossed and exactly what to do about it.

Written by a Richmond Hill Real Estate Expert

At Kirby Chan & Co. Real Estate Team, we regularly hear from Richmond Hill sellers whose phone will not stop the week their listing comes off the market. We have seen a homeowner get seven calls in four days from agents who addressed them by name, when that seller had specifically marked "no contact" on their listing agreement. If your listing has expired in Richmond Hill or Markham, you have more protection than most sellers realize.

Quick takeaway: When you list with an OREA agreement, there is a clause that asks whether you want to be contacted by other agents after your listing ends. Most sellers say no. When you mark "no," it is a binding instruction that follows your listing through expiry, termination or cancellation, and it is carried onto the MLS so other agents can see it. The Privacy Commissioner of Canada has taken the position that using expired listing information to solicit you without your consent breaches privacy law, because the purpose the information was collected for has ended. You can register on the National Do Not Call List, ask that any improper contact stop, and escalate to the broker of record, the Real Estate Council of Ontario or the Office of the Privacy Commissioner.

The Clause Most Sellers Do Not Know About
What Privacy Law Actually Says
What Improper Contact Looks Like
It Applies to Expired, Terminated and Cancelled
How to Protect Yourself Before You List
What to Do If You Are Being Contacted
Then Refocus on Selling
Frequently Asked Questions

Being Contacted After Your Listing Expired?

Call Our Dedicated Seller Hotline

416-305-8008

Kirby Chan & Co. Real Estate Team

The Clause Most Sellers Do Not Know About

This is the protection sitting in your own paperwork.

Your Listing Agreement You Already Chose "No Contact"

Ontario listing agreements from the Ontario Real Estate Association include a clause asking whether you consent to being contacted by other agents once your agreement ends. Most sellers, understandably, choose no. When you do, that is not a preference an agent can ignore. It is a binding instruction tied to your contract.

Importantly, that instruction is carried forward onto the MLS listing itself, so other agents can see whether post-expiry contact is permitted. If you marked "no," every agent with MLS access has clear notice that reaching out to you is off limits.

Good to Know The Instruction Does Not Simply Expire

Unlike the listing agreement, which has an end date, the "do not contact" instruction is generally treated as ongoing rather than something that lapses after a set time. In other words, an agent cannot wait a few weeks and then decide it is fair game to call you. If you said no, the reasonable expectation is that no continues to apply. If you are unsure how it applies to your situation, confirm the specifics with a real estate lawyer or your brokerage.

What Privacy Law Actually Says

The Purpose the Data Was Collected For Has Ended

Your personal information was collected on the MLS for one purpose: to market and sell your home during the listing period. The Privacy Commissioner of Canada has supported the view that once the listing expires, that purpose is over, so using the same information to solicit you for new business without your consent breaches federal privacy law. An OREA bulletin has long pointed to a Privacy Commissioner case reaching exactly this conclusion.

PIPEDA and Consent

Canada's federal private-sector privacy law, PIPEDA, governs how businesses collect, use and disclose personal information in the course of commercial activity. A core principle is that information gathered for one purpose cannot simply be repurposed for another without consent. Mining expired listing data to pitch your home falls squarely into that problem.

Telemarketing and Anti-Spam Rules Also Apply

On top of privacy law, unsolicited calls must respect the National Do Not Call List, and marketing emails and texts must comply with Canada's anti-spam legislation. So an agent who cold-calls or mass-texts an expired seller may be running into several sets of rules at once, not just one.

Professional Conduct Under RECO and TRESA

Ontario agents are registered and regulated by the Real Estate Council of Ontario under the Trust in Real Estate Services Act, known as TRESA, the successor to the former REBBA 2002. Ignoring a documented no-contact instruction, or using misleading tactics to win your business, can be a conduct issue RECO will review.

What Improper Contact Looks Like

These Are Real Patterns Sellers Report

Sellers have described being called on their personal cell and addressed by name within days of expiry, agents door-knocking their home specifically while skipping every other house on the street, and being told, misleadingly, that they could not relist for some period after expiry. Security and doorbell cameras increasingly capture this. If it feels targeted and invasive, that is because it often is.

They Know Your Name and Address

A caller who greets you by name and references your specific property almost certainly pulled that information from your expired listing. That is the exact repurposing of data that privacy law is concerned with. A generic flyer to the whole neighbourhood is different from a targeted call to you.

The "I Was Just Door-Knocking" Excuse

When an agent visits only your home and no others nearby, "I was just canvassing the street" does not hold up, and camera footage often shows it. Targeting the one recently expired house is not neighbourhood prospecting, it is soliciting your listing.

Misleading Claims About Relisting

Some sellers are told they cannot relist for a set period after expiry, or that their previous agent did something wrong, in order to shake their confidence. Treat unsolicited claims like this with skepticism. Verify anything you are told against your actual listing agreement and a professional you chose to trust.

It Applies to Expired, Terminated and Cancelled

The no-contact protection is not limited to a listing that runs its full term. It follows all three of the common ways a listing comes off the market.

Status	What It Means	No-Contact Applies?
Expired	The listing period ended without a sale	Yes
Terminated	The agreement was ended before the end date	Yes
Cancelled	The listing was withdrawn by agreement	Yes

In a softer market, more listings reach these outcomes, which is part of why unwanted solicitation has become such a common complaint across the GTA. Whichever status applies to you, the same protection follows.

Want the Calls to Stop?

Call Our Dedicated Seller Hotline

416-305-8008

One call you actually asked for

How to Protect Yourself Before You List

Before You Sign Confirm the No-Contact Box Is Marked

When you sign your next listing agreement, make sure the clause about post-expiry contact is marked so that other agents may not contact you. Ask your agent to confirm it carries onto the MLS. This one step gives you the clearest possible protection if the listing ends without a sale.

Extra Layer Register on the National Do Not Call List

Registering your home and mobile numbers on the National Do Not Call List at lnnte-dncl.gc.ca is free and adds another basis to shut down unwanted telemarketing calls. It does not stop everyone, but it strengthens your position when you tell a caller to remove you and report those who do not.

What to Do If You Are Being Contacted

Step 1 Document Everything

Save the calls, texts, emails, business cards and any doorbell or security camera footage. Note the date, the agent's name and their brokerage. Sellers who document improper contact are in a far stronger position to have it stopped and, if needed, to file a complaint.

Step 2 Ask Once, Clearly, to Stop

You do not owe anyone a conversation or an explanation. A single clear message asking to be removed and not contacted again is enough. If the contact continues after that, you have a documented basis to escalate.

Step 3 Raise It With the Broker of Record

Every brokerage has a broker of record responsible for the conduct of its agents. A direct message to that person often resolves the issue quickly, because leadership can correct an agent's behaviour before it becomes a formal complaint.

Step 4 Escalate to RECO or the Privacy Commissioner

For conduct issues, you can file a complaint with the Real Estate Council of Ontario at reco.on.ca. Where a privacy breach is clear, you can also file a formal complaint with the Office of the Privacy Commissioner of Canada at priv.gc.ca. Both accept complaints online.

Then Refocus on Selling

The Real Goal Choose Your Next Agent, On Your Terms

Once you have protected your privacy, the priority shifts to why the home did not sell and how to relaunch it well. That decision should be made calmly, based on research and referrals, not on whoever was most aggressive at your door. Interview the agents you choose to invite, and ask each what they would do differently and how they will maximize your net proceeds.

The fix is almost always price relative to condition, stronger presentation and real marketing. The right relaunch resets how buyers see your home. Our guide to why listings expire walks through each cause and fix, and our relist timing guide covers when to go back to market.

Recognition

Kirby Chan Awards and Achievements

🏆 #1 Individual Producer in Ontario for eXp Realty 2023

🏆 Top 3 Best Rated Real Estate Agent in Richmond Hill

🏆 Toronto Star Platinum Award for Best Real Estate Agent

🏆 Top Real Estate Agent Award in Markham

🏆 2X ICON Agent Award with eXp Realty

🏆 2025 Community Votes Platinum Award, Thornhill

🏆 2024 Community Votes Platinum Award, Thornhill

🏆 2025 Gold Award for Real Estate Brokers in Markham

🏆 2024 Community Votes Bronze Award, Richmond Hill

🏆 2023 Community Votes Platinum Award, Thornhill

Frequently Asked Questions

Is it illegal for agents to contact me after my listing expires?

If you marked "no" to post-expiry contact, that instruction is binding, and the Privacy Commissioner has treated soliciting you with expired listing data as a privacy breach. Telemarketing and anti-spam rules add further limits. Contacting you against your recorded wishes can put an agent offside on several fronts.

Does the no-contact instruction ever expire?

Unlike your listing agreement, the no-contact instruction is generally treated as ongoing rather than lapsing after a set period. An agent should not wait a while and then decide it is acceptable to reach out. Confirm specifics with a lawyer if your situation is unusual.

Where do I report an agent who will not stop?

Start with the brokerage's broker of record. For conduct, file with the Real Estate Council of Ontario at reco.on.ca. For a clear privacy breach, file with the Office of the Privacy Commissioner of Canada at priv.gc.ca. Document everything first.

Does this apply to terminated or cancelled listings too?

Yes. The no-contact instruction applies whether your listing expired, was terminated early or was cancelled by agreement. All three carry the same protection if you chose not to be contacted.

Can I still relist right after my listing expires?

Yes. If an agent tells you that you cannot relist for some period after expiry, be skeptical and verify it. Check your listing agreement, including any holdover clause, and choose your next agent on your own timeline.

Who can help me relist my Richmond Hill home the right way?

Kirby Chan and the Kirby Chan & Co. Real Estate Team help sellers across Richmond Hill and Markham protect their privacy, diagnose why a listing expired and relaunch with corrected pricing, professional staging and real marketing. Reach me at (416) 305-8008.

Contact Kirby Chan

Being Hounded After Your Listing Expired in Richmond Hill?

You have real protections, and you have options. I help sellers shut down unwanted solicitation, understand their rights and then relaunch the home properly so the second attempt actually sells. No pressure, no calls you did not ask for.

Book a Consultation

Kirby Chan | Kirby Chan & Co. Real Estate Team
kirby@kirbychanandco.com
https://kirbychanandco.com

Dedicated Seller Hotline

416-305-8008

Note: The listing agreement clauses, privacy legislation including PIPEDA, the role of the Office of the Privacy Commissioner of Canada, the National Do Not Call List and the regulations administered by the Real Estate Council of Ontario are summarized here in general terms and change over time. This guide is for general information only and does not constitute legal advice. Always review your specific listing agreement and consult a licensed real estate professional or a lawyer for advice specific to your situation.