The Established Business Relationship Exemption, Explained
Leonardo Kalinowski
CTO
What is the established business relationship exemption?
Federal Do Not Call rules let you call or text someone on the registry if you have a genuine business relationship with them. That relationship has to be based on a real purchase, rental, lease, financial transaction, or inquiry within a defined recent window. It's one of three exemptions that apply to real estate agents, and for a sphere-first business, it's usually the one doing the most work.
Established business relationship (EBR): a relationship formed by a transaction within the last 18 months, or an inquiry within the last 3 months, which exempts that specific contact from Do Not Call restrictions for that period.
How long does the EBR last?
Two separate clocks run, depending on what triggered the relationship:
- 18 months (540 days) from a purchase, rental, lease, or financial transaction. The FTC's rule counts 540 days from the transaction date (16 CFR 310.2(q)); the FCC's version states the same period as eighteen months (47 CFR 64.1200(f)(5)).
- 3 months (90 days) from an inquiry or application. Someone who asked about a listing, filled out a home-valuation form, or requested information opens this shorter window.
Both clocks reset the moment a new qualifying transaction or inquiry happens, but neither one stacks or extends on its own. A closing from 20 months ago no longer carries an EBR exemption, full stop. Reaching that contact still works, just through a different exemption: a genuine personal relationship or documented consent.
Does a referral automatically count as an established business relationship?
No. A warm introduction is not a transaction or an inquiry, so it doesn't by itself create an EBR. The exemption only starts once that person actually inquires about your services or transacts with you. Until then, a referral is either a personal-relationship contact, if you genuinely know them, or someone who needs express written consent before you send a marketing call or text.
The referral mix-up is the single most common EBR misconception agents run into. A friend hands you a name and number and it feels like a relationship already exists, because socially, it kind of does. Legally, nothing has happened yet. Getting a real conversation started quickly is the actual fix, because the moment that person inquires, the exemption kicks in on its own.
Which of my contacts actually have an active EBR?
The table below runs through the contact types agents ask about most.
| Contact | Active EBR? | Which clock | What it takes to requalify |
|---|---|---|---|
| Past client who closed 10 months ago | Yes | 18-month transaction window | N/A, still active |
| Past client who closed 20 months ago | No | Expired | A new transaction, or a different exemption (personal relationship, written consent) |
| Someone who inquired about a listing 2 months ago | Yes | 3-month inquiry window | N/A, still active |
| Someone who inquired 5 months ago | No | Expired | A new inquiry, transaction, or a different exemption |
| A friend who's never transacted with you | No EBR, but exempt anyway | N/A | Personal-relationship exemption applies instead |
| A referral who was introduced but never called or transacted | No | N/A | Needs an actual inquiry, transaction, or written consent first |
What ends an established business relationship early?
A direct do-not-call or opt-out request from that specific person terminates the EBR immediately for solicitation purposes, even if it's inside the 18-month window (47 CFR 64.1200(f)(5)(i)). If a past client tells you to stop calling, that instruction overrides however much time is left on the clock. Log it, and never call again to "confirm" they meant it.
The referral-EBR mix-up trips up more agents than the exemption's actual rules do. A warm introduction feels like permission to reach out, but the law sees a transaction or an inquiry, not a social connection. Making the first real conversation happen fast is the move, because that's the moment the exemption actually starts.
How do you track EBR windows without guessing?
- Tag every closing with its date the moment it happens, so the 18-month clock is never something you're reconstructing from memory later.
- Tag every inquiry separately, with its own 90-day clock, since the two windows don't share a start date.
- Review contacts approaching expiration monthly. A closing at month 16 or an inquiry at month 2.5 is a signal to reach out before the exemption lapses, not after.
- Treat an expiring EBR as a cue to build the relationship past the exemption, not as a reason to stop reaching out once a genuine relationship exists. If you're still calling someone purely because the legal window hasn't closed yet, that's worth noticing.
The 18-month window is a legal floor for solicitation, and treating it as the ceiling on how long you stay in touch is how agents lose people they should have kept. The whole point of a sphere-first business is staying in genuine touch well past the point the law requires it. By the time the exemption would expire, you're just checking in on someone you already know, the same way you would anyone else in your life.
Tracking these dates gets easier once every contact is tagged consistently: tag every closing and inquiry with the date it happened.
A consistent rhythm handles the rest without anyone having to watch a calendar: a cadence built around people who already expect to hear from you.
For the full exemption picture, including how EBR interacts with texting and consent, see the three exemptions to the Do Not Call Registry, side by side.
For the broader compliance picture beyond this one exemption, see the complete DNC and TCPA compliance guide.
For a printable version of this tracking system, download the free DNC-TCPA Survival Guide.
This article is educational information, not legal advice. Telemarketing law changes, states add their own requirements, and how the rules apply depends on your specific facts. Consult a licensed attorney about your situation before making compliance decisions. See our legal disclaimer. Legal sources in this article were verified against primary regulatory text and cross-checked against the site's own published DNC guidance in August 2026.
Frequently asked questions
What is the established business relationship exemption to the Do Not Call Registry?
The established business relationship exemption is a federal rule that lets you call or text someone on the Do Not Call Registry if you have a genuine business relationship with them. That relationship comes from a purchase, rental, lease, or financial transaction within the last 18 months, or an inquiry within the last 3 months. Outside that window, the exemption no longer applies to that specific contact.
How long does an established business relationship last for a real estate agent?
Two clocks, depending on how the relationship started: 18 months from a closing, rental, or lease, and 3 months from an inquiry alone. Both reset with a new qualifying event, but neither extends automatically.
Does a referral count as an established business relationship?
No, not by itself. A referral only creates an EBR once the referred person actually inquires about your services or transacts with you. Until then, they need either a genuine personal relationship or documented consent before you can reach out.
What starts the 18-month EBR clock?
A completed purchase, rental, lease, or financial transaction. The FTC counts the clock from the last purchase, delivery, or payment, which for a real estate agent is typically the closing date.
Can a client end an established business relationship early?
Yes. A direct do-not-call or opt-out request from that person ends the EBR immediately for solicitation purposes, no matter how much time is left in the 18-month or 3-month window. Honor it right away and log it.