How to Work Expired Listings in Texas After SB 140

On September 1, 2025, Texas SB 140 went into effect—and it changed the way Realtors can prospect. For years, expired and cancelled listings were easy targets for cold calls and texts. Not anymore.

SB 140 now treats marketing calls and texts like telemarketing. That means:

• You must register with the Texas Secretary of State, file Form 3401, post a bond, and pay fees.

• Every text or call needs prior written consent from the homeowner.

• Violations can lead to lawsuits under the Texas Deceptive Trade Practices Act.

So where does that leave agents who depend on expireds? Good news: it doesn’t kill the strategy—it just changes how you play the game.

Step 1: Start With MLS Data

Pull expired and cancelled listings every morning. Focus on your target neighborhoods and price ranges. Skip the phone numbers at this stage—you need a different way in.

Step 2: Mail First, Not Last

Direct mail is now your primary tool. Send a letter or postcard within 48 hours of a listing expiring.

• Highlight why homes don’t sell (price, photos, exposure).

• Offer a clear solution, like a free 24-hour value report.

• Add a QR code or URL leading to a landing page where homeowners can opt-in to receive your calls or texts.

Mail isn’t restricted by SB 140, and it builds trust when done consistently.

Step 3: Knock With Value

Face-to-face conversations aren’t covered by SB 140. Knock on doors with something useful in hand—a one-page CMA, a market update, or a “Why Homes Don’t Sell” guide.

Keep it simple:

“Hi, I’m with Cowtown Realty. I noticed your home came off the market. I put together a quick analysis—would you like me to leave it with you?”

This isn’t about hard selling. It’s about showing up with value.

Step 4: Go Digital With Retargeting

Once you have addresses, you can create custom audiences on Facebook or Instagram. Run ads offering free market updates or value reports.

These ads drive homeowners to your landing page, where they can opt-in for more communication. Once they’ve consented, you can legally call or text.

Step 5: Follow Up the Right Way

When a seller opts in, follow up fast. Call or text within 24 hours while the interest is fresh. Lead with empathy:

“I specialize in homes that didn’t sell the first time. I’d like to show you how we can reposition your home for a better outcome.”

Set the listing consult. Deliver on your promise.

Step 6: Build a Weekly Rhythm

• Monday: Pull and scrub expireds.

• Tuesday–Wednesday: Send mailers.

• Thursday–Friday: Knock on doors.

• Weekend: Launch ads.

• Ongoing: Follow up with your opt-ins.

Consistency wins here.

The Bottom Line

SB 140 may have closed the door on old-school cold calling, but it opened the door for smarter, more strategic prospecting. Mail, door knocking, and online funnels let you reach homeowners legally and effectively.

Expired listings are still one of the best sources of motivated sellers—you just need a compliant system to unlock them.

👉 Want to see a sample letter you can start mailing to expired listings right now? Drop me a note and I’ll send you one.