You see a homeowner’s number. You think, “I should call them.”

Five minutes later, you’re wondering why nobody answered.

Fast-forward a few months—and suddenly that unanswered call is attached to a lawsuit.

Welcome to the not-so-fun side of real estate marketing.

Cold calling and texting are still valuable tools in 2026. But the days of simply buying a list, dialing away, and hoping for a listing are long gone. Federal and state telemarketing laws can turn an innocent prospecting campaign into an expensive headache for both an agent and their brokerage.

The Telephone Consumer Protection Act (TCPA) and federal Do-Not-Call rules remain the big ones to watch. Consumers can sue over certain unwanted calls and texts, and the potential damages can add up quickly when multiple contacts are involved.

There is some good news. Remember that much-discussed FCC “one-to-one consent” rule? It would have required consumers to give consent specifically to an individual seller or service provider. That rule was challenged in court and ultimately vacated, so it is not currently a requirement for real estate professionals.

But don’t break out the champagne just yet.

You still need to respect Do-Not-Call requirements, document consent when applicable, honor opt-out requests, and understand exactly how your CRM, texting platform, dialer, or lead provider is contacting consumers.

And here’s where things get even trickier: state laws can add another layer of restrictions. Pennsylvania, for example, has its own telemarketing requirements. What works in one state may not work in another.

The 2026 takeaway?

Prospect—but prospect smart.

Before you hit “call,” make sure you know where the number came from, whether the consumer has opted out, what your technology is actually doing, and what rules apply where that consumer lives.

Because the best lead-generation strategy in real estate is one that generates listings—not lawsuits.

Source: REALTOR® Magazine
“More Telemarketing Lawsuits Ensnare Agents, Brokerages”
National Association of REALTORS®

The U.S. Supreme Court’s 2024 decision in DeVillier v. Texas remains an important ruling for private property rights and the constitutional protection against government takings.

The case involved Texas landowners whose property repeatedly flooded after the state modified a nearby highway. The landowners sought compensation under the Fifth Amendment’s Takings Clause, which provides that private property may not be taken for public use without just compensation.

The Supreme Court unanimously ruled that the landowners could pursue compensation under Texas law. While the decision focused largely on legal procedure rather than determining the amount of compensation owed, it removed a significant obstacle to the landowners’ ability to seek payment for the damage to their property.

The National Association of REALTORS® (NAR), along with the Texas REALTORS® and American Property Owners Alliance, had filed an amicus brief supporting the landowners. NAR argued that government actions affecting private property can have broader consequences for property values, development opportunities and the cost of real estate.

The decision remains relevant in 2026 as courts continue to address the constitutional limits of government actions affecting private property. NAR has continued its legal advocacy in support of property owners, including recent Supreme Court activity involving eminent domain, land-use restrictions and access to the courts.

In 2026, NAR joined an amicus brief in Hoffmann v. WBI Energy Transmission, urging protection of property owners facing federally authorized eminent-domain proceedings. NAR has also supported Supreme Court review of cases involving land-use restrictions and when property owners can bring constitutional takings claims.

Together, these developments underscore the continuing importance of the Fifth Amendment’s Takings Clause. For REALTORS®, property owners and developers, these cases can have significant implications for property rights, land use, development opportunities and real estate values.

Source: REALTOR® Magazine
“SCOTUS Sides With Landowners in Takings Clause Case”
National Association of REALTORS®

Remember when talking about real estate commissions was about as exciting as watching paint dry?

Yeah…those days are over.

The National Association of REALTORS® settlement has changed the way real estate professionals talk about compensation, work with buyers, and use the MLS. And in 2026, these changes aren’t exactly breaking news—they’re the new normal.

The biggest takeaway for buyers? The commission conversation happens earlier. A written buyer agreement generally needs to be in place before a REALTOR® begins touring homes with a buyer. That agreement explains the services being provided and how the REALTOR® will be compensated. Compensation is negotiable and should be clearly explained from the start.

Then there’s the MLS shake-up.

Offers of compensation to buyer brokers can no longer be communicated through REALTOR®-owned MLSs. But that doesn’t mean sellers and buyer brokers can’t negotiate compensation. They absolutely can—the conversation just happens outside the MLS.

In other words, the rules didn’t eliminate commissions. They changed the conversation.

For buyers, that means understanding what you’re getting and what you’ve agreed to pay. For sellers, it means having a clear strategy for attracting buyers and understanding the options available for handling compensation. And for agents, it means getting comfortable discussing money early—before the first showing, not after the paperwork is already on the table.

There’s also been plenty of legal drama along the way. In 2026, the settlement remains an important part of the industry’s landscape, and real estate professionals continue adapting to the changes.

So where does that leave everyone?

More transparency. More negotiation. More conversations.

And maybe, just maybe, a little less awkwardness when someone asks the question every real estate professional eventually hears:

“So…how exactly does this commission thing work?”

Source: REALTOR® Magazine
“Court Grants Preliminary Approval of NAR Settlement”
National Association of REALTORS®

Showing property can look easy from the outside: unlock the door, let the buyers wander around, answer questions, and hope someone falls in love with the kitchen.

But experienced REALTORS® know there’s more to a successful showing than finding the right key.

In 2026, professionalism means knowing the rules, respecting the seller’s instructions, and using a healthy dose of common sense.

Here are seven reminders worth keeping in your back pocket.

1. The Showing Instructions Are Not Suggestions

“Agent must accompany buyers” means exactly that.

Your clients may want five minutes alone to “talk it over.” That doesn’t mean you get five minutes to sit in your car scrolling through your phone.

Follow the seller’s instructions. Period.

2. You’re a Guest—Act Like One

It may be vacant, but it’s still someone’s property.

Don’t open cabinets, closets or refrigerators unless appropriate. Don’t test the shower. Don’t rearrange furniture. And please resist the urge to investigate that mysterious door in the basement.

If access isn’t authorized, don’t go there.

3. Keep the Property Secure

Open door? Close it.

Unlocked window? Secure it.

Light on? Turn it off if instructed.

The last thing anyone wants is a showing that ends with the seller calling because their house is now open to the neighborhood.

4. Protect Your Clients—and Yourself

Real estate can put you in unfamiliar properties with people you’ve never met.

Stay aware of your surroundings. Keep your phone accessible. Know your exit route. Let someone know where you are when appropriate.

And if your gut says, “Something isn’t right,” listen to it.

5. Don’t Confuse Privacy With Permission

Buyers deserve an opportunity to discuss the property privately—but that doesn’t override the seller’s showing requirements.

Find a professional way to give your clients space without violating the instructions attached to the listing.

6. When in Doubt, Ask

Not sure whether your buyers can bring the kids? Want to return for measurements? Need access to an area not mentioned in the instructions?

Ask the listing agent.

A 30-second phone call is considerably easier than explaining an ethics complaint later.

7. Remember What You’re Representing

Every showing is a reflection of you and your profession.

The goal isn’t simply to get buyers through the front door. It’s to demonstrate that you can be trusted with someone’s home, someone’s transaction, and someone’s biggest financial decision.

The bottom line?

Use common sense. Follow the showing instructions. Respect the property. Stay safe. Communicate.

And remember: The lockbox opens the door. Your professionalism keeps the door open.

Source: REALTOR® Magazine
“Show Common Sense When Showing Property”
National Association of REALTORS®

Real estate isn’t always about champagne, moving trucks, and handing over the keys.

Sometimes, an agent gets a call because a homeowner has passed away—and now the family has a house to deal with.

It’s not exactly the easiest real estate conversation. There may be grief, paperwork, family opinions, legal deadlines, and a property that needs attention all happening at once. Welcome to probate real estate.

So, What Exactly Is Probate?

Probate is the legal process of settling someone’s estate after their death. That can include paying debts, distributing assets, and determining what happens to property—including the family home.

And when that home needs to be sold, a real estate professional may become an important part of the team.

But there’s a catch: you need to know who actually has the authority to sell the property.

That person might be an executor, administrator, or another representative authorized under the applicable probate process. Before putting a sign in the yard or accepting an offer, agents should make sure the proper authority and documentation are in place.

Your Job Is Real Estate—Not the Law

This is where a little professional humility goes a long way.

Probate laws and procedures vary by state, and they can get complicated quickly. A real estate agent can help with pricing, marketing, showings, negotiations, and the transaction itself. But questions about wills, inheritance, court procedures, creditor claims, or legal rights belong with a qualified attorney.

In other words: know your lane, and build a great team for the lanes you don’t drive in.

The House May Need a Little TLC

Probate properties can arrive in all kinds of conditions. Some are move-in ready. Others may have been sitting vacant for months.

That’s where a well-connected agent can really shine.

The right network might include contractors, cleaners, landscapers, movers, estate-sale companies, inspectors, appraisers, and other professionals who can help transform “What are we supposed to do with this house?” into “Okay, we’ve got a plan.”

Lead With Organization—and Empathy

There’s one thing a probate transaction needs more than anything else: patience.

Families may be making major financial decisions while dealing with loss. Heirs may disagree. Decisions can take time. Emotions can run high.

The best probate agents don’t just know how to sell houses. They know how to communicate clearly, stay organized, remain neutral, and treat people with compassion.

In 2026, probate real estate remains a specialized corner of the industry—and for agents willing to learn the process and genuinely help families through it, it can be much more than another listing.

It can be an opportunity to make a complicated chapter just a little easier.

Source: REALTOR® Magazine
“Real Estate After Life”
National Association of REALTORS®

Florida’s restrictions on foreign property ownership are drawing continued attention from real estate professionals and fair housing advocates.

The state has rules that limit certain people and companies connected to specific foreign countries from purchasing property in Florida. The law focuses on countries the state considers a security concern, including China, Russia, Iran, North Korea, Cuba, Venezuela and Syria.

Supporters say the rules are about protecting national security. They are particularly concerned about foreign ownership of farmland and property near military bases, critical infrastructure and other sensitive locations.

Fair housing groups, however, argue that the restrictions can go too far.

They challenged Florida’s law in federal court, saying it can prevent people from buying property based largely on their national origin. They also argue that the restrictions may conflict with federal fair housing protections.

For homebuyers, the rules can be especially significant. Some restrictions apply to residential properties located within 10 miles of military installations and certain other important facilities. That means the law can affect ordinary home purchases—not just large investments or commercial real estate.

The debate is part of a much bigger issue happening across the country. Several states have considered restrictions on foreign ownership of land and real estate as concerns about national security and foreign investment have grown.

At the same time, fair housing advocates say lawmakers need to be careful. They argue that national security policies should not create unnecessary barriers for people who are legally living in the United States and simply want to buy a home.

For REALTORS®, understanding these rules is becoming increasingly important. Agents working with international buyers need to know what restrictions apply to a particular transaction and should avoid making assumptions about a client based on their nationality or background.

The outcome of Florida’s legal fight could also have implications beyond the state. If courts uphold the restrictions, other states may feel more comfortable adopting similar laws. If the rules are limited or struck down, lawmakers may need to rethink how they balance national security concerns with property rights and fair housing protections.

For buyers, sellers and real estate professionals, the message is simple: Florida’s rules are an evolving issue, and staying informed is essential.

Source: REALTOR® Magazine
“Fair Housing Groups Sue Florida Over Property Ownership Restrictions”
National Association of REALTORS®