Yes. Since the call is not a solicitation, you may contact a seller marketing a for sale by owner property about your client’s potential interest—even if the seller’s number is on the National Do-Not-Call Registry. As a buyer’s representative, you may only discuss your client’s interest in the property, and you cannot use a purported client’s interest as a way to solicit the listing.
A real estate professional is prohibited from initiating a telephone call to a FSBO whose number is listed in the National Do-Not-Call Registry in an attempt to obtain the listing or to solicit other business. The rules prohibit anyone from making telephone solicitations to numbers registered in the database, and a call initiated to obtain the listing constitutes an impermissible solicitation.