Real Estate Prospecting: What the June 30, 2025 Law Will Actually Change Starting August 11, 2026
The landscape of telephone marketing is about to undergo a major shift in France. Law No. 2025-594 of June 30, 2025, published in the Official Journal on July 1, 2025, puts an end to the opt-out system—under which businesses could call consumers unless they had explicitly objected through Bloctel and introduces a general opt-in requirement: no commercial calls without the consumer’s prior, freely given, and documented consent.
As of August 11, 2026, the impact will therefore be direct and immediate for real estate professionals who engage in cold prospecting through online listing platforms.
Official sources:
- Full text of the law: legifrance.gouv.fr/jorf/id/JORFTEXT000051824277
- Detailed analysis by CMS Francis Lefebvre
- Service-Public.fr: service-public.gouv.fr/particuliers/actualites/A18384
What Will Be Strictly Prohibited Starting August 11, 2026
The principle is clear: businesses will be prohibited from making telephone marketing calls to consumers who have not previously given their consent to receive commercial solicitations by phone.
For real estate professionals, this means that calling a private individual who has posted a listing on a website such as Leboncoin, SeLoger, or PAP without having digital proof of that person’s prior consent—will be prohibited.
The mere fact that someone has published their phone number in a listing does not constitute consent under the law. Valid consent is strictly defined: it must be “freely given, specific, informed, unambiguous, and revocable, and expressed through a clear affirmative action.” A pre-checked box on an online form is not sufficient.
The burden of proof rests entirely with the professional, who must be able to demonstrate that consent was obtained in accordance with these requirements.
Penalties for non-compliance:
- Individuals (agents or independent real estate representatives): administrative fine of up to €75,000.
- Legal entities (real estate agencies or networks): administrative fine of up to €375,000.
- In both cases: any contract entered into as a result of an unlawful call may be declared null and void.
What Remains Permitted: Legal Exceptions
The law provides for two exceptions to the general prohibition that are particularly relevant to real estate professionals.
The “existing contract” exception: An agent may contact a client without prior opt-in consent when there is already an active contractual relationship—such as an active listing agreement, buyer representation agreement, or property management lease—provided that the communication relates to the subject matter of that contract.
Following up on an ongoing matter or proposing an additional property within the scope of an active buyer representation agreement therefore remains permitted.
Valid opt-in—the path forward: Any online property valuation form, contact form, or newsletter signup that includes an explicit, unchecked consent box with clear wording—such as, “I agree to be contacted by phone by Agency X for marketing purposes”—may constitute valid consent.
This is the primary path forward for agencies that want to maintain an active telephone prospecting strategy.
Reminder: calling hours remain regulated. Even with valid consent, calls may only be made on weekdays, excluding public holidays, between 10:00 a.m. and 1:00 p.m. and between 2:00 p.m. and 8:00 p.m., unless the consumer has explicitly agreed to be contacted at another specifically defined time.
Action Plan: How to Adapt Now
August 11, 2026 is approaching quickly. Here are four steps to take without delay:
1. Audit: Review all existing contact databases. Divide prospects into two categories: those for whom you have proof of valid consent—such as a completed form or documented opt-in—and those for whom you have no such record. Starting August 11, the latter may no longer be cold-called.
2. Collect: Implement consent-gathering mechanisms on your website, such as an online property valuation form with an explicit opt-in checkbox, a home value estimator, or signup for a local newsletter. Every digital interaction becomes an opportunity to build a database of prospects who can legally be contacted.
3. Focus on inbound marketing: Accelerate the production of valuable content designed to attract sellers who come to you: practical guides for homeowners selling without an agent, local market analyses, and decision-making tools. A homeowner who completes your property valuation form gives you both a reason to follow up and, when properly obtained, consent to contact them.
4. Get back into the field: Restore the importance of physical prospecting methods that fall outside the scope of the law: targeted leaflet distribution, partnerships with referral sources, a presence in local businesses and community organizations, and referral networks. These complementary approaches are not affected by the reform.
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