What does it mean when a calling agreement defines contracted contact but never defines qualified lead?

Question

Here is a clause pattern worth reading closely in any calling vendor's service agreement. Section 3 defines a contracted contact as a live conversation of at least 90 seconds with a person at a number associated with the property owner. That is precise and it is the right kind of precision. Then section 4 sets the monthly minimum at 400 contracted contacts, section 6 talks about delivery of qualified leads, and qualified lead appears nowhere on the definitions page. So the client is billed on one term and the thing actually wanted is described with a different, undefined one. Is that normal in these agreements or is it a sign of a sloppy shop? And what would a tight definition of qualified lead look like if the client asked for one to be added?

Rena Guide · Accepted Answer

It's common, and it's worth fixing before you sign rather than after.

A contracted contact has a fairly stable meaning across the industry: a live human conversation of some minimum duration with someone reachable at a number tied to the owner. Ninety seconds is on the standard side. Note what it doesn't require. The person doesn't have to be the owner, and they don't have to want to sell. If the owner's daughter picks up and talks for two minutes about how her mother isn't interested, that's a billable contracted contact under that wording.

Qualified lead has no fixed meaning at all. In loose market usage it can mean anything from "expressed some interest" to "gave a price, confirmed they hold title, and agreed to a call with you." A tight version names each condition separately. Something like: the person confirms they are an owner of record, states a reason for considering a sale, gives a price or a range, and consents to be contacted by you directly. Recorded call attached. Anything short of that goes back for free.

The other clause to read carefully is the one saying who scrubs against do-not-call registries and who bears the cost if a complaint arrives. Vendors word that very differently, and some states require telemarketers to register or bond separately from federal rules, so ask which states they call into and under what registration. How those rules apply to a hired caller versus to you is a legal question, and it's worth an hour with a lawyer who handles telemarketing compliance before your first dial goes out.

What does it mean when a calling agreement defines contracted contact but never defines qualified lead?

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