Legal Question in Business Law in California

1) This question makes no sense. There are no statutory categories of finders of business opportunities.

2) This question makes no sense either. There is no legal definition of a business opportunity, except maybe in the context of a fiduciary duty not to take a business opportunity that belongs to a person's partners or an agent's principal.

As to #1, there is a well-recognized distinction made in case law between acting as a broker in a business-acquisition transaction, and acting merely as a finder. One must be a licensed broker to receive compensation from a principal to the transaction (e.g., a commission), whereas a party that fits the largely judge-made definition of a finder may receive a commission without violating the licensing law (and may sue for the commission if not paid). This is covered by Business and Professions Code sections 10131 and 10131.2, defining people who do certain things as "real estate brokers" and hence requiring them to be licensed.

The following definitions are cut-and-pasted from Miller & Starr's treatise on California real estate, and are supported in the original by footnote references to published cases:

Definitions. "Middleperson," "middleman," and "finder" are terms used interchangeably. For most purposes, each describes the same category of persons, and the legal principles applicable to one are generally applicable to each of them.[FN1] For purposes of simplicity, this text refers to such persons as a "finder."

Definition of a "finder." A person acts as a "finder" or "middleperson" when his or her entire activity in the transaction is limited to arranging an introduction between an owner of real property and a prospective purchaser.[FN2] The finder also may recover compensation when, pursuant to the agreement with the principal, he or she introduces the principal to another finder who in turn introduces the principal to the seller or buyer.[FN3]

As to #2, there is a halfhearted attempt to define a "business opportinuty" at Business and Professions Code section 10030. There seem to be very few cases shedding light on what is and is not a "business opportunity," but those that have been published tend to suggest that the definition is quite broad and includes whatever a reasonable person with some business background might think of as a "business opportunity" when making a purchase.