Legal Question in Real Estate Law in California
can an attorney sell real estate in ca. if they are not licensed realtors.
2 Answers from Attorneys
Actually, anyone over the age of 21 and of sound mind can sell real estate. However, it is necessary to have a California license and meet certain other requirements to participate in the sale of someone else's real estate, or to receive a commission from the sale of someone else's real property. There are a few limited exceptions to the licensing requirement; for example, one can receive a commission for acting as a finder so long as the finder does not participate in negotiating the deal terms. Finally, yes, an attorney can perform many of the functions of a licensed real estate salesperson when acting within the scope of the legal representation of a bona fide client. Please note that a "Realtor" is a real estate salesperson or broker who is a member of a particular trade organization. Not all licensed real-estate salespeople are Realtors, and the term should be capitalized.
Attorneys can represent existing clients in buying or selling without a RE license.