Legal Question in Real Estate Law in California

Are real estate agents and real estate brokers in California allowed to flip houses for their own investment purposes?


Asked on 12/03/09, 6:34 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Of course; just like anyone else, subject ot proper disclosure of status. .

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Answered on 12/08/09, 6:48 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes. They must disclose that they are license holders and would probably be held to a higher standard of conduct, should a dispute arise, but licensees are not prohibited from dealing in real property for their own account, and many do, or did, when times were brighter.

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Answered on 12/08/09, 7:18 pm

The previous answers are correct. The key word in both is disclosure, not only of the fact that they are licensed, but that the transaction is a flip, unless there is a period of ownership by the professional after close of escrow on the professional's acquisition of the property and entering into contract to resell it. The one exception is that a real estate professional cannot flip a house to a person they are already acting as the agent for, since they have a fiduciary duty to let the buyer have the opportunity to buy from the original seller, and they should not sell property they own to someone who they have a buyer's agent agreement, though with adequate disclosures that is not always illegal (never really ethical though).

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Answered on 12/09/09, 12:27 am


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