Legal Question in Real Estate Law in California

Re: Real Estate Lic. Requirements, CA

From your description of potential sales transactions, namely the plan to utilize as licensed real estate agent to represent the owners, I do not believe that you would violating any California real estate licensing laws. I refer you to California Business & Professions Code section 10130, et seq. for a description and list of activities which require a license.

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Re: Real Estate Lic. Requirements, CA

Business and Professions Code section 10130 simply states "It is unlawful for any person to engage in the business, act in the capacity of, advertise or assume to act as a real estate broker or a real estate salesman within this state without first obtaining a real estate license from the department."

This code section does not resolve the issue. Activities that require a real estate license are listed in Business and Professions Code section 10131. Included in the definition is "Sells or offers to sell, buys or offers to buy, solicits prospective sellers or puchasers of, solicits or obtains listings of, or negotiates the purchase, sale or exchange of real property or a business opportunity."

It could be argued that you are receiving money from your company for offering to sell or find sellers for real property that is not yours. I would say that requires a license.

Very truly yours,

Re: Real Estate Lic. Requirements, CA

In reviewing Mr. Roach's response and reconsidering your question, I agree with his note of caution. As noted in the B&P regs cited in the prior answers, marketing and advertizing activities fall within the areas of requiring a license. Your role of providing site info and as sales contact appear to make you a marketer. To be safe, I recommend that owner's RE agents handle this - after all, they should have to do something to earn that commission. Good luck.