Legal Question in Real Estate Law in California
If you are a real estate syndicator who owns from 10 to 100% of his properties, do you need a broker's license under section 10131 california business professions code to manage my and my investors' (but not totally third-party) properties?
1 Answer from Attorneys
A general partner of a partnership is not required to hold a real estate license n managing or dealing with real property owned or leased by the partnership, or the proposed purchase or lease of property by the partnership, unless the partner is acting in the expectation of receiving compensation above and beyond his or her share of the partnership profits. See Business and Professions Code section 10133(a)(1) and the case of Broffman v. Newman (1989) 213 Cal.App.3d 252 at page 261. If the partner is going to receive special compensation, such as a commission or fee for performing the services, however, a license is required. Whether the syndicate you mention would meet the test of being a general partnership is, however, another question that I can't answer from the information given. Is there a partnership agreement? Are profits and losses shared? Does it otherwise act like a general partnership?
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