Legal Question in Real Estate Law in California

for sale by owner

I sold my home with the help of the escrow company and the lending company. Is there a way to help others sell their home and still make a little money for myself?

Can I work with a real estate attorney?


Asked on 8/08/07, 10:30 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: for sale by owner

Turn pro. Contact your local community college about courses that will lead to your getting your real estate broker's license.

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Answered on 8/08/07, 10:37 pm
Judith Deming Deming & Associates

Re: for sale by owner

You cannot legally claim a commission unless you are a licensed agent. A sales licensee must be employed by a broker but a broker can act on his own.

Be aware, however, there are a myriad of liabilities that come with acting on behalf of others that you do not undertake when you act on your own behalf. Real estate attorneys really would have no need of someone who can do what they can easily do themselves; moreover, they cannot legally employ you to do acts that require a real estate license unless you are licensed.

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Answered on 8/09/07, 12:01 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: for sale by owner

Perhaps you could work with an attorney, but your role would have to be quite limited.

Attorneys can do real estate transactions, but only for clients, and non-attorneys working in their offices cannot assume roles that involve negotiation or selling activities.

You would be better off to get a real estate salesperson's license, which given your demonstrated abilities should be a breeze for you, and well worth the while, as the real estate business will probably recover from its current doldrums about the time you greaduate and get a license.

Mr. Stone suggested community college and I think that is a very good idea, but you could also consider some of the on-line schools if you are bright and self-motivating.

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Answered on 8/09/07, 12:06 am


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