Legal Question in Real Estate Law in California

May an unlicensed person - not a Realtor negotiate and collect a fee when negoting a short sale for a seller.


Asked on 1/12/10, 4:08 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No, an unlicensed person who is not a principal (the buyer or seller) cannot negotiate the terms of a real-estate deal nor collect a commission. There are limited exceptions including one for lawyers who negotiate deals in the course of representing a client.

Also, "Realtor" is a trademark for a member of a private professional organization of agents and brokers who have become members and have subscribed to its privately-devised sets of standards and goals. Not all licensees are Realtors, but all Realtors are licensees in some state or other.

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Answered on 1/17/10, 5:46 pm


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