Legal Question in Business Law in Oregon
licensing
I will be a middle man between the seller of a second morgage note and the buyer of it. I will be keeping a finders fee. Do I need a business licence in the state of Oregon for such? Thank you for your time!
1 Answer from Attorneys
Re: licensing
ORS 696.511 states that a person may not "act in the capacity of an escrow agent without first obtaining a license as an escrow agent under the provisions of ORS 696.505 to 696.590."
An "escrow agent" means any person who engages in the business of receiving escrows for deposit or delivery and who receives or is promised any fee, commission, salary or other valuable consideration, whether contingent or otherwise, for or in anticipation of performance.
Requirements for acting as an escrow agent include a bond, written escrow instructions, proper accounting and deposit of funds.
The rationale behind using escrow agents is to provide parties protection in the event of a conflict. Would you know what to do in a conflict between the two parties?
Besides not having a license you could also get in a lot of other problems. Don't do it!
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