has anyone run into issues with paying bird dogs fees in the state of WA?
a lawyer is suggesting that BD needs to have RE license, etc
Good to meet you…
Depending on what they do for you, most would agree that they need a license…
The issue is that they are not a principle in the transaction… Make them one using either a simple partnership, which you buy out, or if a corp a VP…
Its too easy to do correctly to do it wrong…
Good luck
Michael
PS had to edit cus I cant spell…
pegasis,
Glad to meet you.
Run this by your attorney.
The local Real Estate Boards impose regulation relevant to the distribution or aid in distribution of a homestead with the intent to protect the consumer (and in some rare cases monopolize the marketplace).
Whether or not this legislation is put into place in a criminal or a civil context, it does appear fairly evident that the enforcement of this legislation would be limited to that of:
a) When a consumer is being blind-sided (ie: you are acting on his or her behalf without proper licensing and steering him/her wrong)
b) You are continuously taking a “fee” for selling real estate.
If you are working with an investor, and you are paid by the investor, who has experience in real estate transactions, and you are not party to that transaction (ie: a consultant) you should, be ok, for the following reasons:
-
You are taking a fee for selling information, not real estate (nobody can prevent you from charging $5.00 to tell him or her were the nearest gas station is, or where the nearest “deal” is)
-
Even if legislation was in place to protect the consumer, you have conducted no harm to the consumer…so in a semi-perfect world, you can indeed pay for a lead on a house!
I think it is important to know, most investors are opposed to the local Real Estate Boards attempting to corner the market on Buying/Selling properties, I am certainly of the opinion that the local Boards would like to see no investors/creative RE at all so that they can continue to take a small chunk out of every property sold and have the properties sold according to their “rules & regulations”.
There is also such a thing as a simple Partnership Agreement, thereby making you and the investor principals in the transaction. The Bird Dog is bought out of the Partnership by the investor, thereby violating no State Statute.
John $Cash$ Locke
John…
You wrote a book on this topic didnt you? Are you still offering it?
Have a great Easter btw
Michael
Hey Guys,
New to the forum.
(Back on the scene again).
If your BDs handle these referrals as leads. And you pay them for leads you should be fine.
We call them “property locators” and not Bird dogs. BDs sounds a bit condescending.
Anyway, our PLs are okay with getting paid on leads.
Good luck with it.
Mike