Atty says CRE's illegal w/out CA Brkr's License! - Posted by HFW - CA

Posted by William Bronchick on January 23, 2002 at 07:46:53:

Or nothing . . .

You don’t owe anything to the attorney, since you pay his bill!

Atty says CRE’s illegal w/out CA Brkr’s License! - Posted by HFW - CA

Posted by HFW - CA on January 22, 2002 at 15:27:45:

Bill,

I’m very concerned. I asked an Attorney to review my website for any red-flags? Instead of spotting this or that - he’s come back with a blanket statement saying, in essence, that the kinds of transaction I would be doing (Lease Options, etc… - standard creative stuff that we all discuss on this board and that all the guru’s teach) would be in violation of CA REAL ESTATE CODE - unless I was a licensed Broker.

What’s a heavily invested newbie to do???

Thanks for any advice. I can’t afford to wait months to get my broker’s license before I start doing this.

HFW - CA

Get a new attorney - Posted by Bronchick

Posted by Bronchick on January 22, 2002 at 17:08:54:

This attorney obviously does not have enough expertise to give you an informed opinion.

When an attorney doesn’t know sh**, he is afraid of getting sued for giving wrong advice, so he says “don’t do that.”

Re: Get a new attorney - Posted by HFW

Posted by HFW on January 22, 2002 at 17:29:13:

THANK YOU! - I was hoping you’d say that.

He feels that he’ll be liable because he’s an ‘agent.’

We only contracted for one thing (review web site for illegalities) and I plan to pay him what’s due for that service.

What would be the nicest way to finish that relationship so that he doesn’t feel liable? Should I give him a letter saying I’ve heard his advice and disagree with his council, therefore he is not an agent of my company and is not liable - or something like that?

or…?

Thanks,
HFW

Not that you owe him an explanation but … - Posted by Ben (NJ)

Posted by Ben (NJ) on January 23, 2002 at 07:56:28:

you could simply state in writing that you are proceeding against the advice of counsel. That gets him off the “hook”.