Posted by stan on January 06, 2005 at 10:41:48:
Thanks very much. Your comment is very helpful.
Call from Real Estate Commission - Posted by stan
Posted by stan on January 04, 2005 at 15:03:42:
All,
I got a call from someone with the local real estate commission – some lady saw my signs out and about and call this gentleman to find out if was licensed – and I’m not. Should I return the call. What authority does he have?
Thanks
Re: Call from Real Estate Commission - Posted by John Merchant
Posted by John Merchant on January 04, 2005 at 16:59:50:
It’s always been my policy to not discuss anything with anybody I didn’t know well, from either gov. or private,unless/until they make it clear they’re wanting info on somebody else.
e.g., some years back I got a call one day from FBI Special Agent, who quickly advised me he was calling to get info on an agent of mine, whose activities were being investigated for possible criminal activity…totally unrelated to me.
Based on that I did discuss what I knew with the FBI guy, all came to nothing so far as I was concerned, but the guy we were discussing was later convicted of a number of fraudulent schemes of which I"d been unaware.
BUT if the Agent had said it involved me or my activities, I’d have politely declined to talk and told him to contact my lawyer or send me whatever he wanted, in writing so I’d not make any kind of commitments or statements on the phone.
As a lawyer I’ve seen and heard of too many incidents about the call at the early or odd hour, made with the full intention of catching the callee unaware and unprepared and likely to make some foolish statement or admission being caught offguard like that.
I think you’d find most lawyers equally shy and wary of talking much over the phone to somebody they don’t know…as whatever is said then might be unguarded, not thought through, etc., and not something in favor of the callee.
So what do you do? I’d suggest having your lawyer call for you, as he/she isn’t going to really be telling the state guy very much and will be primarily listening…whereas it would be difficult for you to do that.
Re: Call from Real Estate Commission - Posted by JohnBoy
Posted by JohnBoy on January 04, 2005 at 15:20:59:
What does your signs say?
Re: Call from Real Estate Commission - Posted by stan
Posted by stan on January 04, 2005 at 17:52:16:
Thanks – I was in panic when I heard from this guy. Your advice is sage.
Re: Call from Real Estate Commission - Posted by stan
Posted by stan on January 04, 2005 at 17:51:20:
I Buy Homes
xxx-xxx-xxxx
Re: Call from Real Estate Commission - Posted by JohnBoy
Posted by JohnBoy on January 04, 2005 at 20:13:47:
You do not need a license to buy houses! You only need a license to buy and sell “for another”.
If Mr. Smith was selling and you were to sell it FOR Mr. Smith then you would need a license.
If you were buying it from Mr. Smith for yourself, and then selling it for yourself, there is no license required.
Only when you are acting FOR ANOTHER in buying and selling real estate is when a license is required. But no license when buying and selling for yourself.
Re: Call from Real Estate Commission - Posted by stan
Posted by stan on January 05, 2005 at 02:08:44:
So what authority does a real estate commissioner have over a non-real estate licensed citizen? Is the real estate commission a public office?
Re: Call from Real Estate Commission - Posted by eric
Posted by eric on January 05, 2005 at 10:08:48:
It depends what state you are in. In CA, the CA Department of Real Estate is a state agency. Additionally, there are CA statutes that provide for both civil and criminal penalties for practicing without a license.
If you are buying houses for yourself and not acting as an agent for others, than no license should be required.
In any event, never answer questions over the phone. Make them send you written correspondence then have an attorney experienced in dealing with the specific agency review it.