When is real estate a security? - Posted by Mary Stenzel

Posted by JHyre in Ohio on October 15, 2002 at 10:50:32:

The definition of “security” is very broad in most states…a classic case labelled the sale of interests in FL orange groves as a security. The corporation is probably being investigated for selling shares or soliciting funds without going through a legal, lengthy and expensive process of registration (with the state & feds). I don’t see how this would effect you - you helped the company purchase property, not sell shares or solicit funds. Of course, I’m not an expert on the securities laws of your state.

John Hyre

When is real estate a security? - Posted by Mary Stenzel

Posted by Mary Stenzel on October 14, 2002 at 11:44:14:

I was a buyer’s agent for a corporation that is now under scrutiny from the DA’s office because they want to label the corporation’s real estate transactions a “security”. The corporation did not partner with any buyer or seller in joint ownership of any property.

Does anyone have any legal articles, definitions or help as to when a real estate deal is and is not a security? Or could possibly recommend a good attorney to review and provide expert witness statements? Thanks!