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Real Estate Law Forum
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Your Hosts: William Bronchick, J.D. & John Merchant, J.D.
John Merchant is retired lawyer and long-time real estate investor. He's owned commercial real estate of every type in a number of states. He's a frequent speaker at real estate investment gatherings and contributes real estate investing articles to various real estate newsletters and publications. |
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#1
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Hello,
Might someone know about the legality of finder's fees in the Commonwealth of PA? Specifically, if a non-real-estate-licensed investor pays a $1000 finder's fee to a non-real-estate-licensed bird dog, have either of them broken the law? If so, what might the penalties be? Any assistance would be much appreciated. Thanks. Ken |
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#2
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Give your state RE Commission a call and get their take on question like this.
RE agency questions revolve around the legal issue of agency, that is the legal acting for another person. Bird-dog deals where nobody is claiming to be agent for another are legal, non agency questions so are exempt from RE licensing. Think about this: You're selling your own knowledge and info to a buyer who can benefit from your knowledge. not claiming to be agent or collecting commission from anybody. Of course Congress or any state legislature may have enacted some specific "anti-birddog" laws so that's why a call to your state RE commission should be done. |
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#3
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Thank you, John
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#4
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Quote:
Isn't there another test. If the person is being paid for info and not for deals done, then the bird dog is selling time or info. If the $1,000 is only paid if a deal is done (no deal, no fee) then that is a reward or commission and therefore is tied to the brokering of a deal.
__________________
John Corey www.ChelseaPrivateEquity.com/blog Real Estate Investor (REI) with just over 30 years of history and some degree of experience. |
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