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Your Hosts: William Bronchick, J.D. & John Merchant, J.D.

William Bronchick is a nationally-known attorney, author, and speaker. He has been practicing law and investing in real estate since 1990 and has been involved in over 2,000 real estate transactions.

He has trained countless people all over the country to become financially successful.

Bill has served as President of the Colorado Association of Real Estate Investors since 1996. He is admitted to practice law before the bars of New York and Colorado.

He is the author of many excellent real estate investing and asset protection courses.

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.

His current real estate focus is the operation and expansion of a foreclosure trustee company and mobile home wholesaling.

John's book Use of IRA and Other Retirement Plans in Real Estate Investing was one of the first to address this real estate investment tool and has had many printings.


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Old 05-21-2012, 02:35 PM
kjkre kjkre is offline
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Default Finder's Fee Legality

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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Old 05-21-2012, 07:04 PM
John Merchant John Merchant is offline
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Default Ask your RE Commission

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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Old 05-22-2012, 03:49 AM
kjkre kjkre is offline
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Default Thank you

Thank you, John
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Old 05-22-2012, 01:51 PM
John_Corey John_Corey is offline
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Default

Quote:
Originally Posted by John Merchant View Post
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.
John,

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.
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Real Estate Investor (REI) with just over 30 years of history and some degree of experience.
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