what do yall make of this ?? Comments please. thanks DG family
NOTE: this is not about "your selling the paper not the house" this is marketing..
what other ways do we have to market our properties for sale after we get them under contract.....
postlets is a website also.
WARNING to all "wholesalers" (new orleans)
If you are a "wholesaler" and are posting properties for sale on Craigslist, Zillow or any other website you are in direct violation of Louisiana real estate law.
You MUST be LICENSED by the Louisiana Real Estate Commission to market properties for sale that you do not own. Having the property under contract does not mean you can publicly market the property for sale. You can only do so if you have an active real estate LICENSE issued by the Louisiana Real Estate Commission. The only LEGAL way for you to publicly market properties for sale without a real estate license that you do not own is to actually buy the property first, then you can legally market it as a for sale by owner.
By publicly marketing properties for sale that you do not own you are practicing real estate without a license and are subject to the below provision of Louisiana real estate law and will be subject to fines of up to $5,000 and the commission may require that you return any fees collected for engaging in real estate activity. In addition, the commission may assess costs and attorney fees against the unlicensed person found to have been engaged in real estate activity without a current license.
§1459. Real estate activity; unlicensed person
A.(1) In addition to any other civil remedy or civil penalty provided for in this Chapter, the commission may issue a subpoena to any person or persons who the commission has probable cause to believe has engaged in real estate activity without a currently valid license.
(2) Subpoenas issued by the commission shall comply with the notice requirements of R.S. 49:955. These subpoenas shall be served upon the unlicensed individual personally or by any type of mailing requiring a return receipt and shall include a statement of the manner in which the unlicensed person shall be required to respond to the commission.
B. The commission may impose a civil penalty of no more than five thousand dollars upon any unlicensed person who, after a hearing or informal resolution in accordance with all provisions of this Chapter and the Administrative Procedure Act, is found to have engaged in real estate activity without the benefit of a currently valid license having been issued by the commission pursuant to the provisions of this Chapter. In addition, the commission may assess costs and attorney fees against the unlicensed person found to have been engaged in real estate activity without a current license.
C. The fact that any person engages in or performs or offers to engage in or perform any of the practices, acts, or operations set forth in R.S. 37:1431(7) is prima facie evidence that such person is engaged in the illegal practice of real estate.
D. No person engaged in real estate activity without a currently valid license shall have the right to receive any compensation for services so rendered. In addition to any other penalties imposed under R.S. 37:1455 and 1458, the commission may require that any person engaged in real estate activity without a license return any fees collected for engaging in real estate activity.
Acts 2003, No. 713, §1; Amended by Acts 2006, No. 343, §1
http://www.lrec.state.la.us/pages/license-law-updates-ctd/#RealIV
YOU HAVE BEEN WARNED !!!!!!!!!!
When did that start, I wonder..& what's next?
"I can do all things through Christ who strengthens me" Phil 4:13
thanks yall.
"No person engaged in real estate activity without a currently valid license shall have the right to receive any compensation for services so rendered."
You're not rendering any services if you have the property under contract. You have an equitable interest that you are selling on your own behalf. Now if you get into marketing fees, bird dog agreements, co-op lease options, etc where you don't have an equitable interest, that may be another story. Just my opinion and I may be wrong.
thanks for your comment thomas.
"Having the property under contract does not mean you can publicly market the property for sale."
We have been taught Deans way, buyers first.
Find what they want go get it under contract and sell our position in the contract to them. No marketing so we have done nothing illegal, if that's what you are implying, its how we market our deals that need a license?
Its our name and earnest money that's on that line, I would say we have invested rights in the contract that gives us some control on how we find financing, inspections, partner agreement, Aaron/and or assigns and if we cant in the given time, we back out!
Just my thoughts
Aaron
Buyers list
I feel this state will be the catalyst for all other states to follow where if you do not have a strong buyers list
You would have to make a great connection with a realtor. Or a lot of default realtors would emerge
I just think marketing will be gone and double closes will rise
Watch your thoughts, for they become words.
Watch your words, for they become actions.
Watch your actions, for they become habits.
Watch your habits, for they become character.
Watch your character, for it becomes your destiny.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Our Heart's Desire must be nurtured by our mind,to give birth to common sense, that will enable us to seek out the path less traveled, with the greatest Personal Growth. -J.R.-
I agree we all should have a strong buyers list.
Not sure about gone marketing and only doubles close.
I think L/O is still a good tool to use and on the buy and hold side, owner financing with low down and full control will always be around.
BUT every market is a little different so I can only answer on my market, its cheap and free when done right.
Aaron
You do make a very good point there are other options and it is subject to the market in the area
Watch your thoughts, for they become words.
Watch your words, for they become actions.
Watch your actions, for they become habits.
Watch your habits, for they become character.
Watch your character, for it becomes your destiny.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Our Heart's Desire must be nurtured by our mind,to give birth to common sense, that will enable us to seek out the path less traveled, with the greatest Personal Growth. -J.R.-
You MUST be LICENSED by the Louisiana Real Estate Commission to market properties for sale that you do not own. Having the property >> under contract << does not mean you can >> publicly market the property for sale <<. You can only do so if you have an active real estate LICENSE issued by the Louisiana Real Estate Commission. ggeezz always something.
WALT
We are not actually selling the properties, we are selling our rights to our contract. So I guess you can switch the wording around in your ads and just say your selling you interest in the contract for the property that your in the process of selling. Try that.
Reynold Orozco
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its new orleans cl
And Aaron's idea of having buyers and not needing to market. But Reynolds that is a great backup idea!
www.tw4homes.com website
https://tvallc.isrefer.com/go/RehabLite/reigirl/ FREE SOFTWARE FOR WHOLESALERS, REHABBERS AND AGENTS! Present professional looking deals to buyers and lenders as well as run your numbers and get the ROI.
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I would say you are not an attorney & until you speak to a couple(free of charge of course-find a way to do that) & they tell you that you cannot market your interest in a property(selling the contract/assigning the contract) don't believe that you cannot.
The most expensive advice we can get is bad advice!!!!! Would you take legal advice from a dentist? Or a plumber? Also if an agent tries to tell you that it is illegal would you take legal advice from them too? Of course not, especially agents are the worse(and I love agents) about giving out bad legal advice!!!!!
So get educated first about your State-it is prob not illegal, but if it were then Joel is absolutely right & Rey, get a solid buyers list-qualify them-get enough of them when you are starting out to make sure one of them will get yiour deal-& you wont have to post your deals publicly-just create your own flyer.
And on Clist post it there too-just leave out the address & put photos of another hm or none just the basic details to get calls from prospective buyers. Let's find a way to succeed not find ways to fail or let ourselve's be moved by what others say. So go out there & make some offers! Today I made 2!
Tony
Go faster do more! GFDM!
It has some response to it. Walt I think we all agree that when we put our name on this we have legal attachment to it so we have a right to sell our position if we choose.
I think your referring to how we market it. Like I said above when you have buyers you do not market so its just sell your position in the contract (assign) and that's legal. Im not an attorney so you should consult with one.
To much thought on this, go find buyers get info on what they want and go get it..Is it easy NO but if wholesaling is your thing than put in the work that it takes and make offers every week and do what Dean teaches us....
Just my thoughts.
Aaron
I really appreciate it. any more ?
Hi Walt
The person posting this is quoting the law:
§1459. Real estate activity; unlicensed person
But the BS they posted above that law is their thoughts on it. I didn't see in the LAW about if you are doing this or that (under contract). What am I missing here. This must be a ****ed off agent who can't get deals or someone that got burned by a wholesaler???? NOW GO GET SOME...
Not having a goal is worse than not setting one..
http://www.deangraziosi.com/real-estate-forums/investing-journals/92139/... -
http://www.deansmedia.com/play.php?vid=266
i hadn't looked at it like that. I am going to get the low down on this for sure..
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This sounds like a real estate agent with too much time on their hands. When he/she is not selling properties they are probably a "professional craigslist flagger"! (LOL). Also, this agent may not understand investing and would probably be the first to say "you can't do that here" when you speak of double closings, etc.
A few things,
I would speak to a few real estate agents in your area about this; it gives you the opportunity to speak to real estate agents to see if they are "investor friendly" and can help you in your investing.
Find yourself an attorney and ask if they are a "real estate attorney", then ask him/her.
Finally, consider becoming a real estate agent yourself. You'll have access to MLS and with a little creativity, you can create another income source via getting money for referrals from agents you give leads to from those properties that don't fit with your criteria that you personally want to sell. (That little tip right there might just be worth $80K a year for you!)
Hope this helps! Ter Scott!
Terrrific. Energizing. Results!
Public Speaker, Instructor, Marketer
www.terscott.com
thanks for commenting...
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1
Unless it's just a bunch of BS and made to look like a law?