Can I do this?

Question

Hi guys I am not a licensed realtor, but wanted to create a website that would directly market to homeowners facing foreclosure.  I wanted to explain on this website that I can help by referring them to a great short sale specialist.  The short sale specialist will than ask if I would like to put in an offer on the property so I can preform a back to back.

I'v been doing some research and saw a lot of real estate investors getting into trouble with the DRE by directly marketing to these homeowners while not having a license.  The problem they were having was with code violation 10130.  This troubles me because this real estate group was working with Ron Ballard one of California's known real estate attorneys. Seemed like they were doing everything legal until this.

Area you guys familiar with this code violation?

Stu Holbrook · Answer

Here is what DRE states: You need a license if you "Sells or offers to sell, buys or offers to buy, solicits prospective sellers or purchasers of, solicits or obtains listings of, or negotiates the purchase, sale or exchange of real property or a business opportunity." What you refer to is a business opportunity at the least, seems the state expects you to have a license. This is not true in all states, clearly. If your place of business were in Oregon, you could buy and sell California properties without a California license.

Matt Castelo · Answer

Ya your right Jason....I better just make a website that markets me as just a Home Buyer.  This will just keep me from any trouble from the DRE.  Thanks for the input Jason.

Jason S. · Answer

You can legally act as a finder in CA.  But be prepared to defend your position with the Ca DRE.  You would be better off getting an agent/broker/etc to sign off on the site and simply run it in conjunction with them.  You will not have your site up for long before some agent will snitch on you, whether you are doing right or wrong, they will snitch and the DRE will investigate.