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Updated over 1 year ago on . Most recent reply

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Luis Herna
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84
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Is Bird Dogging Ilegal in Texas?

Luis Herna
Posted

Since launching our website and Facebook group, the number of requests has skyrocketed. Buyers and sellers are lining up for deals. While we primarily focus on the Texas/Oklahoma market, apparently receiving a commission for finding deals or bringing investors without a real estate license could be illegal. What if we charge a consultant or marketing instead of finders fee? Can we avoid any legal litigation here? any advise?

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Evan Polaski
#2 Commercial Real Estate Investing Contributor
  • Cincinnati, OH
3,730
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Evan Polaski
#2 Commercial Real Estate Investing Contributor
  • Cincinnati, OH
Replied

@Luis Herna, while I am not overly certain about TX's nuances, but they sound similar to Ohio, if you are collecting a commission, whether a fixed amount or a percentage of sales price, you are brokering deals and require a license.

In my market the grey area solution is, like Daniel noted, actually close on the deal in a dual closing transaction, or formally assign the contract with an assignment fee tied to it.  But even this, as noted, is explicitly allowed in Ohio, but rather open to interpretation.

  • Evan Polaski
  • [email protected]
  • 513-638-9799
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