Is this an SEC solicitation/advertising violation?

Question

Hello BP, I'm trying to find out if my website is in the clear or not before I publish it.

Words and terms used include "investment opportunities", "works with investors", "contact us to learn more whether you're a potential investor or seller", and "real estate investing made for you".

I do not have any Ads or marketing of any kind that would draw attention to my site, it would be used for a seller/investor to look at after speaking with me, or after a potential seller receives a letter in the mail about a possible purchase.

Any and all thoughts on this would be greatly appreciated, I've read several forums that have conflicting POVs on this so I'm looking for some more clarity.

Brian Bradley · Answer

@Connor Koehler talk to a securities attorney

Connor Koehler · Answer

@Carl Fischer Thank you for the response. I am buying real estate without soliciting any money and am not acting as a syndicator on any of my deals so far. While I am not opposed to that in the future, I have not crossed that bridge just yet. I have also considered emailing the SEC with screenshots of my website to check with them prior to publishing, but if I publish and they contact me at a later date to change some verbiage, I suppose that would be the same end result either way...

John Fortes · Answer

Professional advice is always better than many opinions.

Connor Koehler · Answer

@Kim Lisa Taylor I may DM you to speak offline at some point today to gain a better perspective on this, thank you!

Connor Koehler · Answer

@Roni Elias Thanks for your input. That sounds like a wise decision to make, either that or email the SEC directly to at least have a paper chain as well. If I am currently not soliciting or raising any money, does that change things? Or should I set up a 506 b or c offering from the start even if I don't plan to raise money for quite some time?

Kim Lisa Taylor · Answer

@Connor Koehler, I concur with the advice others have given; have a Syndication Attorney review your website so you don’t have to worry about it. I would be happy to talk to you offline.

Roni E. · Answer

I would speak to a securities attorney. As it seems you will be raising money and then need to decide are you doing 506b or 506c.

Carl Fischer · Answer

@Connor Koehler

If you are pooling other peoples money to buy securities then I would have a securities attorney review it. If it is selling or buying real estate most likely not an issue. Are you soliciting for money? Do you have a syndication and Private Placement Memorándum? Should you have them? you can always publish it and see if the SEC questions it and if so correct it as necessary. You can also ask the SEC straight up.

The lack of information you provided makes it hard to determine an answer.

Is this an SEC solicitation/advertising violation?

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