All Forum Posts by: Heather Angelo

(In line emphasis my own, for easier reading only.) Thank you for directing me to this article. After reading the entire case text (which was quite interesting and informative, by the way) it actually does state that the finding was reversed. Thanks again for the clarifying article!

https://casetext.com/case/xarin-real-estate-v-gamb...  

This appeal involves the construction of the Texas Real Estate License Act1 . The jury found that plaintiffs Larry Baker and Empire Real Estate, Inc. (hereinafter Baker) and Dr. and Mrs. Jose Gamboa (hereinafter Gamboas) had been damaged by the actions of appellant Xarin Real Estate, Inc. (hereinafter Xarin) in the amount of $232,000.00 and $25,000.00, respectively. In its judgment, the trial court trebled the Gamboas' amount and doubled Baker's under Section 19(b) of the Act. Additionally, the jury found that Baker's action against the Gamboas was brought in bad faith and *8282 awarded the Gamboas attorney's fees against Baker for $67,500.00 plus additional attorney's fees in the amount of $25,000.00 for appeal. We reverse and render.

 While the various parties raise numerous points of error, the initial question which we must resolve concerns construction of the Texas Real Estate License Act. It is appellant Xarin's position that, for a variety of reasons, it was not subject to the provisions of the Act; therefore, the findings by the jury that it had violated the Act were, as a matter of law, incorrect.

The portion of the trial court's judgment awarding Baker and the Gamboas recovery from Xarin under the Real Estate License Act, and the portion of the judgment awarding Baker attorney's fees against Xarin, are reversed and rendered that the Gamboas and Baker take nothing.

Considering that the common mantra is to find a "real estate investor friendly attorney" in order to get legal advice pertaining to the REI field, this was part of my ongoing research. Thanks for your opinion, but to be honest, the condescending negativity expressed in the prior post is a disservice to your agenda. A better way of contributing (good, bad or indifferent) would be to share your views without insinuating that someone else is ignorant. The source website for this information provides the following information:

William Bronchick, Host of Legalwiz.com is a nationally-known attorney, author, entrepreneur, and public speaker.

Mr. Bronchick has been practicing law and investing in real estate since the early 90’s, having been involved thousands of real estate transactions. He has trained countless people all over the Country to become financially successful, speaking to audiences of as many as 16,000 at mega-events, sharing the stage with names like Rudy Guliani, Steve Forbes, and Colin Powell.

His best-selling book, “Flipping Properties”, was named one of the ten best real estate books of the year by the Chicago Tribune. William Bronchick is also the author of the highly acclaimed books, “Financing Secrets of a Millionaire Real Estate Investor”,”Wealth Protection Secrets of a Millionaire Real Estate Investor”, “Defensive Real Estate Investing” and his latest work, “How to Sell a House Fast in a Slow Real Estate Market”.

William Bronchick is the co-founder and past President of the Colorado Association of Real Estate Investors and the Executive Director of the College of American Real Estate Investors. He is admitted to practice law before the bars of New York and Colorado and is a member of the Colorado and American Bar Associations. He is also a licensed real estate broker in Colorado.

Finally, I will be sure to take your "advice" to heart and research the source before I blindly believe what someone is telling me.  So, what are your credentials and are they verifiable?  

Currently I'm a full-time student and about to begin a new full-time job. I certainly am interested in getting my RE license eventually but obviously that takes time and money, both of which are at a premium at the moment. If there is a way to get started sooner rather than later, I would like to explore it. 

Thanks @Stuart Birdsong!

Interestingly, this also makes me rethink building a buyers list first

I agree and I'm right there with you.

:) Certainly not trying to cause any issues.  If anything, I'm trying to resolve them according to current law.  

First, I'm a newbie and lately I've been stalled due to the ongoing conversation/discussion on whether or not wholesaling is legal.  There have been a plethora of opinions and heated discussions surrounding this topic, which unfortunately leaves newbies like me at a standstill.  

That said, I found this really great article, written by an attorney, and I thought I'd share.  

http://www.legalwiz.com/license-to-wholesale-prope...

by Attorney William Bronchick

You buy a property, you wholesale it, you profit. Do you need a license to wholesale properties? In most cases, the answer is

Just...FYI

http://texasvoices.org/wordpress/wp-content/upload...

“[Sex offenders] need to have a place to live, they need to be able to get jobs. They need to be able to support themselves and their families… Residency restriction laws can permanently separate offenders from their families and children who depend on them, or force entire families to relocate, creating psychological and financial hardship to innocent family members.” Dr. Jill S. Levenson, Lynn University

http://texasvoices.org/wordpress/wp-content/upload...

The Public Sex Offender Registry … …lumps everyone together, regardless of his or her crime, implying a false equivalence. …is an ineffective, inaccurate, and expensive database that does not reduce recidivism. …hinders the ability of registered people to acquire employment and housing. …creates a false sense of security for people living in communities. …leads people to believe sex offenders are the only ones committing sex crimes, but statistics show the vast majority of sex crimes (between 87% and 96%) are committed by someone not on a publicly accessible registry. …is a social death sentence for people who are required to register and spreads the stigma to family members like a state-sponsored malignancy.

Research directly contradicts the common belief that someone once sanctioned for a sex offense will inevitably reoffend. Registered sex offenders have the lowest recidivism rates when compared to domestic violence, battery, drug offenses, theft, robbery, DUI, and assault. The only crime with a lower recidivism rate is murder. (Bureau of Justice Statistics, 2006) Misleading information and panic-mongering about “stranger danger” make formulating effective policy almost impossible. Taxpayers are not well served by a registration system that costs millions of dollars and does not provide the intended public safety benefit.

Thanks for the response! I plan on joining my local REIA soon to begin networking with others in my area as well but I also really appreciate the thoughts on the fast track system from clever investor.