Pros and Cons of Getting Real Estate License (Georgia)

Pros and Cons of Getting Real Estate License (Georgia)

Investor · Norcross, GA · Member since 2016 · 87 posts · 20 votes

I want to ask the age-old question of whether or not it makes sense for me to get a license to sell real estate in Georgia.  As always, I think I know the answer, but thought I'd share specifics of my situation.  I have an 8-year plan to build passive income through buy and hold rental properties.  I am still early on in the plan and still expect to purchase about 30 more single family homes over the next several years.  Tonight I got to thinking that if my plan involves buying so many houses, at about $1,200 in commission per sale (after split), why on earth would I willingly give over this commission to my agent? Why not just get a license on my own and take the commissions myself?  That's about $30k-$40k over a few years that I'm just throwing away.  This seems like a no-brainer to me and fits well into a vertical integration strategy (I'm also thinking about managing other people's rentals as even more vertical integration (aka side money).  This doesn't seem like it really requires much extra work except on the front end actually getting licensed.  Are there any downsides to this that I'm not thinking about?  Does the law require an agent/principal to do something over and above what you'd normally do if you were only principal?  Do I have to disclose extra?  Is there higher liability legally?  Can I manage my own rental properties if I'm an agent?  Can I buy/sell my own properties?  Maybe there are some licensed agents in Georgia who are also investors who can weigh in?

I have friends in Alabama who are brokers and investors and they tell me it's a no brainer to get your license for the access and real-time info it gives you... but just want to cover the bases for Georgia in case it's different over here.

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Investor · Alpharetta, GA · Member since 2015 · 241 posts · 185 votes
10y

One more piece of advise to help make up your mind in the "pro" column: 

Georgia and Florida have started looking into the legal gray area of wholesaling without a real estate license. I personally spoke with the Florida Real Estate Commission in Orlando (FREC) and also Georgia's GREC a few months ago. Both said the same thing to me (so I know a problem is brewing): 

"Nobody is allowed under the law to assist a seller in any way, while earning a  fee, commission, or profit from selling someone else's property without a license. Period. "

That's pretty must the final answer I needed to hear from them. 

I explained to them that wholesaling is selling a piece of paper only - selling the right to buy at an agreed upon price. Didn't matter. They said that if the contracting buyer didn't have the funds to buy at the time of agreeing on price with the seller - it was under a false scenerio - since they were not going to buy the house from the start. That was their words- not mine.

I remember watching a video done by the National Real Estate Investor Association online interviewing Ohio ( I believe) real estate commission. They said the same thing...

People can argue either way - only the law is right. So whichever way the law allows is the correct way. Since I am licensed- it's a moot point for me. Obviously, I'm on the "get a license" side of the argument - so whatever outcome happens down the road - it doesn't affect licensed agents anyway. 

Like I said- just another issue to help you make up your mind. It might not even apply to you - just another issue in a somewhat gray area of real estate law.

But remember- if a buyer buys the home in a double closing - no issues whatsoever - anywhere. The above doesn't apply. Only the wholesaling act with no intention to purchase the home without a real estate license is in question.

See this reply in the discussion

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  • Atlanta, GA · Member since 2016 · 6 posts · 1 vote
    10y

    Hi, my name is Horace. I am in Atlanta, GA. I would like to learn the business. I was looking for cash buyers, fix and flippers along with buy and hold people. I am willing to work for free to learn what properties you are looking for etc. I will not work for free forever though lol.

  • Flipper/Rehabber · Dallas, GA · Member since 2016 · 147 posts · 39 votes
    10y

    @Eliot M. The one disadvantage I've heard about having yourself a Real Estate Agent license is that as an agent/investor, your first fiduciary responsibility is to your buyer. Then you can think of yourself and what you want from a property. For example, if a seller comes to you, looking for you to help them sell their house, your first responsibility is to help them get the most money for their house, and not try to buy their house as an investor for cheaper. But that only if they come to you. If you approach them first, you make it clear that you're approaching them as an investor that wants to buy their house, and you just happen to have a license (which can save you in commissions). 

    Overall, from what I've read/heard, the pros outweigh the cons. So definitely get a license.

    WHat have you found out as far as schooling required for a RE license in GA? I'm also interested in obtaining mine.

  • Real Estate Broker · North Richland Hills, TX · Member since 2013 · 1k+ posts · 607 votes
    10y
    Originally posted by @Jorge Borjas:

    @Eliot M. The one disadvantage I've heard about having yourself a Real Estate Agent license is that as an agent/investor, your first fiduciary responsibility is to your buyer. Then you can think of yourself and what you want from a property. For example, if a seller comes to you, looking for you to help them sell their house, your first responsibility is to help them get the most money for their house, and not try to buy their house as an investor for cheaper. But that only if they come to you. If you approach them first, you make it clear that you're approaching them as an investor that wants to buy their house, and you just happen to have a license (which can save you in commissions). 

    Overall, from what I've read/heard, the pros outweigh the cons. So definitely get a license.

     As an agent, your fiduciary responsibility is to your client, which in Eliot's case would be himself.   You owe your counter-party a standard of honesty and transparency - be sure they understand that you are an agent, but don't represent them, and are looking at their house as a for-profit investment.

    The pros and cons have been discussed endlessly on BP.   There's no clear-cut answer IMO, it's a personal decision.   Glad I have mine, but I'm not going to debate anyone who feels they're better off w/o a license.

  • Flipper/Rehabber · Dallas, GA · Member since 2016 · 147 posts · 39 votes
    10y

    @Chris Soignier That's good clarification. As long as you don't REPRESENT them, but are acting as an investor, you try to go for the best deal you can get. 

    @Eliot M. Like Chris said, as long as you're honest and transparent, you should have no issues. Having a license does seem like a great plus to me.

  • Investor · Alpharetta, GA · Member since 2015 · 241 posts · 185 votes
    10y

    One more piece of advise to help make up your mind in the "pro" column: 

    Georgia and Florida have started looking into the legal gray area of wholesaling without a real estate license. I personally spoke with the Florida Real Estate Commission in Orlando (FREC) and also Georgia's GREC a few months ago. Both said the same thing to me (so I know a problem is brewing): 

    "Nobody is allowed under the law to assist a seller in any way, while earning a  fee, commission, or profit from selling someone else's property without a license. Period. "

    That's pretty must the final answer I needed to hear from them. 

    I explained to them that wholesaling is selling a piece of paper only - selling the right to buy at an agreed upon price. Didn't matter. They said that if the contracting buyer didn't have the funds to buy at the time of agreeing on price with the seller - it was under a false scenerio - since they were not going to buy the house from the start. That was their words- not mine.

    I remember watching a video done by the National Real Estate Investor Association online interviewing Ohio ( I believe) real estate commission. They said the same thing...

    People can argue either way - only the law is right. So whichever way the law allows is the correct way. Since I am licensed- it's a moot point for me. Obviously, I'm on the "get a license" side of the argument - so whatever outcome happens down the road - it doesn't affect licensed agents anyway. 

    Like I said- just another issue to help you make up your mind. It might not even apply to you - just another issue in a somewhat gray area of real estate law.

    But remember- if a buyer buys the home in a double closing - no issues whatsoever - anywhere. The above doesn't apply. Only the wholesaling act with no intention to purchase the home without a real estate license is in question.

  • Real Estate Agent · Atlanta, GA · Member since 2016 · 64 posts · 21 votes
    10y

    It takes some time and effort to get a license but it's not too bad. I'd say get it and you won't regret it (rhyme). 

  • Real Estate Agent · Salt Lake City, UT · Member since 2016 · 30 posts · 7 votes
    10y

    @Eliot M. This can vary depending on the state. In Utah, as an agent, even if the other person does not have an agent they still have an agent. They have to agree to a limited agency agreement and then you act as agent on both sides. They are not technically allowed to be unrepresented. 

    A lot of investors and wholesalers do not have a license for that very reason in this state. Depending on what you would like to do I would contact a competent real estate attorney and seek some legal advice so you don't get sued in the future.

  • Flipper/Rehabber · Dallas, GA · Member since 2016 · 147 posts · 39 votes
    10y

    @Richard Balsam Thank you for this key news. Very important to know. If you don't mind me asking, do you use your license only to look at comps in MLS or do you find it helpful to find more deals?

  • Investor · Salt Lake City, UT · Member since 2016 · 40 posts · 4 votes
    10y

    I do not have a license now, I have in the past.

    The primary reason not to have a license in my experience is the resistance from sellers. For example, picture calling a prospective seller about a property. Here's a typical call:

    Buyer (You): Hi my name is (your name). I'm calling about your property for sale on Main Street. 

    Seller: Hi. Are you a realtor?

    Buyer:  Yes I have have a real estate license but... 

    It does not matter what you say next the Seller's barrier's and resistance go up immediately. They think you want a listing or they think you are "working them" for something.  It makes prospecting much harder. Even when you say: "Yes, I have a real estate license but I'm not calling for a listing. I'm interested in buying."   It won't matter, the barriers and warriness are already up. Just the way it is. 

    The Realtor disclosures issue when you have a license:  Folks have mentioned here this as an obstacle for other reasons. It's not an obstacle for the reasons people are discussing. You simply disclose your license to the Buyer and then use the correct documents and verbiage, you're fine. It's the prospecting barriers that are the issue. 

    On the other hand, if you do all commercial deals that issue goes away. Commercial deals are just about the numbers. They buyer's don't care if you have a license.

    Good luck to all!

    Andy

  • Investor · Alpharetta, GA · Member since 2015 · 241 posts · 185 votes
    10y

    @Jorge Borjas Good question! I use my license for multiple activities: Of course- comps, when buying and when selling, tax data- to see what I am about to pay when i own the home ( for long term holdings), check the DOM (days on the market) for the subdivision I am either buying on, or when I plan on selling, etc. 

    Then, more advanced stuff that those without licenses will have a tough time with: active real estate agents working the area - so i can call them to preview my house - in case they run into potential buyers they know of in their office, Then, I have Listingbook software on my I-phone ( Works with MLS data- by subscription)- that actually knows the number of searches of homes in any given area - so I can blast a promotion of my house to all the agents that have clients looking in the area (not just my subdivision -unless that is what I want), and...for the investor in me: track all the mortgages recorded against the property, so I know how low of an offer I can make - based on the mortgages on the property. Yes, I know sometimes sellers bring money to the table to close- based on condition, liens, etc - but as a general rule- this helps.

    Other than that- a license doesn't do much!

  • Investor · Alpharetta, GA · Member since 2015 · 241 posts · 185 votes
    10y

    @Andy F. You make a good point...but here's my two cents:

    When a seller asks if I have a license - I don't just tell them "yes". I use it toward my advantage - not as a liability. Hers's how:

    Seller: Are you an agent?

    Me: That's a good question!.  I happen to be a real estate investor. In order to better protect everyone in the transaction - I have a real estate license too- so I am held to a higher standard by the state.  Is this an issue - or do you feel more comfortable now?

    Usually- it reduces their fear of a the unknown. In most situations - it will help. Of course- there will always be a few oddball sellers that hate agents and want to deal with unlicensed people. But- as a general rule- I have never had anyone question why I have a license - or stop me from taking their listing - when they want to sell!!!

  • Investor · Decatur, GA · Member since 2015 · 313 posts · 207 votes
    10y

    Security deposits have to be held in an escrow account disclosed to the real estate commission which requires a yearly report and all leases need to disclose your license information. All offers and contracts where you act as the principal also need the disclosure. We have a license but still used outside agents when buying and selling real estate. There is a lot of work involved more than most people think in most real estate deals,

  • Investor · Norcross, GA · Member since 2016 · 87 posts · 20 votes
    10y

    Thanks everybody for the valuable information!

    @Richard Balsam I work in Alpharetta. Maybe we could chat sometime. 

  • Flipper/Rehabber · Dallas, GA · Member since 2016 · 147 posts · 39 votes
    10y

    @Richard Balsam Yeah, a license doesn't do much...not! Thank you for your input. It is very valuable. I've already learned other ways in which I can put a license to good use. I'm going to get one myself, since I'm in this for the long haul. All the best!

  • Investor · Alpharetta, GA · Member since 2015 · 241 posts · 185 votes
    10y

    @Stan Sugarman You are right- escrow deposits must be held by the broker who has the listing... IF there is a listing. When an agent is acting for himself/herself - buying direct from a seller, the only disclosure needed is for the license disclosure - and it can be placed on the purchase documents ( the only requirement is that all parties must easily see there is a licensee in the transaction). The purchase documents are not GREC forms- they can be any forms - just like from any investor.

    The closing attorney holds the escrow deposit. The closing will be in 2-3 weeks - since no traditional bank financing in most cases - just like any other investor purchase.

    My broker knows full well what I am doing. He only wants paperwork on FMLS related transactions - and I do not owe any fees upon closings - if on a non FMLS transaction - just like any private investor purchase or sale.  The only difference is that I place my disclosure twice on the paperwork - that I am a licensed real estate agent with ____ Brokerage in Georgia. No biggie.

  • Rental Property Investor · Auburn, AL · Member since 2015 · 227 posts · 80 votes
    10y

    I've given the matter some thought.  I wouldn't be adverse to getting licensed, since I am sure the education would be worthwhile, but I have a question regarding brokers.  If you have a real estate license, are you required to be "registered" or working with a broker or can you be licensed on your own without belonging to a brokerage?

  • Real Estate Broker · Salt Lake City, UT · Member since 2015 · 145 posts · 150 votes
    10y

    @Andy F.  Thanks for your comments.  Why NOT be an agent?  Nicely discussed.  I got my license 4 years ago and I do see the downside as an agent-investor during prospecting.  

    I have started to do some door knocking, and I see what you are saying!   So I changed my approach from slacks and a tie and "Hi, I'd like to help you sell and buy" to shorts and casual - but nice - button down shirt and "Hi.  I am Steve.  (Insert some sincere rapport-building compliments or questions here - about their yard or dog or whatever.)  I am a real estate investor.  Do you know anyone on this street who is looking to sell?  How about who NEEDS to sell?  How about someone that you wish would sell and move?"  That last one usually gets them to laugh.  (All of those keep the focus away from themselves and helps them relax, AND it lets me talk to people with NO SOLICITING signs, since I am wanting to BUY for myself).   

    Only if they say no to all those do I say "How about you?  Are you looking to buy or sell?"   If everything is negative, then I tell them I am also an agent who also "finds great deals for investors."  And "Are you looking to invest in real estate?"   

    I don't hide my agent status, I just don't lead with it now.  I don't want to generate the immediate barrier you discussed.  YES, hunting for deals is harder as an agent, but it seems to be working for me better now.   

  • Real Estate Broker · Salt Lake City, UT · Member since 2015 · 145 posts · 150 votes
    10y

    Follow up to my last post.  I got my first deal from knocking doors.  I ended up getting the listing as an agent, but only after I exhausted all possibilities of a cash sale to one of my best investors/partners.  There was no chance of seller financing, and the cash investor price was too low for the sellers.  So I was glad to have my license.   I listed the property on Friday morning, and did an open house on Saturday.  We had a total of 7 showings over the weekend, and then got under contract Sunday afternoon for above list price.  If I had not had my license, then I could not have seamlessly moved into "listing mode."

  • Rental Property Investor · WI, GA · Member since 2019 · 13 posts · 1 vote
    1y
    Quote from @Helen Kirk:

    I've given the matter some thought.  I wouldn't be adverse to getting licensed, since I am sure the education would be worthwhile, but I have a question regarding brokers.  If you have a real estate license, are you required to be "registered" or working with a broker or can you be licensed on your own without belonging to a brokerage?


    I'm sure it's been some time since you looked at this, but did someone answer your question? That is my major question. I'm retired and don't want to play the, Let's have a meeting before we have the meeting. Played those games for years. 

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