Should I Make My Agents License and/or CPA license Inactive for Wholesaling?

Question

I obtained my Agents license (broker in colorado) to do fix and flips, but have had some medical/financial setbacks and am not in a position to wait six months or so for the cash flows of fix/flips.

I am beginning to look at wholesaling directly with sellers as the local MLS doesn't have the opportunity that it earlier had, and I don't have a strong desire to do short sales or be a retail broker. I do like access to the mls, being able to see properties' listing histories, doing  comps, seeing interior finishes online, and viewing property without needing a chaperone of sorts.

This probably boils down to what type of transactions I will do. Brokers in Colorado aren't allowed to do owner carries with sellers, or sandwich lease options, to name a couple, and it interferes with direct marketing for wholesales due to the required disclosures that come with being a broker.

As to the CPA license, I havent been in public accounting for some time now, but the 80 hours of continuing education every two years helps me to keep up with tax law and other related financial topics. It also helps in obtaining financing, but may put me at risk in working directly with sellers. Another local broker who holds a CPA license I've spoken with says she needs an additional signed disclosure with each client to show she isn't providing financial services in the capacity of a CPA.

There are many restrictions on agents/brokers and it seems that those who don't have a license have so many more business avenues available and don't have to turn people off by making broker/realtor disclosures when acting for themselves as an investor.

Many people mention being an unlicensed assistant, and I do have a friend with a brokers/agents license who doesn't use it or even have MLS service, but I wouldn't want to put his license at risk, if it would put him at risk through my working directly with sellers.

What is the general "breaking point" for when a person should make their license(s) inactive? If previously sounded like a good thing to have when I had the ability to buy/rehab/sell from a stronger capital position. MLS deals for wholesaling are more rare now and working directly with sellers seems to be more viable now.

Keith Barton · Answer

Each profession has very specific ethical rules that govern members of the profession. In some professions or jurisdictions, simply going inactive may not be enough (I'm not suggesting this is your situation - I don't know.)

My point is that you should read very carefully any/all ethical rules governing your profession(s). I know you are looking for an answer more quickly and more easily than taking the time and effort to read all the ethical rules (I understand, I wouldn't want to read all that stuff either); however, if you are concerned about your certification(s), you owe it to yourself to be secure in your knowledge of the situation - which means seeing for yourself what the rules require/allow.  Good luck with your decision.

Burt L. · Answer

At this point, all I'm looking into is working directly with sellers as a wholesaler. If it is approved by the brokerage, there is the issue of whether being a broker turns off sellers. Some have said it does and some says it doesn't. Maybe its all in the presentation made to sellers.

I would also be frustrated if another professional were attacking without being able to cite substantive authority. Those who become overly emotional are often trying to cover up something. Of course a brokerage only has to say that "its not their policy" to do certain transactions. More experienced brokers may receive  more latitude after establishing a history of revenues, which carries additional weight.

Keith Barton · Answer

Another thing to note - at least in Ohio - the MLS rules have an impact on what brokers will or will not do in their day to day activities. However, brokers - as you mentioned - can be conservative/wimps/scared/[insert your favorite here] when it comes to interpreting the rules.

I tried working with a broker who dropped back and punted to his attorney, who said "that's illegal!" I asked the attorney for controlling authority - ANY controlling authority to support his position. The attorney, instead of thinking about the issue, started yelling at me and berating me. I kept on him about controlling authority to support his position. I supplied him with PLENTY of my research and analysis on why the proposal was OK (both state law, and the MLS rules.) He had NO response: he couldn't, because he was plain wrong. He just went with what he "felt" was right and then couldn't/wouldn't back down. I contacted the Ohio division of real estate (or whatever they call themselves - I forget now) and I also called the regional MLS. The Ohio bureau said they couldn't see anything wrong with my proposal. The MLS said they couldn't talk to me (or let me talk with their counsel) since I was not a member of the MLS. However, their rules clearly allowed what I proposed. I could go on and on....

I mention this simply to highlight that there are ethical rules at the state level, and there are rules with which you must comply to use the MLS. Brokers worry about both ethical rules and the MLS rules.

Bill Gulley · Answer

I moved to the lake and was not about to use my broker license down there. Disclosures were never a problem, but if you are going to do odd strategy stuff, unusual investor stuff instead of straing sales or rentals you might consider dropping it, really depends on what you want to do. With the license you will be held to a higher standard in all of your dealings, not suggesting you not ethically, but if you show up in court over some wierd deal, you might be the bad guy.

Cont. Ed. is another issue, the time spent in some class was never a happy day for me.....

I didn't keep mine because I had no reason to keep it active, so it died a natural death.....

Burt L. · Answer

I appreciate your replies. I hadn't spent time with the specific Real Estate Commission Positions as it's the brokerages' interpretation of the Positions thats takes precedence for a broker. I may be getting caught in the "You can't do that" mentality that seems to hang over the real estate downturn in general.

My specific problem is whether I can do wholesale contracts with sellers directly, in addition to not being able to do Sub-2's, sandwich lease options, and being instructed to avoid mortgage wraps. I only know that its alright to wholesale Hud's and MLS properties, which is getting thin.

It was helpful to learn here that direct mailings don't require disclosures, but that contracts do. This is consistent with the Commission position on disclosures. One  poster who was making disclosures required in his state - said that his response rate dropped quite a bit after making disclosures in his mailings, though.

Its also good to learn that even making a license inactive may not be enough to be able to do deals that brokers can't do. Its more important to determine what type of transactions I am going to do, and whether they are within the guidelines.

There seems to be alot of fear and misinformation, which may help keep some brokers strictly on the retail side while avoiding real estate investing.  I"m somewhat "feeling my way in the dark" in a field I don't have the benefit of experience in.

Thanks for the inputs.

Bill Gulley · Answer

Realtor and Broker requirements are pretty uniform across the country and I never had a problem acting in my own interest as any other sitizen would with the exception of properly disclosing your position. So exactly what is the problem with your abilty to contract, I bet you have been mislead but maybe it's the office broker who has set standards.....might be wrong, but can you be more specific?

Monica Breckenridge · Answer

My husband has been a realtor in CO and we are investors as well.  All of our marketing states we buy houses.  We dont need to do any disclosures in our marketing, only in our contracts.  We dont have any problems and we see having the license as a benefit.

Should I Make My Agents License and/or CPA license Inactive for Wholesaling?

Most Popular Reply