Selling homes without a license is a third degree felony

[Jo Anne Hall]

If selling homes with out a license is a third degree felony, how are bird doggers and hold contracts with option to assign and wholesalers posting all of these properties on facebook and craigslist having no ownership or clear title to the property?  Why would an owner allow an unlicensed person to market and sell their property thinking that they would be able to bring more buyers than a licensed agent and when do they feel that their interests and liability have been protected in this transaction?

[Jay Hinrichs]

@Wayne Brooks  Oregon is really starting to enforce these laws that have been on the books for ever.

basically they are now aware of all the guru and training U tubes out there on how to wholesale.

I had a chat with an enforcement officer this week..

I wanted clarity on this .. can your or can't you

the answer

1. you cannot in any manner advertise a property you don't own.. that means e mail  craigslist your secret e mail list etc etc.

2.  The equitable interest theory in the state of Oregons mind is just that a theory and they don't by it ..

3. we always thought well then go into title for half a day then go out.. State of Oregon says NO that's just a scheme to sell real estate you don't own without a license its actually empirical proof that is what you have done.. the presumption is you had to advertise it to find this buyer..

She went on to say that they are on it.. but its complaint driven.. so they get a complaint they will follow up and if its shown that someone is just trying to market a property they don't own regardless of the excuse I am just assigning a contract or what have you they will get popped.. first offense is cease and desist letter and small fine.. big player that gets caught that will get more serious and moves into a felony type thing.. but that's someone who just says screw it I am doing it anyway after already being caught.

so basically in our little state you have to close on the house take title own or have an ownership interest clearly denoted in the vesting entity then you can sell your own property without being licensed so you must get on title FIRST before you market anything short of that is not legal.

Its pretty much that way in all states if you read the statute's  just really depends on who wants to enforce.. to my knowledge  Ohio  FLA  CA  OR  NV are the most strict but there could be others.