Question about Advertising property under contract?

[Matthew J. T.]

I just spoke with my real estate attorney, she said the contract is fine that I currently have, however she said that it would probably be necessary to change this that I have in the contract. How do you go about advertising a property under contract, through craigslist, or through flat fee if the property doesn't actually belong to anyone just yet?

She said if I advertise a property I have under contract, I am acting as a broker, and Associate of Brokers might come after me, that you have to be licenced in order to do so, so she said there might be risk involved in advertising? What are your thoughts on this? How do you go about advertising a property if you aren't licenced to do so? I already have a few on my buyers list btw.

Btw she is making some tweaks for some clauses and stuff which is good, glad I could talk to an attorney first.

[J Scott]

Originally posted by Matt James:

Ok J.Scott so I have thought over this, and let me explain why you are wrong, and how a wholesaler is not acting as a broker.

Matt -

I'm not sure why you are arguing with me about this...I've agreed with you this entire thread about having the right to market a property you have under contract.

I disagreed with the fact that there is a major difference (from a legal standpoint) between selling a property with legal title and selling a property with equitable title -- something you asserted without support in a post above.

If you disagree with that statement, can you support it? (I'd provide support, but it's impossible to prove a negative :)

Btw, you seem to like to form your legal opinion based on what people in these forums have written. I would certainly recommend not listening to any legal opinions that you get from non-attorneys (and especially don't listen to me) without verifying with your own counsel...