I just got done with my NC Broker course, your friend is trying to protect you.
§ 93A-2. Definitions and exceptions.
(a) A real estate broker within the meaning of this Chapter is any person, partnership,
corporation, limited liability company, association, or other business entity who for a
compensation or valuable consideration or promise thereof lists or offers to list, sells or offers
to sell, buys or offers to buy, auctions or offers to auction (specifically not including a mere
crier of sales), or negotiates the purchase or sale or exchange of real estate, or who leases or
offers to lease, or who sells or offers to sell leases of whatever character, or rents or offers to
rent any real estate or the improvement thereon, for others.
Now I spoke with other investors about the legality of lease options in NC and they swear up and down it is legal.... Call the NC real estate commission and talk to the law dept. They will tell you otherwise, I found this up after being picked up by the NC SBA as a New Generation Venture.
My SBA Mentor asked me to email him exactly what I was doing and to define
Wholesale
Lease option
He then physically went to the Commission and asked them if these activities were legal with out a Broker License. Answers
Wholesaling - Yes, your selling the contract not the property. "Assigns to"
Lease Options - No, for a Real Estate contract in NC to be valid it has to pass a couple of factors. They fail the test due to the factor the lessor usually fails to have some "supported legal consideration- a contract must be supported by some valuble thing that induces a party to enter into a contract and that must be legally sufficient to support a contract".
If they just sign the house over to you like normal, you have no consideration and it fails that test. If you did have consideration did you lodge a lien against the existing deed and notify the bank? Did you tell the bank you now control the property?
I am not a lawyer but I get free legal advise from my SBA team, this is what I have been told by them. I AM NOT A LAWYER.
NCRC Call for guidence
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