All Forum Posts by: Don Mack

His course has excellent ground work but pitches a seller financing program or mortgage program that makes you a few hundred bucks if you use his sources.

Not bad material though.

also to add in north carolina you can buy and sale three houses a year before you can even be considered as acting as an agent. to add during a conversation with the commission, they informed me that as long as someone contracts to buy the home, they can legally buy and sale that contract without needing a license.

so it might be better to wholesale than bird dog, but in north carolina you can bird dog three times a year and be in the clear. check with your attorney.

Originally posted by "**********":

The above quoted is North Carolina Code, not CA. I looked it up just for you and you are welcome for the time I put into it.

There are several other statutes, that clearly define an individual providing services related to the sale of real property.

what are the other chapters you mentioned?

Originally posted by "**********":

Absolutly NOT the case! Again:
""or any other person or entity who shall assume to act in such capacity""

now you have to go back to the definition to define what such capacity is.

Originally posted by "**********":

An oath as a realtor or broker is not needed for "any other person" to be held accountable under the statutes, its Law and applies to ANYONE!

accountable to what statutes? if not pertaining to real estate license laws then what? because the code you keep referring to comes from the real estate license law.

Originally posted by "**********":

Just like the Contractors License Law. One does not have to be licensed in order to be held accountable for Law designed for Licensed contractors! The laws apply to anyone acting in that capacity, licensed or not. It's the Un licensed contractor who really gets dinged by the infractions!!! The same applies to the above.

what would cause a non licensed contractor but a law would have to be broken, and someone injuried. You have brought up a good point. thanks. now in the example you brought, the real estate investor is the contractor. in order to get more done he subs out a certain amount of labor to the sub contractor/bird dog.

now the contract in north carolina can handle any job without being licensed up to $30,000. Any amount above that number would require a license. so the sub isn't accountable for what the contractor/investor does.

Originally posted by "**********":

BOTTOM LINE:

Just talk to an experienced Attorney before anyone get's involved in the business! Once your comfortable with the Attorney answers, go for it!

i am going to make this quick, because from your tone you are really trying to help. You might be 100% correct from a california stand point. i haven't really checked into the law since i have no interest there.

I will again try to explain to you what these codes mean. you are right a person should know the codes. Here goes.

Originally posted by "**********":

§ 93A‑6. Disciplinary action by Commission.

the Commission may investigate the actions of any person or entity licensed under this Chapter, or any other person or entity who shall assume to act in such capacity.

when the code says "actions of any person or entity licensed under this chapter."

I understanding the confusion there, but what you have to realize is the two terms person and entity are one in the same. an agent working under a broker isn't an entity, that agent is considered a person.

The entity is the broker or shall i say broker in charge. so when the code says any person or entity licensed they mean both are licensed, because if you take away entity you still have licensed so it would state any person licensed. so they are one in the same. got it. check with an attorney and notice they will say the same thing.

so this code is only pertaining to anyone licensed.

its also funny how you highlighted just person the first time instead of person and entity licensed, but you highlighted both the second time. whats the reason behind that?

Originally posted by "**********":

If the Commission finds probable cause that a licensee has violated any of the provisions of this Chapter, the Commission may hold a hearing on the allegations of misconduct.

again this chapter is above all more proof of what the limitations are of the commission. they can only hear licensee since they took an oath under the commission. a bird dog in most cases never taken this oath, which they are not to be bound to this chapter.

Originally posted by "**********":

In simple terms, any business or action related to or leading to a real estate transaction on any level. The party doing the action or conducting the business will be governed the same as a licensed Realtor, and be held accountable to the same laws, terms and conditions that would govern a broker or realtor.

is this your interpretation or a part of the code? if it is your opinion that i want to see where it says any business or person without the word licensed immediately follow such a list.

Originally posted by "**********":

I don't want to argue with you, and did not think I was doing that. My intent is to be helpful. I want to make it clear that one must know their local laws, and be prepared to make good decisions based upon the laws and regs. It is clear by your complaint to Admin about me, and buy your birddog business, that we won't be on the same page. Leave it alone and move forward please, and I say that from a moderator position directly to you, without the intention of further conflict. I hope I was of some help to the original poster on this subject.

are you suggesting i don't know the local law? anyway if you are it doesn't matter.

to clear things up i never made a complaint about you. i was contacted by administration and i simply explained what i thought was going on. i thought you or john put them on me.

i want you to know, i don't take my problems i am having to someone else. whether legally or personally, i not that type of person, i try to work out my differences directly.

first of all i don't know you and i don't take yours or anyone elses opinion personally on this type of venue.

so are you just giving your opinion or are you stating facts? just wondering because no where in those codes you mentioned, have an affect on a bird dog.

those statues are clearly pointing out the limitation of a licensed person. no where does it mention a non license person collecting a fee. so now i am confused. i need your help to bring me on your page.

i went to law school but i am not a law student, however i did take up a course or two. so i need your help to clear this whole mess up.

since i am wrong, interpret those regs, since you know em.

well the reason why i know instead of think how you stated it is in north carolina, we are in a contract state. if you sign an agreement you have to pay.

there is nothing the real estate commission here can do but try to sue for a few hundred dollars which they won't do because its not worth the hassle because when it comes down to it, the judge has the final say so.

there was a case like what you are talking about where an individual made a referral to the agent and collected a fee from the seller of the property. the bird dog won the case because in north carolina if you sign an agreement you have to honor that agreement.

the judge interpreted the law as the contract was written. so to go back to your bird dog theory, its bogus.

no matter how you flip it, attempt to tangle or wiggle your way out of it, i want to see proof. i brought the definition for a broker in north carolina, bring me all this proof you keep rambling about. show me a statute, act like we are in missouri, its the "show me state" in fact show me the definition of the state you invest in law or defintion pertaining to brokerage.

it all sounds good what you are saying in theory, but in court theory isn't going to get it. imagine you are the DA, now let me have every law, smack me with every fact you can bring, so you can attempt to prove what youre saying.

now is the time to stop all lip service, like friday said "its about the facts ma'am". so me the facts.

until then i demand this case be dismissed on grounds of no evidence.

Originally posted by "joshgd4":

I make the decisions, he does everything else. This saves huge amounts of time.....more time to search, analyze and fund more deals.

Josh

yeah at what cost? he isn't doing it for free. you can usually hire someone cheaper to do those things and get more done. just my opinion.

Originally posted by "**********":

CA Civil Code sections 1695 ( a) through 1695.17 (b) 7 type written pages of legal jargon alone define foreclosure and purchase law.

1695 (a) The legislature finds and declares that homeowners whose residences are in foreclosure have been subjected to fraud, deception, and un fair dealing by home equity purchasers.............................

CC sec. 2945-2945.11 about 12 type written pages talks about "foreclosure consultants" in depth. In laymens terms, these statutes view a "bird dog" as involved with equity purchase.

They are required to hold a valid a CA licensed Real Estate License, and be bonded by a admitted surety insurer, for at least twice the fair market value of the real property that is subject of the contract.

Also see CC sec. 2985 as to how law relates to "creative contracts" and "creative transactions and finance"....

OUCH!

i hear ya, and seriously doubt a bird dog is considered an agent. not likely.

how about making it easy for me to look at all of those pages and provide a link you are telling me about so i can see for myself.

until then i am not buying it. prove your case, i have already broken down the definition for my area. I brought it to you, now bring me yours with your interpretation.

Originally posted by "REI":

GetSmart,

Check the brokerage laws in the specific states you want to do business in.

The parties that are being hurt by the bird dogs are the folks who have a license. They are one of the main sources that turn bird dogs into the state authorities.

John Corey

again you are getting in the way of common law. a bird dog is in no way hurting someone with a license, that has to be one of the sickest excuses i have ever heard, as a desperate attempt to throw someone off.

tell me how a bird dog is hurting a licensee. they aren't listing a property, they aren't negotiating the property, in most cases they aren't even communicating with the seller.

heres the NC Real Estate license law definition.

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 do you need it interpreted as well?

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.

this time read and follow the bold print. this is something we learned how to decipher in grade school all the commas. and do you see the last part of that statement? it says for others. a bird dog isn't making such a promise to the seller, since they may or may not have spoken. if they have spoken then maybe the bird dog is offering to buy the property their self.

the bird dog isn't offering anything to the buyer but a lead most of the time and in rare cases a contract, which is perfectly legal to sell.

do you honestly think the AG will pursue an honest working citizen, helping folks out of foreclosure and not even charging the homeowners a fee or one red cent?

you have got to be kidding, and if you are that scared to be a bird dog, i am sure investing creatively you are completely against. Because bird doggin is the first form of creative investing.

one thing you have to realize a broker is paid by the seller. in that case the bird dog would be representing the seller.

the bird dog is simply telling an investor about a lead. people get paid all the time for leads. what do you call those on line companies that sell leads for $45? How many of them are being attacked by the real estate commission? i can bet you its not worth their time.

common law is still in full force as long as it doesn't violate the current statues.

i can't believe this, honestly.

:beer: :goofy: :beer: