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  #1  
Old 04-16-2001, 05:38 PM
jebsilver
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Question

If I market a property online for someone else (I am not the owner), are there any legal issues with charging a "marketing fee" if I successfully sell that property? I think there are issues with charging a commission, but can you think of any problems I might encounter with just a flat fee for this service?
  #2  
Old 04-16-2001, 08:16 PM
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You would be faced with the same issues as if you charged a commission. And there would be either a hint or direct violation of respective real estate licensing laws.
  #3  
Old 04-16-2001, 10:38 PM
jebsilver
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Do I need to be licensed simply to list properties on my web site?

Currently I am charging a listing fee in advance for that service, much the same way a newspaper would charge for a classified ad.

I'd like to charge that listing fee (aka: 'marketing fee', 'finders fee') after the fact, and only if the owner finds a buyer via my site. I am not involved in the sale of that property, I just run the advertisement medium.

Would I still run into the same problems you described?

Thanks!
  #4  
Old 04-16-2001, 11:07 PM
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If you just run a listing service type website and are not involved in showing the property, negotiating a sales prices, handling any contracts or transactional paperwork etc. you would not need a real estate license.

In your initial post you stated "marketing fee and if I successfully sell that property" which I presumed your engagement in sales and marketing activity in which a real estate license is required.
  #5  
Old 04-16-2001, 11:25 PM
jebsilver
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Given the situation of taking this 'fee' only if a property is sold via my site, is it legal (without a license) to base that fee on the final price offered for the property in question (like a commission)? Is there a line between charging a commission and charging a flat fee for the service I am providing on my web site?
  #6  
Old 04-17-2001, 12:16 AM
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Take a flat fee for listing the property period.
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