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BizIPEsq., Attorney
Category: Business Law
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Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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An attorney subcontracts processing services from a real estate

Resolved Question:

An attorney subcontracts processing services from a real estate broker, such as loan modifications and short sale negotiations. The real estate broker, besides his regular brokerage LLC, has a DBA of that LLC, under which he does such processing. Can attorney pay broker to the DBA name, rather than to his personal name?
Submitted: 1 year ago.
Category: Business Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

for all intents and purposes a DBA is the same as the business name, so whether you pay the LLC or the DBA the payment is considered to be going to the same entity

BizIPEsq. :

However, if the attorney is representing anyone other than the broker itself in the transaction, pursuant to Rule 4-5.4(a) an attorney is prohibited from sharing fees with a non-lawyer, therefore the broker cannot be hiring the attorney to provide services for someone else. The represented party need to pay the attorney directly.

BizIPEsq. :

In conclusion, the attorney can provided services to the broker if the attorney represents the broker however if the attorney represents another party then that party must contract the attorney independent of the broker

BizIPEsq. :

Thank you for allowing me to assist you

Customer:

The client is formally hiring the attorney and the attorney subcontracts the broker for processing. Is this possible? if so, what is the best way for the attorney to pay the processing services?

BizIPEsq. :

an attorney can hire service providers (broker being one of them) provided the broker is providing services to the attorney and not to anyone else. Attorney would issue payment to the broker's entity if one exists or to the broker personally.

BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience: I am a business attorney. I represent individuals and companies with all business related matters.
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