Hello, I have an "advertisement" company. We are mainly focused on "posting" ads for a number of "rental" property owners. We simply gather info, take pictures, make videos and post them on several different web sites. I am in Washington state. What can or can't I do for these property owners without violating the real estate laws here ?? I want to advertise for them. Most of the commercial property owners are not represented by a broker or agent because , in their words (brokers) it's worth my time ? I can put together these ads and run them for a fee can't I..I make it clear, that, I do not advise, represent, negotiate or contract either the tenant or owner in any way..Please foreward your thoughts..thank you
Thank you for your post.You are really skirting the line here, as you are actively posting advertisements that solely deal with real estate. What you can do is take pictures, help write up the description, and post them online. What you cannot do is get paid if the unit sells because of your advert--that is too close to being a broker, and what you must do is charge up-front for actually putting up the ads, and not for the end result of your labor. In other words, the more passive your assistance appears, the less likely a broker association may feel that you are infringing upon their domain.Hope that helps.Dimitry Alexander Kaplun40243.4106152431
O.K. can't "service fees" for advertisement be based on results..? regaurdless of what it advertises ? I would argue this..Is that brokering ? so, I can't offer this idea ..?? An agreement with a rental property owner to run ads for them until they get a tenant in !! Again, I always state that, I am not a broker. I do not represent them. i do not negotiate any terms. I strictly advertise for them. ....you are saying I can't base my fees on results ?? What about running ads for apartment complex's. When they get vacancies , they notify me and I run the ads for them..they get filled. I charge them $100..I want to continue to assist these people. I want to continue to offer assistance to these rental property owners. Iwant to know the acurate definition of the law that states "I can't base my advertising fees" on results...
As I stated in my first answer, you are running a very border-line business. The more it begins to appear that you are profiting from the sale or rental of the property, the more you act in the guise of the broker, and the more likely you are in being sued by the licensing board in your State for acting as a Broker without a license. Should you be sued, the board will be able to issue an injunction against you, fine and penalize you, and possibly demand all of your fees that you incurred from your service, not to mention possible criminal charges.On the other hand, if you provide straight advertising that is based on actual work and not the end-result, your participation is minimal and akin to a yellow-pages ad, making a claim that you are acting as a broker hard to sustain.You can state whatever you wish, both to clients and to third parties--if you act as a broker you run the risk of being sued. Simple as that.Hope that helps.Dimitry Alexander Kaplun40243.4414221065
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