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In california if you buy or start a vacation rental business…

Customer Question
In california if you...

In california if you buy or start a vacation rental business do you have to have a real estate License?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

I may be starting a vacation rental business and I was told by people you needed a Real Estate Brokers license? I cannot seem to find out if this true.

Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 10 minutes by:
2/29/2016
Lawyer: Lucy, Esq., Attorney replied 2 years ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32,264
Experience: Attorney
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Hi,

I'm Lucy, and I'd be happy to answer your questions today.

California law requires that a person have a real estate license in order to "engage in the business of, act in the capacity of, advertise as, or assume to act as a real estate broker or a real estate salesperson within this state." Cal. B. & Prof. Code, Section 10130. A person is considered to be a real estate broker if he or she "Leases or rents or offers to lease or rent, or places for rent, or solicits listings of places for rent, or solicits for prospective tenants, or negotiates the sale, purchase or exchanges of leases on real property, or on a business opportunity, or collects rents from real property, or improvements thereon, or from business opportunities." Section 10131(b).

If you're primarily in the business of renting out other people's homes to those who are on vacation, you would either need a broker's license or to be working as an assistant to someone who had one. That doesn't apply to someone like a manager of an apartment building or a person renting out their own single family residence. But if people were hiring you to find tenants for their vacation homes, you need a license.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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