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I'm sorry, but we're actually talking about this being considered legal activity in one of the states in the USA???????????????? I almost thought for a minute, Chuckity, you were talking about down here.
I have people all the time 'bird dogging', wanting referral fees and I tell them to hit the door - it's illegal. I find out there's someone wandering the streets illegally selling RE, I turn them in - same with unlicensed brokerages. It just chaps my a## when licensed brokerages have to jump through soooooooooo many hoops (that cost $$), to see these ers out there operating without a license.
Dear God, has this always been this way in your state or a new 'technicality' to allow unlicensed people to be involved in anyway with 3rd party RE transactions (i.e., bird dogs).
It is illegal. With the exception of attorneys & auctioneers, you need to be licensed in Indiana to sell real estate.
BUT ... here's how it was explained to me - the Indiana Real Estate Commission & Attorney General only regulate licensees. And because this (and other I suppose) companies aren't licensed, they can't (won't?) do anything.
I'm obviously confused. Doesn't an advertiser have to have an agreement with the owner of record to advertise the property for sale? If not, what's to prevent anyone other than licensed agents from sticking signs in a yard?
It is illegal. With the exception of attorneys & auctioneers, you need to be licensed in Indiana to sell real estate.
BUT ... here's how it was explained to me - the Indiana Real Estate Commission & Attorney General only regulate licensees. And because this (and other I suppose) companies aren't licensed, they can't (won't?) do anything.
Well then, I guess that's one thing possibly Panama has over some of the states. Here, we do have an organization for licensed brokerages and developers similiar, in some ways, to NAR and then the Junta Tecnica de Bienes Raices (government entity that issues and checks to make sure brokerages/people are licensed and operating according to the law) and they DO care if an individual or company is operating illegally.
As example, there was a major brand name RE brokerage in town operating without a brokerage license. The Junta Tecnica came to town and told them to shut their doors because they didn't have a license. The second they left town, this brokerage put up all of their listings and reopened their doors. Let's just say that after receiving date and time stamped photos showing they had reopened, they were shut down for good. Another individual operating illegally was fined $10,000 because she was turned in by a licensed brokerage who actually had a copy of a check showing where this unlicensed person was paid on a RE transaction.
The real estate commissions shouldn't IMO only regulate licensees but maintain the integrity of the industry - but of course I'm a weird bird so I personally think they should give a crap about unlicensed companies and individuals operating without a license.
Yes, I actually obtained my license in Indiana and then reciprocated into Kentucky before the laws changed. I am currently one of a very limited few Indiana Principal Brokers who live in Kentucky. There are many Kentucky residents who are Indiana Independent Brokers.
I can legally hold licenses for any one living in Kentucky but licensed in Indiana. Yet, Indiana's real estate commission is so impotent right now, they don't enforce that regulation. I'd bet that 90% of the Independent Brokers living in or out of Indiana aren't registered with the Indiana Sec of State.
By posting this, I just effectively shot myself in the foot. Darn, it hurts.
Quote:
Originally Posted by Chuckity
Just got off the phone with the state real estate commission. They can't do anything because he's not licensed - and nor will the attorney general for the same reason.
How ya like them apples?
Now I get why they've been getting away with it ... who the hell is going to stop them?
Interesting.
So is there no real regulation of agency in Indiana?
"Caveat Everyone?"
Interesting.
So is there no real regulation of agency in Indiana?
"Caveat Everyone?"
I guess not.
The real estate commission is saying it's a civil matter. And from what I'm reading from messages from our board/MLS, they agree - since they've said to contact the police.
The real estate commission is saying it's a civil matter. And from what I'm reading from messages from our board/MLS, they agree - since they've said to contact the police.
Oh, I think they also contacted the BBB.
This seems so bizarre to me. The Real Estate Commission is saying they have nothing to do with it, since the offender is not licensed. But isn't the offense that he's practicing real estate without a license to do so? And if they have no authority over non licensed individuals practicing, why would ANYONE get a license?
This seems so bizarre to me. The Real Estate Commission is saying they have nothing to do with it, since the offender is not licensed. But isn't the offense that he's practicing real estate without a license to do so? And if they have no authority over non licensed individuals practicing, why would ANYONE get a license?
What's really scary here, Bill, is what if 'other' states decide they want to roll this way
Here's the message from our board that was posted on our MLS when this happened - btw, I'm not the agent in this message - but I was there right before she got there with her clients.
Quote:
GNIAR has received a documented report that an unauthorized person or persons removed a Listing Office�s For Sale sign and replaced it with an Open House Sign with contact information for another company.
Verification from the IAR Legal Hotline states that only the property�s legal title holder(s) has the authority to offer a property for sale.
When the agent arrived for a scheduled appointment at in Merrillville a man was sitting in a car in the driveway and thought it may be the listing agent or maybe an agent with a showing scheduled before them. The man said he was not a REALTOR� just there to answer questions about the home. The agent noticed an Open House sign that replaced the office�s sign on the ground by the garage. The agent informed him there was an appointment to show the home and the man said he knew nothing about that and his boss had him sitting with the Open House. When asked if there was a lockbox, the man said it was open to go on in. When the agent�s clients arrived they went in, and during the showing they noticed a broken window on the back door. Feeling uncomfortable, they left together. In following up with the listing broker, it was determined the activity was not authorized and the perpetrators are unknown.
Should you find this situation, take these steps:
� Call the listing broker/agent to report the situation. If Open House or other persons are not authorized to be there, have the listing office immediately CALL THE POLICE and enter only at police direction. If they do not call � you call.
� NEVER enter a property if unauthorized persons are present � safety first.
� Take a photo of the sign and any other documentation to provide to the listing broker for a police report.
This incident has been reported to the BBB of Northern Indiana, as should any other potential fraudulent activity relating to the property of your clients after a police report is made in the property's jurisdiction.
What's glaringly missing is a request to call our local board OR notify the real estate commission.
Take some photos of the open house and report them to the state licensing board. They only way to stop it, is to have them get civil fines.
Good advice.
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ers out there operating without a license.
