{"id":6187,"date":"2017-09-11T20:12:30","date_gmt":"2017-09-11T20:12:30","guid":{"rendered":"https:\/\/amazingproperty.com.ng\/blog\/practicing-out-of-state-without-a-license\/"},"modified":"2017-09-11T20:12:30","modified_gmt":"2017-09-11T20:12:30","slug":"practicing-out-of-state-without-a-license","status":"publish","type":"post","link":"https:\/\/amazingproperty.com.ng\/blog\/practicing-out-of-state-without-a-license\/","title":{"rendered":"Practicing Out Of State Without A License"},"content":{"rendered":"

\n<\/p>\n

\n

Last week, this question was posed to California Real Estate<\/a> Commissioner, Wayne Bell: “Is it a California licensing violation for a California real estate licensee to transact out of state sales in violation of the out of state licensing law?”
\n <\/p>\n

The occasion for Mr. Bell to be taking this and other questions was a webinar, Legal Live Webinar: Conversation with California Bureau of Real Estate Commissioner Wayne Bell,<\/i> conducted on Tuesday, Sept. 5, by the California Association of REALTORS<\/a>\u00ae<\/sup>. Attendance was open to any members, but the maximum capacity was 1,000. Questions were submitted in advance, but some, also, were taken from the participating audience. Commissioner Bell was joined by Sandri, Chief Deputy Commissioner and Lerner, Chief Counsel.
\n \n<\/p>\n

The answer to the question at hand was interesting and, perhaps to some, surprising. Before addressing the question directly, though, the commissioner made two points: (1) he suspected that most California licensees would not like it if persons from other states, without a California license, came into this state (either physically or via the internet) and transacted real estate business<\/a> here; (2) California Commissioner Bell is in on-going contact with the real estate commissioners of neighboring states (Arizona, Nevada, Oregon, Washington) about matters such as this. Indeed, in his preliminary response to the question, Commissioner Bell noted that such a case was currently being investigated by the California Bureau of Real Estate.
\n \n<\/p>\n

Turning specifically to the question, Commissioner Bell noted two provisions of the California Business and Professions Code (B&P) that are specifically addressed to real estate practices. They are practically identical. First, there is B&P 10176. This section deals with fraud and misrepresentation. B&P 10176 spells out a variety of situations where it applies (e.g. using false promises to influence, persuade, or induce; comingling of funds<\/a>; making substantial misrepresentations). It also includes Section (i) “Any other conduct, whether of the same or a different character than specified in this section, which constitutes fraud or dishonest dealing.”
\n \n<\/p>\n

Similarly, B&P Section 10177 provides that a license may be suspended, revoked, or denied to a person who has knowingly allowed “\u2026 distribution, or circulation of a material false statemen or representation concerning his or her designation or certification of special education, credential, trade organization membership, or business\u2026” And section (j) of B&P 10177 says this applies to anyone who has “Engaged in any other conduct, whether of the same or a different character than specified in this section, that constitutes fraud or dishonest dealing.”
\n \n<\/p>\n

As Commissioner Bell articulated it, the position of the California Bureau of Real Estate seems to be this: It is fraudulent to enter into another state without a license from that state and to operate unlawfully in that state.<\/i> If a California licensee were to do so, he or she could be subject to punishment under B&P 10176(i) and\/or B&P 10177(j).
\n \n<\/p>\n

Commissioner Bell acknowledged that the matter was not entirely clear and that it merited further investigation. Nonetheless, a word to the wise would be: Don’t Do It!\n\t\t<\/p>\n<\/div>\n

Realtytimes <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Last week, this question was posed to California Real Estate Commissioner, Wayne Bell: “Is it a … Practicing Out Of State Without A License<\/span>Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":6188,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_seo_schema_type":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[4],"tags":[695,132,818,84,123,135,219],"class_list":["post-6187","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-opportunities-in-new-markets","tag-agent","tag-commission","tag-real","tag-real-estate","tag-real-estate-business","tag-real-estate-commission","tag-realty"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/09\/9fcb1bb024e270c826625746a5eda9ac_S.jpg?fit=424%2C291&ssl=1","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":2598,"url":"https:\/\/amazingproperty.com.ng\/blog\/real-estate-commissioner-issues-warning-to-agents-and-brokers\/","url_meta":{"origin":6187,"position":0},"title":"Real Estate Commissioner Issues Warning To Agents and Brokers","author":"Amazing Property","date":"March 27, 2017","format":false,"excerpt":"Although many California real estate agents and brokers may not know it, this month (March, 2017) Real Estate Commissioner, Wayne Bell, issued a \"Licensee Alert\" in the form of a Supplemental Disciplinary Advisory to an advisory that was issued in September of 2015. That advisory was titled Disciplinary Warning to\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":6479,"url":"https:\/\/amazingproperty.com.ng\/blog\/california-bureau-of-real-estate-opens-its-books\/","url_meta":{"origin":6187,"position":1},"title":"California Bureau Of Real Estate Opens It's Books","author":"Amazing Property","date":"October 2, 2017","format":false,"excerpt":"The California Real Estate Commissioner, Wayne Bell, believes in transparency and he practices it. To that end, the recently-released Fall issue of the Bureau's Real Estate Bulletin contains a thorough and readable report of its activities for the FY (fiscal year) 2016-2017 which was July 1, 2016 -- June 30,\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"F2b179183adaec30d19a76a6610afed3 S.jpg","src":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/10\/f2b179183adaec30d19a76a6610afed3_S.jpg?fit=424%2C291&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":5464,"url":"https:\/\/amazingproperty.com.ng\/blog\/real-estate-recovery-account-is-useful-though-limited\/","url_meta":{"origin":6187,"position":2},"title":"Real Estate Recovery Account Is Useful, Though Limited","author":"Amazing Property","date":"July 24, 2017","format":false,"excerpt":"Many people have learned that it is one thing to go to court and obtain a judgement against someone; to collect is quite another matter. The legislature and the Bureau of Real Estate (BRE) know this too, and that is why the Recovery Account, often referred to as the \"recovery\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/07\/2d139f2fb975afed4d8b5de499a56685_M.jpg?fit=300%2C267&ssl=1&resize=350%2C200","width":350,"height":200},"classes":[]},{"id":7601,"url":"https:\/\/amazingproperty.com.ng\/blog\/lagos-plans-to-reduce-fraud-in-real-estate-sector\/","url_meta":{"origin":6187,"position":3},"title":"Lagos plans to reduce fraud in real estate sector","author":"Amazing Property","date":"December 25, 2017","format":false,"excerpt":"Faced with concerns on the activities of land grabbers, Lagos State government has pledged to bring to the barest minimum illegal and fraudulent activities in the real estate sector. Lagos Commissioner for Housing, Prince Gbolahan Lawal, who disclosed this at the second Real Estate Stakeholders\u2019 Forum in Ikeja, said the\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"Prince Gbolahan Lawal.jpg","src":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/12\/Prince-Gbolahan-Lawal.jpg?fit=640%2C361&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/12\/Prince-Gbolahan-Lawal.jpg?fit=640%2C361&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/amazingproperty.com.ng\/blog\/wp-content\/uploads\/2017\/12\/Prince-Gbolahan-Lawal.jpg?fit=640%2C361&ssl=1&resize=525%2C300 1.5x"},"classes":[]},{"id":4570,"url":"https:\/\/amazingproperty.com.ng\/blog\/associate-broker-a-term-searching-for-a-definition\/","url_meta":{"origin":6187,"position":4},"title":"'Associate Broker': A Term Searching For A Definition","author":"Amazing Property","date":"May 15, 2017","format":false,"excerpt":"I suspect that most California consumers know that, as in many other states, there is a difference between real estate agents who are licensed as brokers and those who are licensed as salespersons. 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This applies to firms that operate a \"broker-controlled escrow\" that engaged in five or more transactions or whose escrow activities exceeded\u2026","rel":"","context":"In "Opportunities In New Markets"","block_context":{"text":"Opportunities In New Markets","link":"https:\/\/amazingproperty.com.ng\/blog\/category\/opportunities-in-new-markets\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/posts\/6187","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/comments?post=6187"}],"version-history":[{"count":0,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/posts\/6187\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/media\/6188"}],"wp:attachment":[{"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/media?parent=6187"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/categories?post=6187"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/amazingproperty.com.ng\/blog\/wp-json\/wp\/v2\/tags?post=6187"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}