Unliscenced Bird Dogging Illegal In GA?!!?
I got this straight from the GA REC...
(2) "Broker" means any person who, for another, and who, for a fee, commission, or any other valuable
consideration or with the intent or expectation of receiving the same from another:
** (A) Negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange,
renting, lease, or option for any real estate or of the improvements thereon;
** (B) Holds himself or herself out as a referral agent for the purpose of securing prospects for the listing, sale,
purchase, exchange, renting, lease, or option for any real estate;
(C) Collects rents, assessments, or other trust funds or attempts to collect rents, assessments, or other trust funds;
(D) Is employed by or on behalf of the owner or owners of lots, time-share intervals, or other parcels of real estate
at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots
or parcels or intervals or other disposition thereof;
(E) Engages in the business of charging an advance fee or contracting for collecting of a fee, other than an
advertising fee, in connection with any contract whereby he or she undertakes primarily to promote the sale of real
estate either through its listing in a publication issued primarily for such purpose, or for referral of information
concerning such real estate to brokers, or both;
(F) Auctions or offers or attempts or agrees to auction real estate;
(G) Buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate;
(H) Performs property management services or community association management services;
** (I) Provides or attempts to provide to any party to a real estate transaction consulting services designed to assist
the party in the negotiations or procurement of prospects for the listing, sale, purchase, exchange, renting, lease,
or option for any real estate or the improvements thereon; or
** (J) Advertises or holds himself or herself out as engaged in any of the foregoing.
I was hoping someone could enlighten me... 'cause this doesn't look good to me. 
Dementaia_13,
Glad to meet you.
I find that normally your question is asked by someone licensed as a real estate agent or was mis-informed by an agent. However in your case I am sure you are just curious.
The local Real Estate Boards impose regulation relevant to the distribution or aid in distribution of a homestead with the intent to protect the consumer (and in some rare cases monopolize the marketplace).
Whether or not this legislation is put into place in a criminal or a civil context, it does appear fairly evident that the enforcement of this legislation would be limited to that of:
a) When a consumer is being blind-sided (ie: you are acting on his or her behalf without proper licensing and steering him/her wrong)
b) You are continuously taking a "fee" for selling real estate.
If you are working with an investor, and you are paid by the investor, who has experience in real estate transactions, and you are not party to that transaction (ie: a consultant) you should, (this is not to be construed as legal advice) be ok, for the following reasons:
1) You are taking a fee for selling information, not real estate (nobody can prevent you from charging $5.00 to tell him or her were the nearest gas station is, or where the nearest "deal" is)
2) Even if legislation was in place to protect the consumer, you have conducted no harm to the consumer....so in a semi-perfect world, you can indeed pay for a lead on a house!
I think it is important to know, most investors are opposed to the local Real Estate Boards attempting to corner the market on Buying/Selling properties, I am certainly of the opinion that the local Boards would like to see no investors/creative RE at all so that they can continue to take a small chunk out of every property sold and have the properties sold according to their "rules & regulations".
There is also such a thing as a simple Partnership Agreement, thereby making you and the investor principals in the transaction. The Bird Dog is bought out of the Partnership by the investor, thereby violating no State Statute.
John $Cash$ Locke
Seems aweful broad doesn't it. Apparently if I recommend to a friend that he should sell his house FSBO and put an add in the newspaper I'm now his broker? Heck, that definition makes everyone here a broker in GA!
If you're not fleecing people out of their money then you shouldn't have anything to worry about.
Thanks a lot for your reply john. I was curious because I am just starting out in REI and was considering bird dogging. These regulations were brought to my attention by a local RE agent who runs her own whole saling business. Looks like she's trying to scare away the competition.
It's funny you should mention a RE agent told you that because I'm taking real estate law at Kennesaw State and, according to my professor who happens to be a lawayer said today RE agent can not sell real estate. Only brokers can. RE agents works for brokers.
Dementia_13,
"An agent who runs her own wholesaling business."
Case closed, go get um Bird Dog.
John $Cash$ Locke
Hi Abrown, welcome to the boards. Are you at the Kennesaw State in Atlanta? I'm doing REI here in East Cobb/Marietta/Atlanta and I like to meet all the GA folks on the board.
SavvyYoungster
You know, Atlanta has one of the largest REI clubs in the country. I believe that they meet somewhere around Marietta once a month. Attend one of these meeting and chat with the people there. I think that it will help ease your mind.