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Old 1st March 2014, 09:54 PM   #1

Join Date: Mar 2014
Posts: 1
Post Interesting Question On The Legalities Of My Potential Real Estate Business

I plan on creating a real estate business for myself and a few good friends of mine who are also real estate agents. Here is the legal issue though, I want to advertise on our website displaying some of the houses that we have sold or even houses clients have bought. If i were to get a lawyer to write up documents on behalf of us granting permission of the home owners(those that comply) to use pictures (which we will take ourselves) of the home, the price that it was sold for, general real estate info on the houses and perhaps a silent agreement from the clients. Would it be legal for us to advertise this in the 'SOLD' section of our website, and would it lead to any legal complications with our previous employers? Technically it was our hard work that was put into selling or assisting buyers find new homes. So illegal or not illegal?

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Old 4th March 2014, 12:14 PM   #2
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You're asking about whether it's "illegal," but I think the real "underneath question" is actually "will we get sued?" Illegality relates to criminal law. But as you probably already know, just because something is legal, that doesn't mean you won't get sued. People end up in civil court all the time over things that are not, technically, "illegal."

So what you really need to do is consult with a lawyer. They can tell you not only whether what you want to do is "legal" (I think, assuming you don't misrepresent your involvement in the sale process, it probably is... especially if in your area -- like where I live --the terms of sale of real property is a matter of public record), but they can also help you estimate the likelihood of facing a civil suit, what your chances would be of coming out on top, and what specific steps you can take to reduce the chances of being sued and increase the chances of winning in case you are sued.

If you're at all concerned about the legal risk of doing (or not doing) anything, it pays to consult a lawyer, rather than trying to figure it all out yourself. Assessing and mitigating those kinds of risks is a large part of what they do. It's kind of like going through a realtor versus trying to "sell by owner."


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