Legal Question in Real Estate Law in California

can an attorney sell real estate in ca. if they are not licensed realtors.


Asked on 8/23/09, 5:59 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Actually, anyone over the age of 21 and of sound mind can sell real estate. However, it is necessary to have a California license and meet certain other requirements to participate in the sale of someone else's real estate, or to receive a commission from the sale of someone else's real property. There are a few limited exceptions to the licensing requirement; for example, one can receive a commission for acting as a finder so long as the finder does not participate in negotiating the deal terms. Finally, yes, an attorney can perform many of the functions of a licensed real estate salesperson when acting within the scope of the legal representation of a bona fide client. Please note that a "Realtor" is a real estate salesperson or broker who is a member of a particular trade organization. Not all licensed real-estate salespeople are Realtors, and the term should be capitalized.

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Answered on 8/23/09, 6:42 pm
Terry A. Nelson Nelson & Lawless

Attorneys can represent existing clients in buying or selling without a RE license.

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Answered on 8/24/09, 7:47 pm


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