Legal Question in Real Estate Law in California

Do I need a special license to let people sell property on my website?

I am based in California and I am building a website that allows people to advertise their houses and land for sale. I will be charging a fee for the listings. The site will also allow apartment owners to list their available units for a fee. Lastly, I want to allow real estate agents to find houses to sell for a percentage of the sale.

My question is: Do I need to have any kind of real estate or real estate brokering license or any special licenses in general to open this type of website with the company based in California to service the whole US?

If I do, do I need any special licenses to base this company in Nevada?

Thank you so much for your time in answering my question.


Asked on 10/17/05, 11:01 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Do I need a special license to let people sell property on my website?

You do not need a license to sell advertising space regarding the sale of real property, just like the local newspaper does not need a license to sell advertising spact to home sellers or real estate agents.

If you want a percentage of a sale paid to you by a real estate agent, you will need to be licensed as a real estate agent in some state. A real estate licensee is not allowed to pay a percentage of his commission to a non-licensed person. The location of your business is not relevant.

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Answered on 10/18/05, 11:56 am


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