Dallas-Fort Worth Real Estate Investor Club

To Be Licensed or Not To Be....That Is My Question

  • 13 Mar 2017 2:20 PM
    Message # 4664333

    Hey guys, so as a wholesaler would it be detrimental for me to get a real estate license?  I certainly know of avenues in which it could help, but I have had multiple investors say that if I get my license, TREC will limit my abilities as an investor.  Can anyone clarify this for me?  And if it does create restrictions, what are they?  All input welcome.

    Thanks Guys!


    Joey Harper

    817-935-8515

    GlobeAndCompassREI@yahoo.com

  • 13 Mar 2017 5:30 PM
    Reply # 4664726 on 4664333
    Robin Carriger (Administrator)
    I'm not a Real Estate Agent.  I never have been, but my opinion is that your Wholesaling career will not be enhanced by becoming a licensed Real Estate Agent with TREC.  You only need to be licensed if you want to represent other people (i. e. buyers and sellers) in Real Estate transactions.  If you will only represent yourself in Real Estate transactions, which is what Wholesalers do, you have no need to be licensed.

    Although I don't hold a TREC license, it's my perception that TREC is not a big fan of Wholesaling in general and may indeed limit you.  For example, as a TREC licensed Real Estate Agent, you would be limited to using forms promulgated by TREC and will not be able to add the creative clauses to those forms you might like to in order to make certain challenging deals happen.  As you mentioned, Joey, there are varying opinions on this, but, without going into the weeds, I think these are the major points.

  • 14 Mar 2017 8:06 PM
    Reply # 4667059 on 4664333
    Deleted user

    Joey,

    What's your long term goals?  I have easily paid for my annual Realtor dues with the savings on listing properties both for sale and rent.  I feel it is a beneficial tool for an investor.  It allows me to run my own comps and not rely on someone else for them.  I'm sure as a wholesaler you are going to run into a situation where the seller just won't budge on price so you offer you Realtor services and get the listing instead.  Something is better than nothing.  Just make sure you go with a small brokerage without hefty fees. 

  • 15 Mar 2017 8:38 AM
    Reply # 4668261 on 4664333

    This is an interesting discussion.  I have a realtor license because I like to run my own comps, list properties in MLS, and write my own contracts to keep the commissions.  It seems that would be beneficial to a wholesaler.  

    I did not think having to use the TREC contracts would be a limitation.  I thought it would be a benefit.  ZipForm and DigitalInk make contracts all electronic and easy. What issues would a wholesaler face with the TREC forms?

    Thanks,
      Neil Agggarwal
      NSA Partners, Ltd.

    Last modified: 15 Mar 2017 1:36 PM | Neil Aggarwal
  • 06 May 2017 10:09 AM
    Reply # 4818064 on 4664333

    I have been a real estate agent for over 25 years and I agree with Neil Aggarwal.  You do, however, have to disclose to buyers you are an agent.  For example when I buy a house from an individual, I put in the special provision "The seller is aware that the buyer is a licensed real estate agent".  By being an agent, I can run my own comps, list my own properties on the MLS,  have experience in writing contracts,  have access to all the contracts and the addendums, I know mortgage companies, title companies etc. You do have to be more careful when you are an agent and not violate any TREC rules, but I don't see where being an agent is a disadvantage.

     

      

  • 07 May 2017 10:14 AM
    Reply # 4819062 on 4664333

    I'm a licensed Broker and find it helpful to my RE investing. It is creates a liability that unlicensed investors don't have. Licensed buyers are held to a higher degree of accountability as they are considered a professional with special education and knowledge in the eye of the public and the courts. Additionally, any agent with access to the MLS is also a member of the local Realtor board through which they obtain access to the MLS, a member of TAR and NAR. As a member of NAR you are also bound by its Code of Ethics.

    TREC also requires that licensed agents provide EVERY seller a CMA when they list their property or the agent buys a property for themselves. (TREC 535.16c). Buying a property under market from a seller who the agent did not make aware of the real market value is not permissible. There are hundreds of TREC actions taken against agents and their brokers for this. Once a seller learns that the property was worth more after the completion of the sale or before it closes and a properly done CMA or BPO was not furnished to them they have years to file a complaint with TREC. an unlicensed buyer doesn't have this responsibility or liability.

    There are other pitfalls licensed agents must be aware of, for example.

    A licensed agent, Bob, has a SFR investment property that he owns and leases under a separate entity such as Bob's Rental Homes. Bob also works for Big Top Realty as an agent. Bob's tenant of many years now wants to buy a house and wants Bob to help him find a property with Bob as his Buyer's Agent and Bob agrees. Bob and his tenant execute a buyers rep. agreement. After a couple of days of showing properties Bob shows his tenant a property that the tenant makes an offer on and the offer is accepted with a 60 day out closing. While the property is in escrow the tenant does not make 2 rent payments on the property he is leasing from Bob and still lives in. Because of Bob's fiduciary responsibility to his tenant as his agent if he files suit to evict and/or collect the past due rent he WILL face disciplinary action from TREC. His fiduciary responsibility to his tenant is to put the client's interest above his own, even when it is a separate entity he has an interest in that is the landlord. 

    This is a real case example of disciplinary action taken by TREC. IIRC, the discipline included hefty fines and license suspension/revocation. There are additional cases where the agent has a remodeling business where he made some repairs to a property his client purchased and the client did not pay for the agreed repairs under a separate contract. these cases ended in the same manner with the agent being disciplined by TREC. Not only does the agent receive disciplinary action so does his broker!

    Hope this helps.


    Howard

  • 09 May 2017 11:06 AM
    Reply # 4822199 on 4664333

    Also consider the tax implications. It is my understanding that dependent on how much investing business you do (time and money) if you are not already considered by the IRS to be Professional getting your license would make you a professional. From what I have seen that could change your tax rate on income from your personal tax rate to Professional rate of 25%. This would also depend on your type of business entity.

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