Does selling an "option" on a home require a Securities license from the SEC?

By
Real Estate Agent with Progressive Realty (Boise Idaho) www.Progressive-Realty.info DB-17066

There are many investors (Realtors and clients alike) that are currently buying "options" on a short sale, then negotiating with the lenders while simultaneously trying to resell the home at a higher price.  If successful on both fronts, the investor closes the property and simultaniously closes the home with the next buyer as well.

My understanding is that since the investor is not the full deeded owner of the home, they are selling a future interest in it and therefore it is an option that is being sold.  The securities and exchange commission is the one that regulates this and not the real estate commission.

When I bring this topic up, I usually get a comment like "Don't worry, everyone is doing it"!  That is why I came up with the following apparel line for class action attorney's:

Class Action Attorney Bib

Comments (4)

Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

If it is disclosed in the purchase contract with the seller, why would the SEC become involved?  There is no PROMISE of a "return" and the only people that loose will be the AGENT/Client if the property is not re-sold.

Sep 06, 2009 09:59 AM
Jim Paulson
Progressive Realty (Boise Idaho) www.Progressive-Realty.info - Boise, ID
Owner,Broker

I think they get involved because you need to have a securities license to buy and sell "options" on behalf of other people.  J

ust like the real estate commission would get involved if you were "brokering" real estate for a third party.

This is also why the appraisal industry is looking really closely at Realtors doing BPO's for third parties when in most states they are not licensed to offer opinions of value for a fee unless it is in the attempt to get a listing.  Keep in mind that most BPO companies are third party vendors and NEVER assign listings.

This is still unchartered land and when people loose money (or perceive to have lost money) they usually get angry and try to figure out who to sue or blame!  I don't intend to let it be me!

 

Check out this link from Fannie Mae regarding their interpretation calling the process FRAUD!https://www.efanniemae.com/utility/legal/pdf/fraudnews/mortgagefraudnews0709.pdf

Sep 06, 2009 11:06 AM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

Definitely not.  Real estate exempt from SEC rules for the most part unless it is securitiezed through a syndicate like a REIT or limited partnership. In fact in Florida where I live, our state law even has a boatload of laws that specifically tell how real estate brokers are supposed to handle options, lease options, and such.

Sep 06, 2009 12:21 PM
Jim Paulson
Progressive Realty (Boise Idaho) www.Progressive-Realty.info - Boise, ID
Owner,Broker

Thanks Rob!  I will look into the Florida laws.  It was a friend of mine that does securitized REITs that brought this to my attention so that might make sense.

Sep 09, 2009 04:41 AM

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