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Richie Alan Naggar, agent & author  (people first...then business Ran Right Realty )

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Rainmaker
5,317,099
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Real Estate Broker

I remain very cautious. Your "warnings" could be misinterpreted, forgotten, etc. Then what is your proof of warning. Safer to say you can't practice law and suggest they call their attorney.

Jul 19, 2023 12:47 PM
Rainmaker
8,156,402
Roy Kelley
Retired - Gaithersburg, MD

I finished law school and was a  member of the state bar before opening my first real estate office. Even though I had more legal knowledge than most real estate professionals, I have never provided legal advice to real estate clients. 

Jul 19, 2023 01:54 PM
Rainmaker
922,584
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

Yes, I would share what I know with a STRONG caveat, perhaps in writing, that information should be verified by real estate attorney familiar with the facts. 

Jul 19, 2023 12:39 PM
Ambassador
2,122,131
Alan May
Jameson Sotheby's International Realty - Evanston, IL
Home again, home again...

I find that regardless of how much knowledge we accumulate, it's always best to stay in our lane.  Our managing brokers will appreciate it because that's the lane we are insured for.

Jul 19, 2023 04:59 PM
Ambassador
5,489,752
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

I'm extremely by-the-books and have ZERO issues staying in my lane and recommending the client seek counsel - no problem whatsoever doing that!!

Jul 19, 2023 07:56 PM
Rainmaker
1,650,860
Inna Ivchenko
Barcode Properties - Encino, CA
Realtor® • GRI • HAFA • PSC • Short Sale • Probate

I would go with ''to my best knowledge'' and ''I advise you to discuss it in details with a legal counselor'' but of course we see many situations repeat themselves and an experienced agent is a valuable source of the preliminary  information. 

Jul 19, 2023 06:46 PM
Rainmaker
2,523,923
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

I never gave legal advice Richie Alan Naggar but I often said "you may want to seek legal advice".

Jul 19, 2023 12:43 PM
Ambassador
3,431,217
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

 

Nice and trying to be helpful does not always win the race Richie. 

I get calls on a weekly basis from people I do not know, never met, and don't know who they are.  They say I know you are not an attorney and you cannot give legal advice, but yadda yadda yadda.  

They have vetted me and they know I know but I will not ever give legal advice nor will I share my experiences with random calls from strangers. 

I may share experiences with clients I know and trust and yet they are referred to my trusted attorneys to get the help they need. 

 

Jul 19, 2023 03:50 PM
Ambassador
3,213,979
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

I will often say "I've seen this or that happen in the circumstance you have", but I can't offer any advice on the matter other than to seek the legal advice of an attorney.

Jul 19, 2023 02:40 PM
Rainmaker
1,620,251
Thomas J. Nelson, REALTOR ® CRS,ABR,PSA,RCS-D, ePRO
Big Block Realty 858.232.8722 - La Jolla, CA
Serving Coastal San Diego, Veteran's & Seniors

I do not share anything regarding school districts zoning, taxes, legal procedures or city planning & permits info. I do remove my REALTOR® hat and tell stories as a homeowner about my homeowner experiences and mine alone.

Jul 20, 2023 07:52 AM
Ambassador
4,982,639
Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

Hmm, I have given a lot of advice over the years which could be construed as legal advice, haha.  I always state that it is based on my past experiences but is certainly not legal advice.

Jul 20, 2023 05:03 AM
Rainmaker
828,145
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

I would not share any legal advice as that is not my area of expertise. I wouldn't want to be held accountable for something I said that could be interpreted the wrong way. I am not paid to give legal advice.

Jul 19, 2023 06:05 PM
Rainmaker
6,008,831
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

If I have called the legal hotline, and they have given me the answer, yes, but definitely followed up with -- contact your own attorney in writing.

Jul 20, 2023 06:53 AM
Rainmaker
1,101,689
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

Article 26 of the Arizona Constitution DOES give real estate licensees the ability to 'practice law' by drawing documents incidental to a real estate transaction. 

For all other things we need an attorney.

All transactions and experiences are unique to that situation at that time. Can we relate our experiences? Sure. HOWEVER. We MUST be careful NOT to do so in any 'blanket manner' that suggests our experience is typical. 

ALL must end with 3 local real estate attorneys' contact information . . .

There was a contributor here a while back who stated with confidence that they were smarter than attorneys. I can see where that might be true of one here or there . . . but those are big balls and I am painfully aware of all I do not know which must be legion . . . LOL

Jul 20, 2023 06:41 AM
Rainmaker
5,488,270
Wayne Martin
Wayne M Martin - Oswego, IL
Real Estate Broker - Retired

Since Roy Kelley and I had a similar experience in graduating from law school and having a real estate license. I choose to prefer real estate and did not offer real estate advice.

Jul 20, 2023 04:46 AM
Rainmaker
637,534
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

No! 

What I might say is "ask your attorney to look into this or that" to get them going in the right direction, but not advice and then for them to double check with an attorney.  

 

Jul 19, 2023 12:14 PM
Rainmaker
1,446,248
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

I would say that it depends on the situation. If the question is simple, I might give an opinion but followed by a reminder that my opinion should be double checked with a legal professional, which I am not.

Jul 20, 2023 11:40 AM
Ambassador
6,692,882
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Though our RE license does afford us a "limited license to practice law" in our state, we still advise clients to read it carefully and consult their attny for anything that they do not feel qualified to decide on.

Nobody has time to spend time and money defending themselves for misunderstood advice when things go wrong.

Jul 19, 2023 09:08 PM
Rainmaker
5,205,763
Will Hamm
Hamm Homes - Aurora, CO
"Where There's a Will, There's a Way!"

I remind them that I do not practice law so I watch what I say to clients, keeps me out of trouble.

 

Jul 20, 2023 10:47 AM
Ambassador
3,662,852
Anna "Banana" Kruchten
HomeSmart Real Estate - Phoenix, AZ
602-380-4886

Mu standard response has always been - it is best to get legal counsel.  I can give you a list of attorneys that handle this type of matter.  Most folks I know haven't ever needed legal counsel in all these years - just a small number of them.  In particular during the high level of 'short sale' days.

Jul 20, 2023 08:35 AM
Rainmaker
676,421
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

I listen attentively but always know I am hearing ONE HALF of the story, which likely makes it incomplete of all the facts and recommend getting counsel.

Jul 20, 2023 08:29 AM
Rainmaker
1,870,653
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Your attorney will be able to handle that for you. Being sure that you don't step over that line between advice & being the latest lawyer on TV.

Jul 19, 2023 03:40 PM
Rainmaker
1,293,076
Peter Mohylsky,
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

Sounds ok to me depending on the situation.  I can share my experiences but can't offer advice.  Other than in some situations it is better to contact an attorney.  

I have a few lawyer types as friends who can offer on opinion when requested, so I am quick to pass along their contact information and suggest my client work directly with them  

Jul 20, 2023 09:19 AM
Rainmaker
539,848
Jerry Lucas
ABC Legal Docs LLC - Colorado Springs, CO
Notary Training, Consulting. Colorado Springs, CO

I have seen multiple posts on AR that show the writer does not know fair housing laws and then other members upvote the post indicating their support for violating fair housing laws, in a parade of legal ignorance.

The definition of unauthorized practice of law (UPL) varies by state.  Some are strict, some are not as strict.

Generally, free legal advice is worth every penny.

The problem with sharing personal legal experiences is that your situation may be different, the story may be perceived as a legal opinion or a recommended course of action, the laws may have changed, the court judges may have changed, or the courts may have rendered a different ruling on a similar case since your experience occurred.

I have disclaimers on my website and on my business card that I do not give legal advice.

Jul 20, 2023 06:40 AM
Rainmaker
1,539,194
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

That is part of why you hire a knowledgeable and experienced agent.  The agent having seen something similar helps the client know they are not the first to experience this and to have someone who has seen this before.

Jul 20, 2023 08:25 AM
Rainmaker
888,491
Eileen Burns 954.483.3912
Trans State Commercial Realty Inc. - Fort Lauderdale, FL
FLorida Real Estate Connector

I tend to stay in my own lane.  I have called the Attorney hotline and been given responses to my current dilemma, but you had to agree not to share your reply prior to the attorney coming to the line.  We have 2 new July 1st laws here in Florida that are open for interpretation. Not an easy task to navigate.  Even speaking with attorneys who have opposing points of view😎

 

Jul 20, 2023 01:18 PM
Rainmaker
1,113,919
Diana Zaccaro Broker Associate
ZOOM Realty Group - Cocoa Beach, FL
"The Accidental Blogger" Cocoa Beach, Florida

It's a "no" from me and that is a very slippery slope. People have selective hearing and tend to hear and remember what they want vs. what was actually said. And laws change so fast any more that your experience from even 1-2 years ago could be outdated today. And I doubt most people would spend the $$$ to get legal advice, it does not come cheap and if they were willing to spend the $$$, they would not be asking an agent for their input.

 

Jul 21, 2023 07:19 PM
Rainer
373,821
Adam Feinberg
Elegran - Manhattan, NY
NYC Condo, Co-op, and Townhouse Advisor

I never give legal advice- however when going through due diligence I will reach out to the attorney and include my client in the communications on legal issues. I might know the answer- but let the attorney provide the actual answer. I just wrapped up a deal where the buyers agent kept trying to have me to provide legal language. I kept telling him that I understand what he was trying to accomplish- but it was the attorney's that set the legal language and what he was asking could cost an agent their license.  The deal closed about a month ago- I imagine that agent is still cursing me out for not working against my clients interest and acting like an attorney without a license to practice law. 

Jul 26, 2023 05:26 AM
Rainmaker
790,004
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

I share past knowledge and experiences with my clients and express my opinion.  I always let them know that they need to consult a professional when making any legal or financial decision.

Jul 25, 2023 10:56 AM
Rainmaker
1,052,819
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

I never give legal advice but suggest they need to speak with an attorney.   Always.

Jul 24, 2023 07:10 PM