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#381587 - 07/01/11 01:30 PM Any CA brokers operating their own company using a DBA?
cabrokerattorney Offline
Junior Member

Registered: 07/01/11
Posts: 1
Loc: Los Angeles
I'm a relatively new CA broker who just started his own brokerage. The brokerage was established as an LLC, and not a corporation, so the DRE will not issue a corporate broker's license. I've filed with the County to use my personal name DBA company's name. I will then register the DBA with the DRE. Anyone else using a DBA instead of a corporate license? What are the benefits of having a corporate broker's license versus operating under an individual broker's license with a DBA?

I've spoken to the DRE compliance department who said that a DBA would work, since company is established as an LLC

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#381610 - 07/01/11 03:20 PM Re: Any CA brokers operating their own company using a DBA? [Re: cabrokerattorney]
CALIF DREAMING Offline
Veteran Member

Registered: 08/01/06
Posts: 1123
Loc: Downey, California
Join the California Association of Realtors and speak with one of their attorneys. Oh, just noticed you are already an attorney!
_________________________
"People rarely succeed unless they have fun in what they are doing"....Dale Carnegie

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#381611 - 07/01/11 03:20 PM Re: Any CA brokers operating their own company using a DBA? [Re: cabrokerattorney]
Vermont Offline
Major Contributor

Registered: 04/12/08
Posts: 4726
Loc: Vermont's North-East Kingdom
I'm not in California; but if they won't allow you to obtain your License as a Limited Liability Company, won't that also deny you some or all of the priveleges of limited personal liability for the debts and actions of the Brokerage or the benefit of pass-through taxation on its Real Estate related income?
_________________________
Dale C. Hittle of GOLDEN RULE PROPERTIES in Glover, Vermont
Where We're Always Striving To Put Together "THE FAIR DEAL"

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#381693 - 07/02/11 11:20 AM Re: Any CA brokers operating their own company using a DBA? [Re: cabrokerattorney]
JLNorthOC Offline
Member

Registered: 06/17/10
Posts: 132
Loc: Fullerton
I am dealing with the same issue. My partner and I are going to be talking to our CPA to see if we should go the LLC wrought or corp.

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#381709 - 07/02/11 05:43 PM Re: Any CA brokers operating their own company using a DBA? [Re: cabrokerattorney]
Alabama Homes Offline
Member

Registered: 06/05/11
Posts: 146
Loc: Alabama
I would follow want the DRE says seems they would be more qualified to tell you then this forum. Sorry just saying
_________________________
For all your Alabama Real Estate needs contact Barry Lynn Miller or use links below:
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#382215 - 07/07/11 01:21 PM Re: Any CA brokers operating their own company using a DBA? [Re: cabrokerattorney]
AlexMack Offline
Member

Registered: 01/18/11
Posts: 85
Loc: California
I am not an attorney. A DBA is only a replication of the entity which it is based upon. Therefore if you are a Sole Proprietor (individual natural person), then so is your DBA company. You must be a Corporate (legal person) entity in order to obtain a Corporate license. Remember that a major purpose of the Corporation is to separate liability from touching personal or other corporate assets. It is therefore untennable to seek to protect a non-corporate entity from its self-of-another-name.
_________________________
BPO Hunter

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#382765 - 07/12/11 10:34 PM Re: Any CA brokers operating their own company using a DBA? [Re: cabrokerattorney]
Anton Weber Offline
Junior Member

Registered: 03/20/08
Posts: 4
Loc: San Diego
I'm a california broker. All you need is to file it via an online company. Just google "File DBA". They will need to publish it in a local news paper for x amount of days. Then you will have to fill out a dre form to make the dba active. If you are going to make multiple DBAs do it all at one time because its about $5 more for each name. If you file it yourself at the county its cheaper but properbably not worth the effort. It should cost you about $100 with an online company and they should send you proof of publication.

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#384832 - 07/29/11 03:38 PM Re: Any CA brokers operating their own company using a DBA? [Re: Anton Weber]
Bay Area Brian Online   content
Member

Registered: 06/09/07
Posts: 477
OK, I give up. Why this love affair with the LLC. Why not just form a S Corporation for your licensed activity and save LLC's for other purposes.

The Annual fee is the same, and someday the DRE will join this century. Why can a doctor or lawyer use a LLC but a real estate broker can't.

A case of profession discrimination in my book, and I for one would like a written statement published in the DRE Bulletin as to why this policy exists.

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#384835 - 07/29/11 03:40 PM Re: Any CA brokers operating their own company using a DBA? [Re: cabrokerattorney]
Sassy411 Offline
Member

Registered: 11/30/10
Posts: 289
Loc: SoCal
In CA, RE brokers can't do an LLC. Don't ask me why, it's a specific exception just for us.

I incorporated for tax purposes.

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