|
|
#390083 - 09/22/11 03:00 PM
Re: Do you need to have a Real Estate License to do BPO's?
[Re: Nealkl]
|
Member
Registered: 08/25/11
Posts: 85
Loc: Florida
|
I was contacted by a company Pacific Star Financial, they wanted to do an interior at one of my short sale listings in Miami. I received a business card from the person who came out, I looked the name up on the Florida Real Estate Commission, no person with that name has a Real Estate Licesnse. When I called the company they said they are in Riverside CA. even though the phone number has a local area code. What doesn't surprise me is that the BPO was being done for Evaluation Solutions! I cannot seem to find any ruling if the person coming to the property has to have a Real Estate License, or only the person doing it. And then what about the company, can they a Real Estate License in California and do BPO's in Florida? Nealkl - There are about 10 states now which prohibit paid BPO's, and instead require a Appraiser Valuation for anything that has to do with a federally funded or backed mortgage. In Florida specifically, BPO's are allowed but the Agent and his Broker must be licensed in Florida. A CA Firm can be dual-licensed in FL (I myself am licensed as a Broker in 2 states), but there are many rules which must be observed. Also, the CA company may not pay you directly The Bpo must be ordered and generated thru your Florida Brokerage, and payment must be made directly to them, after which the will provide you with your percentage of the fee. Also some AMC's are silent on splitting the duties, but generally speaking anyone involved in determing the value of property for a fee in Florida must be licensed. You may use some administrative office help, but the agent must be the one to make the final selections and reviews of the entire BPO Report. Good luck in your endeavors!
|
|
Top
|
|
|
|
#390085 - 09/22/11 03:05 PM
Re: Do you need to have a Real Estate License to do BPO's?
[Re: HousegirlSOFL]
|
Member
Registered: 08/25/11
Posts: 85
Loc: Florida
|
Right BPOmaster. In Fl, you can have someone do the data entry and upload the photos, but you must take the photos, pull the comps, make (or dictate) the comments in the report and assign a market value. At least that is how it is for every company I've ever done a report for.
In Fl, you MUST be licensed to complete a BPO. Some companies will look the other way, but the banks require an agent to be licensed. If the banks find out that these companies are not complying, that could mean big trouble for them.
I haven't run into any companies at this point that will allow an unlicensed individual to pull comps, take the photos or give their opinions. HousegirlSOFL - I agree with you. With the exception of office staff to help an agent finalize his observations on paper, anyone still using unlicensed individuals in FL to go out and evaluate a subject, its conditions and repairs, and the differences that exist between the in the neighborhood is simply asking for trouble.
|
|
Top
|
|
|
|
#390086 - 09/22/11 03:09 PM
Re: Do you need to have a Real Estate License to do BPO's?
[Re: JackREO]
|
Member
Registered: 08/25/11
Posts: 85
Loc: Florida
|
To use that thought process that it's a broker price opinion,and thus requires a broker, then agents would be excluded since it's not an agent price opinion. Jackreo - I do agree with you that the Title is just a bit misleading, but as we all know state laws allow an agent to conduct real estate business under the guidance and authority of a Broker, but they do not allow un-licensed individuals to list, sell, or show property, answer some specific questions, or to perform any service that is defined as reserved specifically for licensees.
|
|
Top
|
|
|
|
#390088 - 09/22/11 03:11 PM
Re: Do you need to have a Real Estate License to do BPO's?
[Re: PalmBeach BPO]
|
Member
Registered: 08/25/11
Posts: 85
Loc: Florida
|
Permissible Activities of an Unlicensed Assistant Unlicensed assistant is defined as support staff for a real estate corporation or other licensed individuals. Answer the phone and forward calls Fill out and submit listings and changes to any multiple listing service Follow-up on loan commitments after a contract has been negotiated and generally secure the status reports on the loan progress Assemble documents for closing Secure documents (public information) from courthouse, utility district, etc. Have keys made for company listings, order surveys, termite inspections, home inspections and home warranties with the licensed employers approval Write ads for approval of the licensee and the supervising broker, and place advertising (newspaper ads, update web sites, etc); prepare flyers and promotional information for approval by licensee and the supervising broker Receive, record and deposit earnest money, security deposits and advance rents Only type the contract forms for approval by licensee and supervising broker Monitor licenses and personnel files Compute commission checks Place signs on property Order items of repair as directed by licensee Prepare flyers and promotional information for approval by licensee and supervising broker Act as a courier service to deliver documents, pick-up keys Place routine telephone calls on late rent payments Schedule appointments for licensee to show a listed property
Revised and approved by FREC 09/15/2009 BPO Couple - you just said it all.......... Have a great day!
|
|
Top
|
|
|
|
#390247 - 09/25/11 06:48 AM
Re: Do you need to have a Real Estate License to do BPO's?
[Re: Nealkl]
|
Major Contributor
Registered: 06/30/09
Posts: 2255
Loc: Margaritaville
|
Just went back through FL 475 (the law in FL that covers real estate) and it is fairly clear that you must be licensed to perform a function of real estate. A BPO is a function of real estate.
Thus, it appears that the person is performing a function of real estate without a license. FREC is fairly intent on stopping this so I can only recommend that you report it to FREC.
If you are not part of the solution.....
_________________________
"Be who you are and say what you feel, because those who mind don't matter and those who matter don't mind." Dr. Seuss
|
|
Top
|
|
|
|
|
This Google Custom search may do a better job of searching the forums for some keywords than the old forum search does. The results do not include threads from the Asset Managers Forum however. To search that forum you will need to be actually in the Asset Managers Forum and you will need to use the old forum search below.
|
|
Registered: 02/16/11
Posts: 28
|
|
|