Good luck, there are a lot of good agents out there, if these people are doing this, just imagine what if there was a problem and you had to seek legal action, it would be a nightmare for you.
They both will need their California Real Estate licenses if they conduct Real Estate business.(showing homes to prospective clients would certainly qualify in my opinion). The laws for Real Estate are very specific,
I.E. During the holding of an open house, only a licensee may engage in the following:
show or exhibit the property,
I would recommend you visit the Department of Real Estate Website for California at http://www.dre.ca.gov to be sure.
P.S ,Feel free to call me with questions about getting your license my contact info is below. I'm always happy to help!
Based on your earlier question you are a Licensed contractor and Inspector.
Yes one of you needs a RE License.
Not clear whether your wife is a Realtor, in the event she is and you are working as a team
then she can quote price or in the case you are selling a home you built then you can.
From your questions and comment below it seems she is.
Due to your building and construction knowledge you can always talk about a home as an
expert and facilitate your wife who is / may be a Realtor.
If either of you are doing a Real Estate function of selling a home in CA, without a license unless
it is your own home or a home you built and have permission from the seller, it would be a problem
with the California DRE.
Check section 222.
Looks like someone is giving you the MLS key.
Interesting scenario--not sure why the wife would be involved. We are professionals and this really doesn't sound like professional behavior. Our job is to sell homes not engage in small talk nor separate the potential buyers who should be interacting with each other as they walk through the home so the licensed agent has a feeling for what isworking for them and what's not in order to get to a sale.
You sound a little agitated and a angry, I am a 21 year quality licensed contractor and home inspector that is only contemplating obtaining a license as I get a little older physical work is becoming more difficult, I am merely asking some general questions.
We all have a starting point....even you did at one time.
I appreciate the advice a little rough around the edges but appreciated.
I am a member of REBAC (Real Estate Buyer's Agent Council) and an Accredited Buyer Agent.
Your question is asking from one point of view, i.e. does each "technically" need a license.
I believe a better point of view is, "What does the buyer think?"
If the buyer in this case goes out with the couple, and asks questions, even seemingly innocuous ones like "what do you think of this bathroom?" or "what's this neighborhood like?", the buyer may in fact believe that BOTH parties are his agent. This can create an "implied agency" even when none is intended.
Succinctly, agency may be referred to as the relationship between a principal and an agent whereby the principal, expressly or impliedly, authorizes the agent to work under his control and on his behalf.
It would seem to me that the licensed agent would be taking on EXTREME risk by working alongside an untrained, unlicensed spouse. "Small talk", as you call it, can be full of some of the biggest bombshells, and are a way of passing information relied on by the client. Further, what the client reveals to his agent may be of a sensitive nature, not to be shared with someone untethered by the constraints of fiduciary duty. Besides, it's JUST NOT PROFESSIONAL.
For the best representation of the client, for the safety of the licensee, and for the betterment of the industry as a whole, the licensed/unlicensed (husband/wife) combo is a no-no.
The Bremner Group at Coldwell Banker
REALTOR, 00588885, ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
Lynn911 Dallas Realtor & Consultant, Loan Officer, Credit Repair Advisor
The Michael Group - Dallas Business Journal Top Ranked Realtors
As a practical matter, unlicensed people comment on houses in front of "the public" all the time; if a friend of mine walks into my open house and comments on the new windows, are they somehow violating license law?
Frankly, I think it's more important for new agents to get the big things right - to recognize when they are offering advice outside of their area of expertise.
They both don't need a license if they aren't talking about real estate or about the house. If the husband is talking about a house he needs to have a license.
The Carrabba Group
Keller Williams Hollywood Hills