Is bird-dogging illegal in Oregon? I have been interested in real estate for a while now, and looks like a good foot in the door.

Asked by Pedro, Portland, OR Sun Jun 3, 2012

Also what would the best way to go about getting started in this to learn as much as possible before I am to get in to classes to eventually become licensed?

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Anne Yoo, Agent, Portland, OR
Sun Jun 3, 2012
If you are asking if it is illegal to give a person who doesn't have a real estate license a "finder's fee" for a referral, the answer is yes, it is illegal.
1 vote
Matthew Gould, , Portland, OR
Tue Sep 25, 2012
Here is are 2 examples of a MPV (Motion Picture Video) tours that my company GSPR has produced for a Local & Very Successful realtor here in Portland.

This type of marketing has proven to be the most cost effective and efficient way to advertise a property today.

If you are a Realtor here in the Portland Market, Call me. I’ll show you what we can do, and at no charge to you.

Matthew Gould
Founder & Creative Director
Gold Star Public Relations (DSPR)
Cell# 503-875-9751
0 votes
Matthew Gould, , Portland, OR
Tue Sep 25, 2012
Here's How to legally, “Bird Dog”. Which isn’t really bird dogging at all, but rather… Legal & Ethical.

My name is Matthew Gould, I am the Founder & Creative Director of a public relations company in downtown Portland-OR, GSPR

Recently, I have personally sought out legal advice from a real-estate law firm here in town, and this is what I found.

1st and foremost, the process requires a (Dual Services Contract/Agreement) between a licensed Realtor/Agent/Broker & Licensed company that falls into the category of a Marketing firm of any kind.

As a Public Relations Company, my company’s (Multi-Media Production) Department, is legally allowed to produce any and all types of marketing materials for any licensed real estate broker/agent in the state that my company, GSPR is licensed to conduct business in.

We then offer standard exposure of those materials, as contracted to do so by our client, “The Realtor”, into the marketplace mainstream.

In other words…We are allowed to post advertisements in as many mainstream forums as our client wishes us to. My favorite… hands down… Craigslist! Thank You Craigslist!!!

This is a LEGAL MUST …
All of the; house info, sale info, realtor/agent/broker info, must lead to the Licensed Realtor. No if’s ands or buts about it!

Next, the “Client” realtor must also have a communications contract/agreement with my PR Firm. Thus we are legally allowed to have our PR Firms phone number advertised in the marketing materials.

In the video, the potential buyer/audience is instructed to call the Licensed Realtors, “Contracted Communications Company”, to set up an appointment to meet with the Licensed Realtor/Agent/Broker.

And so here’s an example of how it all plays out.

My PR firm obtains a new client that is a licensed, realtor/agent/broker.
We set up and sign off on a (Dual Services Contract/Agreement) Being a; (Multi-Media Production & Communications) service agreement between my company, GSPR and the client/Licensed Realtor/Agent/Broker.

Our Media Production Dept, goes out to a house, and produces a video with a video camera, and edits together a nice video tour of the home/property.

We advertise at the end of the video, “If you are interested in speaking with the licensed realtor for this property to get all details and schedule an appointment to meet with the Licensed Realtor/Agent/Broker, call our Communications Dept at ph#........, and we will set up an appointment for you to meet with the Licensed Realtor so that they may meet with you and discuss the all of the details.

And That it FOLKS :)
Once a month the Realtor gets a very small and affordable bill in the mail. The bill contains service charges for my PR firm’s; Communications Dept & Multi-Media Dept.

They are paying for the appointment setting service that my Communications Dept provides based on the agreement with our client. And finally, they are paying a very small video production fee.

Here are the things that you have to take into consideration to stay “Legal & and most of all…Fair”

A contracted Communications Agent is not allowed to discuss ANYTHING AT ALL about the property or any circumstances pertaining to the nature of the sale. To do so is Illegal, and you deserve whatever you get, if ya get caught “Bird Dogging”…Just my opinion.

But rather their job is to set up an appointment with the Realtor/Agent/Broker. And nothing else.

If a person wants to get into the Real Estate market, they should either get licensed as a realtor, or develop a media & communications company that is licensed to do business in the perspective state, and quit looking for easy money!

-Matthew Gould
0 votes
Priscilla Be…, Agent, Salem, OR
Sun Jun 10, 2012
According to ORS Chapter 696: "(1) A real estate licensee shall not offer, promise, allow, give, pay or rebate, directly or indirectly, any part or share of the licensee's compensation arising or accruing from any real estate transaction or pay a finder's fee to any person who is not a real estate licensee licensed under ORS 696.022."

According to "In a real estate context, a finder's fee may be paid for locating property, obtaining mortgage financing, or referring sellers or buyers. A finder's fee is money paid to a person for finding someone interested in selling or buying property. To conduct any negotiations of sale terms, the finder may be required to be a licensed broker or he violates the law."

Review ORS Chapter 696 for Oregon's laws on "professional real estate activity".

I suggest you contact the Real Estate Agency for particulars and a real estate attorney who can explain the law to you. Otherwise, if you are operating outside the law, the Real Estate Commissioner can bring a case against you for "unlicensed real estate activity" if he gets wind of it or gets a complaint from someone.
0 votes
Eric Steindl…, Agent, Portland, OR
Sun Jun 10, 2012

As many have answered before, you cannot bird dog for Realtors. However, many non licensed investors will gladly give you a fee if you find them a property (and willing seller) that works for them. I believe this is legal in Oregon and many do it, but you would need to verify. If paying a fee from the investors is illegal, they can always be creative and make you a partner in the llc for that property- I have seen that done in other states.

You asked about learning what you can before taking classes... Probably the best way to learn is to become a Realtors assistant. That's what many people do before getting their license.

At the end of the day though, selling Real Estate is all about making as many connections as you can. You have to be walking, talking and breathing it- especially your first few years. Want to know if you might succeed in Real Estate- try having real estate conversations with 10 new people a day, everyday...if you can do it for a month, you will do fine.
0 votes
Carla Muss-J…, , Portland, OR
Wed Jun 6, 2012
If you have so many leads, but just don't want to work them, why not get your real estate license and just do it.
0 votes
Pedro, , Portland, OR
Sun Jun 3, 2012
Thank you to every one for taking the time to answer my question.
0 votes
Tom Inglesby, Agent, Portland, OR
Sun Jun 3, 2012
The agent cannot give you a fee for getting a name from you that is illegal. If you think real estate is this easy skip bird dogging and get your license and see what it is like to be in the real estate business. Good Luck, Tom Inglesby
0 votes
HLR, , Oregon
Sun Jun 3, 2012
Folks check on some of the sites that ask for bird dogs to do the work for people looking for pre foreclosures and folks wanting a fast way out of their homes. It is illegal to bird dog, but it appears to be done anyway all over the country.

0 votes
Janice Groun…, Agent, Oregon City, OR
Sun Jun 3, 2012
If you are talking about being paid by licensed Brokers to 'give' them leads for sellers or buyers, it is illegal for ANY licensed Broker to pay an unlicensed person money or a fee for this. I don't know what the penalty would be for you the bird dogger, but the Realtor could/would get in a great deal of trouble.

Study, pass the exam and join a great brokerage - one that offers extensive training...There is a lot more to Real Estate than simply hanging up your license. You will be representing people with their largest asset and there are many potential complications and expectations of knowledge

I work with Keller Williams Realty Professionals and they are a fantastic Brokerage. Let me know if you want more infomation. I love my profession and you will find it very rewarding! Good Luck
0 votes
Priscilla Be…, Agent, Salem, OR
Sun Jun 3, 2012
Pedro, it is illegal in Oregon for an unlicensed person to receive money relating to the sale of real estate. I believe this would include if you were "bird dogging" for unlicensed real estate investors who paid you to find deals for them, as well. Just get your license and hang it with a broker who charges only minimal fees for referrals and E&O insurance. Good luck.
0 votes
Mack McCoy, Agent, Seattle, WA
Sun Jun 3, 2012
A bird-dog tells the hunter where the game is.

I think it's hard to monetize bird-dogging, because agents probably won't pay you for leads, and you have no legal means to sue for payment.

When you think of it - so, you know somebody who is looking to transact real estate. You're going to close them on an agent and expect to get paid for delivering that client - how much is that worth to an agent? Before or after the sale?

Real estate brokerage is no longer so remunerative that all you have to do is be interested in real estate and get a license to make money.

All the best;
0 votes
Susan McCall, Agent, Portland, OR
Sun Jun 3, 2012
I have to come and check out this question, it really got my attention!

I looked the phrase up and in the urban dictionary the phrase mainly has sexual, sports, and political overtones.

How does this relate to the question on this site?
0 votes
Lana Lavenba…, Agent, Grants Pass, OR
Sun Jun 3, 2012
What do you mean "bird-dogging"? I dont kow what you are referring to. You could go to an escrow company and learn about easements, how people take title, how they complete closing statements and so forth...that would give you a small look into a few items that we look at. Then you can check out how properties are on and so of luck to you !!
0 votes
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