If that were the situation I had, I would ask my manager?  In my office it seems that the more you produce and bring in the more you can do!  However, we do participate in rentals and I would be able to list my own on my site!  

Interesting question though!  

GOOD QUESTION Sharron . . . it would depend on the terms of your IC agreement, I would imagine.

With my agents, it's agreed that ANY real estate transaction they are involved in either as an agent or principal MUST be processed thru the office. I'm liable for the agents' bloopers so I want to be in the loop.

With a rental, and we don't handle rentals either . . . if you were my kid, you could advertise it but I'd want to sign off on the advertising and rental agreement. And I'd charge a 45 buck E/O fee.

So get your broker's permission and go for it if they say OK . . .

Scenario:

You are a real estate agent who owns a home that you would like to offer for short term rentals. Your brokerage does not handle rentals. Are you allowed to advertise your personal short term rental on your site?

If not, why? If yes, then what special rules apply, if any?

==================================================

Yes,Yes,yes....

You are allow to advertise your home weather or not it a STR  or not as you may already know you need declare that you are the Owner Agent selling/ renting your home.

Your Georgia Real Estate has no restrictions on it when you got it, the problem I always see a lot is brokers who say to their agents you can not do commercial sales, that has always been one of the best statements,

Second one is, you can not sell or list a home over One Million Bucks we have agents that handle those. ha ha  You Bet They Do...

If I remember right your broker is stuck in a time warp and is not with the program of today?

What are you going to do if your broker says NO, ?? Quit ha ha and go with another broker that will let you rent your home ha ha because you have been a good boy/girl...

Your not asking him to go into the rental business, Give me his name and number I will take of it for you ha ha ha

I will sell Ice to an Eskimo, and do your STR for you for free.

Rentals R US

[Rentals R Vance sez: I always see a lot is brokers who say to their agents you can not do commercial sales]

Now Vance you know I love my gumba BUT NAR COE says don't go outside of your area of expertise (I know you can get written permission from client, but better to just KNOW HOW to walk your talk). So my agents can't do commercial without me until they know how which means they still collect their commission but I have to be in the loop. Still my butt in a sling if they screw up.

I believe you pass it by your broker and a lot will depend in the wording of your agreement. The broker does have liability if you error and therefor I would want to be in the loop. However, we don't charge or make anything on personal sales or rentals in most cases. I do have one agents that is a flipper and we do charge him the normal fees. But if we are talking a one time thing, I would ok it if it were in my office and just want to be in the loop, to protect my butt.

The same goes for commercial, no agent can do it without one of the brokers being in the loop unless they have experience in commercial sales. It is to easy to error and I can not picture someone trying to go it alone if they have little experience. It would be a mistake on their part and the help is free!

Otay

I got a little carried away.

It all depends on the broker ok, you got me, kinda

Depending who the broker is, here let give you an example of agent/broker.

"""Lets do Georgia did you know that GA law is that if your real estate license starts with a certain number meaning having your license before continuing Ed that agent/broker is exempt from ever having to do CE....""" (NAR)? were are you on this one??? DUH

""(Now Vance you know I love my gumba BUT NAR COE says don't go outside of your area of expertise)"""

"NAR need to get a grip about CE for ALL Licenses, expertise this!!NAR.."

""So now how does the public that we serve is going to know that the person who is going to represent them even have a clue and is up to date on all the new laws and changes,, they don't have a clue..""(NAR)

Commercial is So much easier at leas  for me my opinion then residential at times, as long as it a free standing building with no cap cost, cam, and inventory etc

Financing is a piece of cake also in most cases because of the large down payment...

I will not do a business, that I leave up to anybody who wants it there are tons of business brokers out there, most no license is required anyway..

As in Sharron and Steve case sure they need to inform the broker about his own home most likely he will say yes!! at least you hope so there are some brokers that want a piece of that action to.

My question shoud be to Steve and Sharron would be is your broker exempt from CE?

Leodinaro DuhVanski ha ha

I agree with you 100% Gary

My statments are for those in this business that  are taking advantage, if you know what I mean and I know you do!

AD Vancetage

LOL Vance, I get your drift. It is shocking to me that any practitioner gets away with no CE . . . I know I've heard Gregory talk about no requirement in NJ and I'm sure there are others . . .

I agree with you somewhat about commercial being easier than residential--the headaches are certainly fewer. It's also more complicated, if that sounds paradoxical it is. But in the sense that you're dealing usually with more experienced transactors, it's definitely easier there.

Candice check it out

If you have had your real estate license for 25 years you are exempt in Georgia.

Here is another when you reach the ripe young age of 65 you are exempt.

I am Vance Remele and I approved this message,,, ha ha

LOLOL that's as bad as in AZ, you get your driver's license issued for 40 YEARS. Or till you're 65.

You can come back in every 12 years to get your picture retaken.

I have seldom had a commercial that was easier than a residential. By the time you go through all the due diligence and run into snags and have to renegotiate the contract to work out the bugs, I have had some take up to two years to complete the process. Some of the commercial condo sales are easy but bare land to shopping plaza or what ever is a hard deal to get through, especially if you are needing some type variance. Not good deal to start with unless you have some help. But that is why the broker is there.

However, renting your cabin is easy for me. Hell yes, put it on the site, just follow the rulz! Although I do have to disclose on my E&O that we do rentals and that could be a problem for some brokers if they have no rentals.

I'm not the right guy to ask. I tend to make up the rules as I go along. But, I think the broker is really hanging out there on the liability issues, so I tend not to do things that might some how bite him in the hind quarters. I don't post Do It Yourself home sellers photos and information (if it's not in the LS with a broker - too, bad); I don't offer advertising space to trademen and vendors in exchange of services or money. But, that's just me.

Gary I think what makes it feel easier for me is that it's unemotional and more logical.

Georgia PDF for CE

http://rules.sos.state.ga.us/docs/130/2/12.PDF

Looks like the more excuses you have the better chance you can get out of it....

Vancelaw

Vance, the brokers in NJ like us dumb. No continueing education! Therefore, I play dumb. It is easier to ask for forgiveness than get permission.

Hey Gregory not a problem, I play dumb when it is convenient for me  ha ha CE or No CE

Steve and Sharron I may have poped this one!!! meeting tomorrow at Mickeys D

I will be up your way this weekend

http://www.georgiapeachrealestate.com/Dixie_Depot_General_Store/page_1907249.html

Yes go for it, look at all my pages on my sites...that I do not even own ha ha ,Don't make me come up there !!!!!!!

I have had my condo on my FL site for months...

STRs are hugh in Mickey land Orlando

Steve and Sharron

Here are the latest laws from the GA Real Estate Commission..they were amended..

http://rules.sos.state.ga.us/docs/520/1/09.pdf

Vance

Law or not, I still wouldn't do it without your broker's knowledge. THEY are still responsible...

Hey Sharron and Steve !!!

Yea I may as well put a sold sign on that property up your way.

Anyways we should be up your way either this Monday or Tuesday for sure,

I think yo guys  will be only about 25 miles from me then , I have your numbers and will call you over the weekend for sure.

My buyers may even take the mountain top home

http://www.georgiapeachrealestate.com/Log_Home_Elevation_3200_Feet/page_1908286.html

also total package 1mill 600k Whoopie !! I will buy you guys a burger ha ha .

Looks like Jay is nervous about your rental, clam down Jay its not what you think it is ,ha ha besides I already gave them my permission, we do thing different here in Georgia,,, !! ha ha ha only kidding..

Vance

Hey Sharron and Steve .. I got IT, Duh me

lets do a handshake for your rental, and I will put in om my web sites.

I don't need permission from my brokers because we are 100% fully independent agents and the brokers sign off to that, even the listings belong to us... in writing !!!! that's the key..

Send me all your info to Homes@VanceRemele.com  I will send you any leads direct to you even better I will put your contact on it they can call you direct, whats the difference a handshake is a handshake without permissions.. Go figure..

Vances Short Term Rentals dept...

[VanceLaw sez; I don't need permission from my brokers because we are 100% fully independent agents and the brokers sign off to that, even the listings belong to us... in writing !!!!]

Vance, do you pay your own E and O? Or does your broker?

In Gawja, can the broker completely be absolved from liability for an agent's actions in the event of litigation?

Inquiring minds wanna know. Tell me how this works. Not that I think you would get your broker in trouble and I'm sure he she trusts you. But exactly how does that play out in your state if some hoohah tries to turn yawl upside down and see whose pockets are deeper?

Inquiring minds wanna know. Tell me how this works. Not that I think you would get your broker in trouble and I'm sure he she trusts you. But exactly how does that play out in your state if some hoohah tries to turn yawl upside down and see whose pockets are deeper?

=====================================================

If something or someone made a complaint against either brokerages then and only would any infraction be cleared up.

For an example lets say you ask your broker about Steve and Sharron rental, and the broker says oh yea go right ahead be my guest by all means, and for some reason it comes back to bite them in ash... because the broker did not bother to look up the law?

In most cases the laws are the same for brokers and agents same level playing field per written law as you can see above in the laws of advertising in Georgia.

The reason I posted that law was in case Steve and Sharron broker was not up to date on GA laws and said No its against GA law that would not be true.

If the broker said we do not do rentals and therefor the answer on NO.

to Steve and Sharrons rental.

Then I would move on ASAP to another agency

I always look up the laws of the states  I am license in before I jump into the the ocean, now if I can not find what I am looking for within the the respective Real State Commissions laws and regulations then I will have a discussion with the brokers... I do not run to every broker when all the answers are available to you free by your states commissions..

As you are aware of real estate laws are being amended as we speak with newer laws/amended laws everyday, one of my favorite things in this business of all things is to study real estate laws been doing that for years.

Has everybody here as members ask there brokers and local MLS if it is ok to participate in Point 2 handshakes ???? NO Hummm.

Who owns the listings? Broker or Agent, good question Huh :)(Everything Is Negotiable:)

You will see that is yet another topic that starts arguments and some just will not understand no matter what you tell them mostly old school brokers/agents that are not to date with the changes in our industry and some will never get.....

The changing of the guard is taking place at a astonishing pace leaving many Brokers and Agents behind...that may not be up to date with these changes, because of these changes in recent years the old guard brokers ways of doing things have changed, Virtual Brokers are plentiful now

My listings are all mine to take with of course the clients has the final choice if they want to follow me.

There is a very fine line to that answer but the jury is still out on that question, the reason in my opinion is called the DOJ.

==================================================

Candice:In Gawja, can the broker completely be absolved from liability for an agent's actions in the event of litigation?

==================================================

How about (the Broker getting the Agent in trouble?)

Double edge sword here Candice ( Brokers also break laws)

Can an (Agent") be absolved from liability for an (Broker's) actions in the event of litigation?

That is up to the determination of the courts

=====================================================

So as for my statement I only ask my brokers  what there opinion of a written law that maybe in question and if we can not interpret the answer we call the legal hotline.

The Real estate Commissions laws prevail,so in my opinion in Steve and Sharron case they have every legal right to advertise their rental home on there web site, in  there local/national media..

As I offered my services  (free)to them to advertise their home on my sites( Florida included) in the event for what ever off the wall reason their broker may say NO without asking my Brokers (Permission) is the operative word here,,,because it is not against any (Laws)......Hence you would not need (permission)

"All in All I am just another Brick In the Wall"

(permission)

http://youtube.com/watch?v=FqkGO0CDh1Q

Lets call it a handshake ha ha that should cover it  ha ha

As far as E&O insurance who pays it? it is negotiated in my IC that they pay it, who pays makes no difference if there is a claim.

Remember my thread (Everything Is Negotiable:)

Gee its to early for this so

Candice

Quote from Steve and sharron above

"If you were my broker, would you give me permission to add a page to my website stating that I own a mountain vacation home that I am offering for short term rental?""

Candice will you be my broker now? ha ha ha or at least my Amigo :)

Well I guess he told you No with your Rental ? and among other things like a lecture on how he has done it for the past 50 years?

Well my best one was from a judge here in GA no less in Cartersville  say to me he never heard of anyone cut the brokers commission and does the Georgia Real Estate commission know about this!

" I told the judge that the Georgia Real Estate Commission nothing to do with it..

Well for lack of betters words He wigged out, since it was my turn to talk, I said that maybe YOU need to call my broker and or also check with the real estate commission and to top it off to stop by my web sites to see how thing have changed...

What really got him going was since he said he never heard any of this, I proceeded to tell him that's why we have continuing education

He  has been on the bench for 30 years and never heard that before, not to mention he also has in over 300 closings before he was a judge ever had a check made out to an real estate agent...

Now please keep in mind that was a real conversation that my wife almost fell on the floor hearing it!!!

Now how did all this happen?? over a listing about 2 months ago in Cartersville GA , I presented the listing to the owner and her Son!!!! in our same subdivision

WHO is an "ATTORNEY" we all sat down together, he told me he was not a real estate attorney but wanted if I minded that he would have his friend the Judge call me.... I told not a problem........

As you can see It was a HUGH problem and goes to show you all what is really out there that knows squat of what I call the NEW Real Estate Of Today..

Can you image being in court with judge on a real estate matter!!!!

Oh my God run for the hills.......

If you think I am kidding you e mail me and I will tell you the name of this judge and if you can get in contact with him ask him the questions you see above....

Oh No I did not get the listing, thank God ha ha ..

And I still have my GA license with no complaints, things that makes you go hmmmm huh.

You be the Judge here.

Steve and Sharron send me your info on your home, it is a great candidate for Floridians as you know they are moving to GA in droves, or better yet if all goes well Monday and we hook up just pass it to me then...

Vance Mart, Discount Home Of The Broker Commissions!!

Vance you would LOVE working for me! Because as long as you don't get my butt in a sling, I'm all sweetness and light!  :)

Amigo!

ha ha  I love that move to, Hey I just e mail you, subject line

"Here Comes The Judge"

Its to bad he and I will never be able to join in any court action, because of his stunt he pulled just by talking to me puts the Kibosh on that..

Looking for a good lawyer ? well look no further here is the one and only greatest lawyer money can buy, especially when you are facing the electric chair in action!!!

http://www.youtube.com/watch?v=25eCZVhBQPc

And as for you  Senioretta Candice,  I am going to  see If there are reciprocity agreements between AZ and with the states I am licence

I have a license just so you can be my broker,

(Warning Loaded Question Ahead)

Will you let me put Sharron and Steves rental on my web site  if you were my broker?

Will become a Cowboy then..? can I get a stick horse I have my own gun.

ha ha

SURE! Sharron and Steve's house is as good as rented, hell maybe I'll rent it . . . never been there! LOL

Having guns is required for employ, I need protection LOL

OH, ps Vance we have REAL horses AND burros . . . if you can ride a burro and not get your butt bit off or kicked, you can get a 100% split. LOLOL