You make very valid points. Isn’t
playing games with words what the Law and legal professions are all about
though? Lol. What’s the difference between expecting and hoping? Other than the
unknowable (to us) truth of what a person has on his mind, what can constitute
a demarcation between the two; short of a contract stipulating a fee,
agreements given in writing, or voice/video recording of communication between
the parties? And even in those cases, attorneys then play the semantics game to
confuse or delude the issue in the minds of the judge and/or jury.
The Law words things as it does so
that an exact delineation can be drawn between what is permissible and what is
a violation. Even if it is an established fact that the birddogger was
expecting a fee, the question then becomes, “Are they working on behalf on one
particular investor, thereby constituting them a broker?” The law reads, “…performs
for another person…” I.e. Instead of that person doing it, they are doing it
for them. (Or really, it can even be argued they were doing it for PEOPLE, not
a “person.”) Yes, they choose which investor(s) to send the property
information to based on the parameters those investors have told them they are
interested in, but did they locate that particular property for a particular
investor? In other words, did they go, “Hmm, Investor Dan wants a 4/3/2 in XYZ
area with an ARV of 150-200k. I’ll go drive the neighborhoods over there and
see if I can find something for him.” Or, were they more like, “You know, this
is a good area for distressed properties. I’m going to drive around it today
and see if I find any vacant houses. If I do, I’ll compare what I find to the
parameters of all the investors on my Buyer’s List, and then email property
details to any of them I find a match for.” Internal conversation number two,
legal. Internal conversation number one, illegal. Even if this would never be
provable one way or the other, illegal is still illegal. However, if a
birddogger is not looking for a property for a particular investor, they are
only performing in behalf of their self, not preforming “for another person.”
Hey, the OP asked for loopholes.
I will reiterate a tremendous point
that others in this thread have made… Don’t let things like this sidetrack you
from growing your business! There are many ways to get started or to grow, don’t
get pidgin holed into just one of them. If birddogging seems illegal to you,
don’t do it. Simple as that. Nothing tears away more than a guilty conscience
or fear of those flashing blue lights. There are many more ways to progress in
this industry.
It is a rarity that I put up a
disclaimer, but since sometimes tone does not convey well via internet forums,
I will do so here for the readers by saying that Jack Martin Jr. as well as
Jack Martin Sr. (Jack, I think your dad is awesome.) have both helped me out
personally. I have the utmost respect for Jack and love the no nonsense
attitude he has. Please take his words under heavy consideration.
