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randian

Things to avoid when consulting?

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Given the somewhat fuzzy boundary between L/O consulting and practicing law, I thought I'd ask. I'm in Florida too, btw. For example, can I show the customer how to fill in the contract, or give them a pre-filled sample contract? Heck, is the mere suggestion that "it's a good contract" or "these paragraphs protect you" offering a legal opinion, and thus practicing law? And I recall there are some occasions where there's a fuzzy boundary with unlicensed practice of real estate, even if you aren't getting a commission (realtors have to protect their monopoly too).

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Given the somewhat fuzzy boundary between L/O consulting and practicing law, I thought I'd ask. I'm in Florida too, btw. For example, can I show the customer how to fill in the contract, or give them a pre-filled sample contract? Heck, is the mere suggestion that "it's a good contract" or "these paragraphs protect you" offering a legal opinion, and thus practicing law? And I recall there are some occasions where there's a fuzzy boundary with unlicensed practice of real estate, even if you aren't getting a commission (realtors have to protect their monopoly too).

 

I have yet to do a LO, so this is just my opinion, but you should disclaim yourself just like I did. I don't see a problem with the sample contracts or even pointing out that this paragraph is supposed to protect you by doing this and that. BUT I would say something like, "I am not a lawyer and can't give legal advice, but these are the contracts I use. You are free to run this by YOUR lawyer" Most people won't want to spend the bucks and will go on your word that they are good. If you really want to cover your ass, make them sign a paper stating they understand that you can't and are not giving legal advise and they are free, maybe even encouraged to have the contracts looked over by their lawyer. Keep it short so it doesn't scare them off......now, let's see how the experienced folks respond :blush:

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