Option to purchase agreements are a relatively ‘lower risk’ way to buy land.
I’m wondering about the so called ‘gray area’ that a buyer on an option is treading when they include a “POA to market and show the property”. The gray area being, those things that only a licensed agent is permitted to do by state law.
I’m assuming if you specifically spell out, in the option contract, that the seller grants the buyer (which would be you, the option writer and land investor) the permission and POA to market and show the property, that that is legit as far as state real estate laws go,
Many real estate laws and codes state that in order to sell or market a property you have to be licensed. But in the POA case, the seller is simply giving the buyer the POA to list it ( on a flat fee MLS listing service, or FB market place, for two examples)
Has anyone done these and/or in your experience or knowledge is this a legitimate way to construct an option agreement and subsequently market it, if one is unlicensed?
I’m mostly wondering about how this would be interpreted by most states and would they view it as generally acceptable to do and not “crossing the line” into what only a licensed agent should be able to do?