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Would this constitute an offer to practice in your state?

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(@jon-payne)
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I received the following letter from a real estate office that I do a good deal of surveying for. The same letter was sent to all of the local realtors that I am aware of. All but one of the real estate offices threw it away and told me something seemed wrong about it (I work with a good batch of local Realtors). One kept the letter to give to me.

I think I have removed all of the identifying information. I would not want the name out based on my opinion that the letter is an offer for the unlicensed practice of surveying despite the disclaimers.

 
Posted : July 9, 2012 11:01 am
(@sicilian-cowboy)
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If it walks like a duck.........:-(

 
Posted : July 9, 2012 11:03 am
(@r-michael-shepp)
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In my opinion yes.

 
Posted : July 9, 2012 11:04 am
(@andy-j)
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Holy heck that is crazy! I'm confused why you would NOT want to out this crook?

and really, $10 or 12 per hour? that's a joke right?

 
Posted : July 9, 2012 11:05 am
(@davidalee)
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Yes that would definitely be an offer to practice land surveying by an unlicensed individual.

 
Posted : July 9, 2012 11:05 am
(@jimmy-cleveland)
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Yes, I believe that those actions would be in violation of state law in Tennessee.

 
Posted : July 9, 2012 11:05 am
 VH
(@vh)
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Beat me to it. I was going to say, if it looks like a pig...

Do what you feel is necessary. eg. copy of that letter to the BOR, or just a phone call to this guy to let him know what's what.

-V

 
Posted : July 9, 2012 11:06 am
(@j-penry)
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Yes. Someone needs to spell out to him the liability he is assuming by finding the wrong monuments, pieces of junk, etc. Have a house built over a line or setback and I think this would cure his little hobby of being a wannabe surveyor pretty quickly.

 
Posted : July 9, 2012 11:11 am
(@jon-payne)
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> Holy heck that is crazy! I'm confused why you would NOT want to out this crook?
>
> and really, $10 or 12 per hour? that's a joke right?

Andy,

I did not say I do not want to out him. I just do not see it as appropriate for me to be judge, jury, and executioner. I have submitted the info to the Kentucky board and will leave the ultimate decision to them. If the outcome is in line with my opinion, then the outing will be in the form of a published disciplinary action.

Even without having to pay for general liability, E&O, business auto, equipment, etc... insurance., SE taxes, business licensing, real equipment, consumables, and other overhead and on and on -

I do not see how $10/ hour is worthwhile. Especially when he specifically excludes some of the overhead expenses.

 
Posted : July 9, 2012 11:13 am
(@ric-moore)
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Yes. We see this sort of thing in complaint cases all the time at the California Board.

 
Posted : July 9, 2012 11:15 am
(@paulplatano)
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Sounds like the guy I met in the courthouse with the kids with iphones.

 
Posted : July 9, 2012 11:19 am
(@andy-j)
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Got ya! thanks for the clarification. good luck.

 
Posted : July 9, 2012 11:44 am
(@cliff-mugnier)
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How could this person think that he's NOT offering Land Surveying services?

 
Posted : July 9, 2012 11:51 am
(@norman-oklahoma)
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> I received the following letter from a real estate office ...

I don't know just what my state boards would say. I definitely think that this letter should be forwarded to your board so they can decide what to say.

Q. If you call the tail a leg how many legs would a sheep have?
A. Four. Calling the tail a leg doesn't make it a leg.

 
Posted : July 9, 2012 11:56 am
(@rich-leu)
Posts: 850
 

In Iowa, yes.

 
Posted : July 9, 2012 12:11 pm
(@larry-p)
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100% without question YES, that is offering to provide land surveying services.

We had a similar situation arise here a few years back. The company was formed by some folks who used to work for a PLS who retired and sold the company to an out of the area firm.

The out of the area firm brought in their own folks so the now out of work former employees decided to start a company that "does not survey" we "only locate property lines".

Well duh, how exactly does one locate property lines (or corners) without a survey? The answer is, you do not. Our board acted swiftly and in very short order these folks were out of business. Hope the same happens to whomever the person who wrote the letter you posted.

Larry P

 
Posted : July 9, 2012 12:31 pm
(@eapls2708)
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Didn't have to get past the 3rd paragraph before he was clearly offering land surveying services.

 
Posted : July 9, 2012 12:49 pm
(@dallas-morlan)
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Yes it would in Ohio! Deed research MIGHT not but that would depend. If there was a report generated that evaluated the sufficiency of the descriptions it might cross the line also.

 
Posted : July 9, 2012 12:52 pm
(@deleted-user)
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Yes from Florida.

“Property corner location assistance”

IMHO, property corner location, whether embellished with “assistance” or not is called Land Surveying.

Have a great week! B-)

 
Posted : July 9, 2012 12:53 pm
(@ralph-high)
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the sad thing is that the people who hire a guy like this are the same ones that want to argue with a real surveyor.

 
Posted : July 9, 2012 1:03 pm
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