Your WEBSITE is the first thing the SEC will look at if they think you are doing something wrong!
If you advertise on your website to find private lenders without registering your security, you could end up with a TON of problems.
At least that is what I’ve been told by my SEC attorney.
I’ve seen some real estate investors’ websites that include information about borrowing money from private lenders. Just so you know, I’m not an attorney, nor do I provide legal advice. So I had to ask an attorney about the parameters of putting this information on websites.
What he told me was that advertising to attract private lenders on a website is a violation of the SEC guidelines in every state (and Canada) unless the real estate investor has registered with their state’s division of the SEC. Plus, if you are doing business in more than one state, you also need to list any and all of the states where you want to attract private lenders. Do this wrong and you could get in serious trouble.
Let me repeat that:
- In every state, advertising is not allowed unless you are registered with your state’s SEC office. Seeking private lenders via your website is considered advertising.
Real estate investors — especially new investors — believe they can just go ahead and advertise to find private lenders. Heck, with the internet, eBay and Craig’s list it would seem like the logical thing to do. They also see ads from banks and other lending institutions so it looks like it’s okay. One of the saddest things I’ve seen is a real estate trainers telling their students to go ahead and advertise.
But you CAN’T ADVERTISE TO FIND PRIVATE LENDERS UNLESS YOU REGISTER.
Many times I have seen a disconnect between what is required by the SEC and a lack of understanding, or knowledge, on the part of real estate investors.
That gave me an idea.
To resolve this disconnect for real estate investors, I asked my SEC attorney if he could create a website template for each state and for each different scenario, so folks could be in SEC compliance and use their websites properly.
He came up with three simple templates for each state.
The first template is for real estate investors who are in an exempt category and can only borrow money from folks they have a prior relationship with, that live in their state and whose money is invested in that same state.
The second template is for the folks who have registered with their state’s SEC so they can advertise to attract lenders within their state for investments within their state.
The third template is for the folks who have registered with the SEC and are therefore able to cross state lines.
Now, you only need to post one of the completed templates on your website, but over time you may move from one scenario to another. We have packaged ALL of them in one zip file that you can download. So if things change for you in the future, you are covered — just load the next template when you are ready for it.
The templates my SEC attorney created are in HTML format that you can post directly to your website. They clearly explain what level you are in for your state so that you remain in compliance with the SEC. You get all three templates for your state so you can pick the one for you, fill in your company name and you’re good to go.
WARNING: If You Don’t Take This Easy Step to Stay in SEC Compliance Things Could Get Real Ugly, Real Fast!
Did you know? If you don’t post the proper disclaimers, the SEC could notify all of your private lenders that you are not in compliance… or worse, they could issue you a cease and desist order… or, still worse, they could charge you with fraud!
Well, they can do all of that and much more. That’s why it’s important that you take the easy steps required to stay in SEC compliance – and quite possibly the easiest step you can take is to download our website disclaimer for your state!
Here’s the bottom line:
I believe that using private lenders is the way to go when you need funding for your real estate deals. It’s the best, easiest, and least expensive way to fund your deals. That’s why many of the rich successful national real estate speakers use private lenders.
But you must stay in SEC compliance, which is not hard to do: it starts with having the right disclaimers on your website. So don’t delay, click on your state in the map on this page today!
- Website disclaimer templates #2 and #3 are for those of you who have registered with the SEC.
- Website disclaimer template #1 is a must for folks who are not registered with the SEC.
Everyone is covered!
It is definitely worth the very minimal cost to be safe and to be able to sleep worry-free!
To Help Ensure You Stay in SEC Compliance the Fast, Easy, Inexpensive Way…
Download Our Attorney-Prepared WEBSITE DISCLAIMER for Your State!
Trust me, you don’t want to get on the SEC’s bad side, and if your website currently has a page on private lending (without the necessary legal disclaimers) you could be at risk of doing just that!
But, lucky for you, my SEC attorney has an easy fix for you.
Dirt cheap at $35
Simply click on your state in the map on this page and then click the blue "info" icon when it zooms in. You’ll then be able to purchase our attorney-prepared website disclaimer for your state.
NOTE: After purchase, please provide the downloaded zip file to your web developer or web host. You'll be able to personalize the website content by editing the xml files found in the data folder.