Oct. 23, 2020
With respect to a Tier II Finder under the proposed safe harbor, would a real estate broker for the issuer, who is hired by the issuer to broker the purchase of real estate incident to a real estate syndication, be precluded from such safe harbor? Some reasons for the question are the following stated requirements of the safe harbor: "The Finder does not engage in general solicitation" - is the general solicitation restriction only applicable to solications referencing a financial raise transaction as opposed to solicitations of real estate with respect to real estate brokerage activities in general; and "Finder does not provide advice as to the valuation or advisability of the investment; and (iv) arranging or participating in meetings with the issuer and investor" - again, are these restrictions topically specific to the financial raise or general to anything concerning the issuer's and the investor's interests Thanks, ----------------------------------------- Andrew M. Lieb, Esq., MPH Managing Attorney Lieb at Law, P.C.