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INTRODUCTION



In these tight economic times, people are more cost conscious than ever.

Everyone is searching for ways to save money any way they can and, for some,
hiring and patronizing unlicensed contractors seems like an easy, risk-free way
to cut expenses, whether it’s on home improvement projects, cosmetic and
personal care, or even medical and dental procedures. The list is substantial.

This book will give you an important look into what types of professions are
regulated and why, and includes details of some very real horror stories that
have transpired by the use of unlicensed professionals where not only financial
disaster resulted but also personal tragedy—injury, disfigurement and, in some
cases, even death. There is no such thing as a risk-free unlicensed professional.

When you finish reading this short eBook, you will be able to assess many of the
risk factors involved in using an unlicensed professional. Inside are tips on how
to determine whether a contractor is indeed licensed and how to verify that the
license is not only current but also legitimate.

Unlicensed “professionals” will tell you that the only reason they don’t have a
license is to be able to offer you lower prices while vigorously asserting that they
can provide the same quality as a licensed professional. But when you cut
corners to save money by using their services, you may not realize that, in order
to make a profit, they’re cutting corners too.

The reason they can do this is because, by being unlicensed, they dodge the
normal expenses of a legally run business, and that extends to insurance and
hiring licensed workers. Unlicensed (and therefore illegal) contractors do not
have quality or safety standards to which they must adhere.

When you use a legal contractor, you have legal recourse to sue for
compensation in the event of negligence, poor performance or other misconduct.
And they carry liability insurance to cover the damage claims.

When you use an unlicensed contractor, if he or she fails to provide an
acceptable level of work, your likelihood of recouping your damages, subsequent
repair and other out of pocket expenses are next to nil.

Both state and federal governments will tell you that the reason licensing
requirements exist is to guarantee a level of protection for the consumer.
Possessing a professional license means that the contractor has undergone
sufficient certified training to provide you with not just a higher standard of
work but also insurable work, so that if anything goes wrong, you are protected
and can be reimbursed for damages.
It also means that they are skilled in all the health and safety aspects of the work
they do in order to safeguard your health and safety. After all, you are the one
who has to live with the end result!

In many states, operating without a license is a felony and subject to hefty fines
and other penalties.

There are, however, other aspects to choosing a licensed contractor over an
unlicensed one that you may not have considered, such as background checks.
When you use an unlicensed contractor, you have no way of assessing their
competency, whether or not they know what they’re doing, and if serious
problems have arisen from their work in the past. You have no assurance they
won’t take your money and walk away from a partially finished job, leaving you
the added expense of hiring someone else to finish it. The newspapers are filled
with tales of such fraudulent behavior.

When you use a licensed professional, you have the added assurance that a
criminal background check has been performed, so that you are not
inadvertently permitting a potential predator or former felon from crossing the
threshold of your home and putting you, your loved ones and your beloved home
at risk.

If you are tempted to try to do the work yourself and avoid using a contractor,
licensed or unlicensed, it’s important to obey the law and obtain any permits
necessary for such work. The penalties for doing any sort of home improvement
project that requires a building inspection to certify the work has been done
safely and correctly can be quite stiff. Don’t take the chance. Stay on the right
side of the law.

Isn’t it worth doing your homework before beginning a major (or even relatively
minor) home improvement project? Using www.LicenseCheck.com provides you
with the security and peace of mind that you need before hiring any contractor
or service provider.
Chapter One

                           WHAT IS A LICENSE?



A professional operating license is the authorization to practice a particular skill
or profession, and to represent oneself by use of a professional title (e.g., dentist,
doctor, electrician, plumber, landscape architect, etc.).

A license is often granted for the professional lifetime of the license holder until
and unless it has been annulled, suspended or revoked by the state that has
granted it. Each state within the United States dictates what professions require
operating licenses and typically require each license holder to renew their
license after a set amount of time, usually two to three years.

Each state government maintains a website on that state’s licensing
requirements, and should list all the occupations requiring a license and what
the licensing criteria is for each profession.

The license applicant generally sends in an application with their personal and
professional information, and corroborating evidence of the satisfaction of such
licensing criteria, including but not limited to schools, testing agencies, board
certifiers, other licensing authorities and employers.

State licensing offices require certified copies of such documents bearing the
original signature of each organization’s official, which must be dispatched
directly from the organization to ensure accuracy and legitimacy. The state
licensing office may, on its own initiative, contact organizations to verify
authenticity before granting a license.

In addition to verifying that the licensee possesses the necessary accreditation
and skill sets for the chosen profession, each state has established a general code
of conduct for all licensees, with an accompanying law outlining professional
misconduct.

Professional misconduct is generally defined as the failure of a licensed
professional to meet the expected standards of professional practice. Such
professional misconduct behaviors may include but is not limited to:

   •   Negligence and/or incompetence
   •   Practicing beyond the scope of the profession
   •   Permitting an unlicensed person to participate in or perform work
       requiring a license
   •   Refusing services to any client based on race, ethnicity, creed, color, etc.
   •   Physical or sexual abuse
   •   Unauthorized release of confidential information or property
•   Conviction of a crime
   •   Performing unnecessary or unauthorized work
   •   Practicing under the influence of drugs or alcohol

On top of all that, each profession possesses and enforces its own set of rules and
regulations for each established member of said profession. This may include
training and continuing education after a specified time period in order to keep
up with industry enhancements, laws, health and safety codes and concerns, to
name just a few.

All this is done to protect you, the consumer.

Here at www.LicenseCheck.com, we work hard to protect you as well. Before you
use any contractor or service provider, visit us at www.LicenseCheck.com and
verify today whether your future contractor is currently licensed to legally
practice in your state.
Chapter Two

         HOW DO I FIND OUT IF THEY’RE LICENSED?



The simplest way to find out if a contractor is licensed is to ask. In fact, if a
contractor is licensed, he or she will likely be very pleased that you asked and
just as pleased to furnish you with their license number.

License numbers are proudly displayed on websites, paid advertisements,
business cards, invoices and other correspondence, and painted prominently on
the sides and rear of every company vehicle.

Unlicensed contractors will attempt to shrug off your question, telling you they
are licensed but haven’t got their license number with them, claiming that
they’re authorized to operate under someone else’s license, or use a similar
excuse or delaying tactic.

When pressed, they may admit to not having a license and tell you the reason is
to offer you, the consumer, lower prices than any licensed contractor will
provide.

They may also furnish you with an expired or fake license number.

This is one reason why www.LicenseCheck.com provides you the capability to
quickly and accurately search for your contractor by name or license number to
verify whether or not they are in fact currently licensed in their purported
profession.

It is very important before hiring any professional requiring a license to
determine that they hold a valid license and that they are also fully insured. Ask
for their insurance information and verify it.
Chapter Three

         HOME IMPROVEMENT AND CONSTRUCTION
                   CONTRACTORS



Myriad professions come under the umbrella of home improvement and
construction contractors, from builders, electricians and plumbers (including
sewer/septic specialists) to heating, ventilation and air conditioning (HVAC)
specialists, architects, roofers, landscape architects and more.

Nowhere, arguably, have there been more reports in the news about the perils of
using unlicensed contractors than in the realm of construction and home
improvement.

Fraud abounds and unethical professionals prey on the weak, the unsuspecting,
the elderly, the disabled, those for whom English is a second language (or do not
speak it at all) and especially those in neighborhoods or regions which have
recently suffered from major widespread disasters such as hurricanes,
tornadoes, floods and wildfires.

In November 2010, Ben Jones, an unlicensed builder in Tampa, Florida, was
arrested when he defrauded a homeowner of nearly $20,000 who had hired
Jones to build an addition to his house. The homeowner reported Jones to police
when Jones failed to return and finish the job. Jones was released after posting
$4,000 bail on felony counts of working as an unlicensed contractor. At the time,
he was already serving one year of probation for a similar charge. If he had
applied for a license, this would have been uncovered in the background check
and the license application denied.

Although licensed professionals certainly advertise their services, they do not
typically go door to door soliciting work. Much has been made of the purported
professional who rings your doorbell to say that he’s working nearby and,
because you’re in the neighborhood, he can give you an added discount if you
hire him today. Or one who claims he’s stopped because he’s spotted potential
hazards on your property.

If you fear it’s rude to just close the door in their faces, consider thanking them,
asking for their business card, license number, insurance information and office
address and assure them that you’ll be happy to give them a call for a quote after
you’ve checked their information. The odds are they’ll beat a hasty retreat.
Whatever you do, never invite them into your home!

The unfortunate reality is that you can also be an innocent victim of the risks
associated with employing unlicensed contractors. This is why it is imperative
that unlicensed contractors be caught and prevented from operating in your
community!

One Florida evening, in October 1998, 12-year-old Jorgie Cabrera Jr. was walking
to his father’s house when a severe thunderstorm with heavy rain erupted. Jorgie
spotted an illuminated bus shelter nearby and ran for shelter. He never made it
home that night. Jorgie’s family began searching for him when he didn’t arrive as
expected. He was found dead the next morning, face down, badly charred and
crawling with ants.

Victor Garcia and his employer, Eller Media, were brought up on criminal
negligence charges. Eller Media had been contracted to wire the public bus stop
shelter in order to make it safer. Instead, their work made it deadly. Eller Media’s
head electrician, Garcia, who was unlicensed, was dispatched to wire the lighting.
Garcia admitted at trial that he had never possessed a license to work in Florida
as an electrician, despite being employed as head electrician by Eller Media.

Prosecutors claimed Jorge was electrocuted because Garcia had installed a
substandard transformer and that he had cut the grounding rods too short which
failed to ground the bus shelter. A lightning strike in that area had been reported.

The subsequent civil trial seven years after the incident resulted in an award of
$65.1 million in punitive and compensatory damages to the father of the dead
boy because Eller Media was found guilty of hiring unlicensed electricians and
failing to supervise them.

Although you can’t safeguard against such accidents and negligence by
unlicensed contractors hired by other parties, you can be sure that the
professional you hire is in fact licensed to perform his professional duties in the
state in which you reside. Don’t hesitate. Make sure he or she is legitimately
licensed by visiting www.LicenseCheck.com today.
Chapter Four

      MEDICAL AND DENTAL LICENSED PROFESSIONS



As surprising as it may first seem, there have been many horror stories reported
of medical and dental professionals working without licenses. Some have been
previously licensed in foreign countries but were unable to procure a license in
the United States. Others have had their US licenses revoked or suspended for
professional misconduct. Some have never been licensed. Some have never even
been trained.

When you stop and think about it, have you ever actually asked your doctor,
dentist or surgeon whether they’re licensed, board certified or otherwise legally
permitted to work as a health care professional? Probably not!

Few professions seem to require an immediate proffering of trust as the medical
profession does on the part of the patient. Inquiring about licensing seems
insulting to the point that most of us would fear the reaction and disbelief if we
dared ask such a thing, and would not want to face the resulting embarrassment.

Again, as pointed out in Chapter Two, a real professional will never be insulted
by your asking politely to see their credentials. Only an unlicensed practitioner
will find your query problematic and try to avoid having to give you that
information. Professionally licensed doctors and dentists are as concerned as
you are that there are unlicensed individuals putting you at risk by practicing
medicine, dentistry and other health-related care.

When you put yourself in the hands of an unlicensed healthcare worker, think
back to the days of such horrors as backstreet abortion providers who
sometimes used unsterilized kitchen implements in unsanitary conditions and
left behind a trail of permanently damaged victims, some not to survive. Is this
really the chance you want to take with your own and your family’s health care?
Your life?

In 2010 in Bucks County, Pennsylvania, a lawsuit was filed against Floyd C. Heck
Jr. and his business, J & K Dental Lab after he’d already been ordered to stop
doing unlicensed dental work based on accusations he had been manufacturing,
selling and fitting dentures without proper licensing and registration from the
State Board of Dentistry and Department of Health.

Heck was also accused of performing dental procedures in “filthy” conditions,
according to one health inspection report by the Department of Health earlier
that year. Complaints of painful, ill-fitting or downright unusable dentures as
well as dentures that had been paid for and never received is what alerted
authorities.
Heck allegedly never wore gloves or washed his hands prior to treating patients,
even purportedly after using the bathroom. Would you want his hands in your
mouth?

What’s really disturbing is the number of patients who willingly patronize these
unlicensed professionals in order to save a few dollars, often for procedures that
aren’t even medically necessary.

In April 2011, Las Vegas resident Elena Caro, who was just 42 years old,
underwent a cosmetic procedure to enhance her buttocks, family said. According
to reports, Caro’s daughter had dropped her off at a two-room office at the rear
of a floor tile store. The daughter watched as her mother received an initial
injection, then left after being told to return several hours later. When she
returned, there was no sign of her mother or the two Columbian nationals,
husband and wife Ruben Dario Matallana-Galvas and Carmen Olfidia Torres-
Sanchez, who performed the surgery. A 911 call led to the discovery of Caro who
had been unceremoniously dumped several miles from the tile store, suffering
tremendous pain and pleading with passersby to call for an ambulance. Caro died
later that night from her botched surgery and police arrested the two
Columbians for murder as they were attempting to board a plane back to
Columbia that same evening.

In another horrific account, a Brazilian plastic surgeon, unlicensed to practice in
the US, pled guilty to involuntary manslaughter in Cambridge, Massachusetts, in
2008. He was responsible for the death two years earlier of 24-year-old Fabiola
DePaula, who died during a bungled liposuction procedure.

The unlicensed surgeon, Luiz Carlos Ribeiro, was a formerly licensed physician in
Brazil and, along with his wife who operated as an unlicensed nurse, had been
operating an underground plastic surgery practice for three years in
Massachusetts, serving the area’s large Brazilian immigrant population. The
victim, DePaula, was also Brazilian. She died three days after her operation due
to post-surgical complications, including pulmonary (fat) emboli in her lungs.
Ribeiro was sentenced to up to three years imprisonment and deportation after
serving his sentence. His wife was deported after serving a one year sentence.

Ironically, just two days before Ribeiro performed this fatal procedure, he had
taped an interview with a local Brazilian community leader warning Brazilian
immigrants of the dangers of seeking medical care from unlicensed,
unauthorized physicians, and counseling them on the risks and precautions of
cosmetic surgeries.

Clearly, Ribeiro had convinced his patients he was licensed to practice medicine,
capitalizing on their trust in him as a physician. He violated that trust.

Don’t let yourself be violated. Ask to see your physician or dentist’s accreditation
and medical license. Check them out first at www.LicenseCheck.com before it’s
too late.
Chapter Five

               LICENSED VETERINARY FACILITIES




Statistics show that Americans love their pets. They have indulged in extensive
pet care and all manner of lavish diet and accommodations to demonstrate the
love they bear for these domestic creatures. Pet insurance has become big
business, and veterinary care, including preventive procedures, is encouraged
and embraced with enthusiasm.

When you take your beloved pet to a veterinary center, you want them to be
treated with the same care and concern that you feel. But did you ever stop to
wonder if the person on the other side of that examination table was actually
licensed and trained?

Probably not. As with doctors and dentists, we automatically extend an
extraordinary level of trust to those donning white lab coats.

Even at veterinary centers, unsuspecting victims have been conned and their
pets subjected to careless treatment by untrained individuals who are frauds.

In Fort Myers, Florida, in 2010, husband and wife team Amy and Larry Gentsch
were arrested, facing up to ten years imprisonment apiece on charges that Amy
Gentsch, a licensed veterinarian, had permitted her husband to practice
veterinary medicine without a license.

Pet owners claimed that Larry Gentsch would regularly appear dressed in scrubs
with a stethoscope around his neck and customarily administered injections
including vaccines, drew blood samples and performed other medical
procedures in front of the pet owners. Several dogs were later put to sleep
stemming from either complications of procedures Gentsch provided or from
substantially diminished quality of life afterwards, the distressed owners
claimed.

As it turned out, Larry Gentsch’s actual training was in air conditioning, however,
in 2000, he was arrested for secretly selling his employer’s air conditioning units
under a fictitious company name and keeping the cash for himself. Two years
later, he pled no contest to five counts of grand larceny and one of petty larceny
and sentenced to a year in jail.

One complainant stated that, when she brought her Chihuahua in for a
vaccination, Larry Gentsch informed her he needed to draw blood as well. She
said he stuck the dog three times, once going right through the skin and out the
other side at which point he stuck his own finger. According to the pet owner,
Gentsch’s finger began to bleed, requiring attention.

Don’t subject your pet to such traumatic experiences. Visit us at
www.LicenseCheck.com and make sure that your veterinary practitioners are
actually licensed and capable of safely and properly performing all appropriate
procedures to ensure the health and safety of your beloved animal.
Chapter Six

  COSMETIC SURGERY AND PERSONAL CARE LICENSED
                PROFESSIONALS




Beauty is big business in the United States and Americans spend billions of
dollars in salons each year. In 2009 alone, more than 2,400 complaints were filed
with the Better Business Bureau ranging from horrendous haircuts to actual
physical injury.

The problem extends not just to unlicensed stylists but even unlicensed salons,
particularly manicure outlets, where sanitary conditions are questionable at best
and stylists are not always properly trained to administer the chemicals they use
on their clients.

One news story reported on the patron of a Miami salon who requested hair
extensions. Unbeknownst to her, the stylist was not licensed. When she emerged
from beneath the hair dryer, she had multiple chemical burns on her scalp, ears
and neck. The stylist had used some form of superglue instead of the customary
hair bonding solution. In addition, the client’s hair turned bright orange. She was
devastated. She later sued the salon and was awarded damages.

On a far more serious note, an unlicensed hairstylist, Martha Vasquez,
administered phony Botox injections to a Salinas, California client who
subsequently died.

A San Jose, California couple were arrested and charged for having performed
plastic surgery without a license, botching at least nine procedures in the kitchen
of their home, where investigators later described as being dirty even by non-
medical standards. The couple performed these surgeries allegedly with
standard kitchen utensils, including liposuction, tummy tucks and even breast
enhancement.

Yet another licensed practitioner was arrested in 2004, this time in Miami, for
administering face plumping injections. Instead of using medical grade filler, she
injected industrial grade silicone, the kind used to lubricate industrial
machinery. In addition, she was sealing the incisions with Krazy Glue®.

If you are offered a beauty treatment or cosmetic surgery at a price that seems
just too good to say no to, well, that probably means you should say no.

Here at www.LicenseCheck.com, we believe that personal health is too important
to risk putting yourself in the hands of an unlicensed, untrained technician. Don’t
risk your own personal safety. Check to see if your technician is licensed by
visiting www.LicenseCheck.com.
Chapter Seven

                  CHILD AND DAY CARE FACILITIES




Over the years, many stories have been told, trials held, sentences pronounced
and childcare facilities shut down due to unlicensed facilities and day care
employees who range from the incompetent or negligent to the physically and
sexually abusive. And yet the stories continue as we persist in placing our
children in the care of untrained caretakers, perhaps more concerned with
convenience than caution.

Why would you entrust your precious child to the care of someone who is
untrained, unlicensed, unsupervised and even potentially dangerous?

A competent facility will do comprehensive background checks on all its
employees in order to weed out pedophiles and other predators, or individuals
with a history of abusive behavior.

It is important to review not only the license of the daycare facility but to ask
about every staff member and what the qualifications and training history are of
each employee. As always, a reputable care center will welcome your questions
and be happy to show you proof of the licensing of all their employees and verify
what background checks have been performed.

In 2010, in Williamson County, Texas, a judge handed down a 20-year sentence
to Scott Hudson, husband of a woman operating an unlicensed daycare center in
her home, for submerging a three-year-old boy’s hands under hot water, which
resulted in third degree burns. The owner, Jennifer Hudson, allegedly called the
child’s mother and suggested she should come and collect him, with no clue as to
the urgency of the situation. The three-year-old boy, Jared, spent 11 days in the
intensive care unit of their local hospital and his hands are permanently scarred.
The child’s mother admitted she’d found the daycare provider on Craigslist and
never checked to see if they were licensed.

Convenience should never trump safety. If you need to find a local daycare
center, check carefully to determine whether they are licensed and their staff has
been subjected to background checks. Here at www.LicenseCheck.com we can
tell you if your daycare center is a licensed facility or not.

It pays to be careful.
Chapter Eight

            YOU NEED A LICENSE TO PRACTICE LAW




Anyone wishing to practice law must first obtain a legal state license to practice
law. It’s that simple. The license represents the fact that this legal practitioner
has graduated from an accredited law school and has passed the bar in the state
in which he or she chooses to practice. Some attorneys are legally licensed to
practice in several states, and may have offices operating in more than one state.

Whether an attorney is licensed or not is something most of us have not given
much thought to, if you’re like the majority of citizens. Attorneys are like doctors
— you don’t spend much time thinking about them until you’re pressed into
needing one. And at that point, you often don’t have the luxury of time to start
doing your homework. You place your trust immediately in the fact that, if they
purport themselves to be a lawyer then surely they must be a legitimate lawyer
in order to stay in business, right? Wrong.

For 10 years, Howard Kieffer, a Minnesota resident, touted himself as a lawyer
and in fact represented clients in federal court in no fewer than 10 states,
defending many up on charges as serious as murder. The Associated Press
reported that one of Kieffer’s clients was a Colorado woman who was
subsequently “convicted of soliciting the murder of her former husband,” and “a
former St. Louis Blues hockey player who pleaded guilty to plotting to kill his
agent.”

Kieffer was well respected and considered to be an authority on sentencing laws
and federal prisons. He has even been quoted on several occasions in major
newspapers and news websites. But that was prior to authorities discovering
that, although he may have practiced as a lawyer in 10 states, he wasn’t legally
licensed to practice in any of them!

As the Duluth News Tribune pointed out, no one disputes his expertise on
prisons—apparently he’s an ex-convict who had previously been convicted of
theft and the deliberate filing of false tax returns and sentenced to five years. But
that wasn’t all of it.

When convicted, the judge iterated Kieffer’s 30-year criminal history beginning
when he was 20 years old — convictions for mail theft of $20,000 worth of
checks; writing bad checks; driving under the influence; grand theft by misusing
his employer’s credit cards; and fraud when he generated a phony deed for the
house of a deceased woman and used it as collateral for loans. Based on this
history, the federal judge hearing the case said she did not feel the sentencing
guidelines were sufficient and hit him with a significantly longer prison term.
Federal court’s a bit different when you’re sitting in the defendant’s seat.

What does this mean for you? Well, in some instances, what was first considered
to be privileged communication between lawyer and client has sometimes been
subsequently ruled to be “unprivileged” as no lawyer existed. Although it’s an
arguable point based on the client’s assumption of privilege, do you really want
to take that chance? Your case should not be compromised because what you
thought was a licensed attorney was in fact a charlatan defrauding you. An
unlicensed lawyer can cause you real pain and suffering and you’ll have little or
no recourse. It pays to ensure your attorney is licensed.

In Wisconsin, a man who impersonated a lawyer was convicted and sentenced to
nearly three years in prison. Apparently Thomas J. Lyon was not only operating a
phony lawyer’s office, but also simultaneously using it to run a prostitution ring.
At the time, he was already on parole in New York after he stole nearly $20,000
from a hotel in New York State.

In this particular case, Lyon had appropriated the license number of a legitimate
lawyer, Thomas Lyons, who possessed a license to practice law in Wisconsin and
was currently residing and legally practicing in Minnesota, unaware of the
deception.

Thus, it’s important to not only verify that your attorney has a legitimate license
number but to be sure that it actually belongs to them, that the contact
information matches that of your attorney. Here at www.LicenseCheck.com we
can do that for you.

Unlicensed lawyers and legal agencies are also known to prey on the innocent.
Much like what you learned in chapter three about unlicensed home
improvement contractors who actively solicit door to door, particularly in areas
that have been recently ravaged by natural disasters, this is also true of
unlicensed legal agencies.

These agencies take unscrupulous advantage of a sudden loss of loved ones,
homes, assets and the confusion that inevitably results, by approaching you to
“help” you resolve your circumstances.

Just days after the massive April 2011 tornado devastation in Alabama, a group
calling itself the Unified Claims Adjusters LLC began offering to make storm-
related claims on behalf of homeowners for a 10 percent contingency fee which
homeowners had to guarantee in writing.

However, the practice of gathering the facts of each claim, valuing them and
negotiating on the homeowners’ behalf is the equivalent to practicing law in
Alabama. As Unified Claims Adjusters LLC was unlicensed, this was illegal. And,
in fact what Unified Claims Adjusters LLC was charging hundreds of dollars for
could have just as easily been accomplished online or by phone with FEMA
directly, in about 20 minutes. FEMA’s cost? Free.
Don’t let an unlicensed lawyer or legal agency take advantage of you. Always use
a legally licensed attorney or agency to protect your interests. Check out
www.LicenseCheck.com today to make sure your lawyer is currently licensed to
practice in your state.
Chapter Nine

           IS YOUR REAL ESTATE AGENT LICENSED?




And does it really matter? Yes, it does.

State departments governing real estate aggressively investigate any and all
complaints against not just unlicensed real estate persons but also licensed real
estate professionals. In some states, practicing real estate without a license is a
felony.

Typically, you must possess a real estate license if you engage in the following
without possessing a personal interest in the property in question: advertising,
buying, exchanging, negotiating a purchase or sale, procurement of buyers
and/or sellers, property appraisal, and leasing/renting.

When you work with a licensed real estate professional, they are subject to the
standard code of ethics of their state in order to protect you, the consumer.

If you are a seller, you are entrusting the agent with the key and access to your
personal property. Licensed real estate agents install lockboxes on the property
that provide a lockbox record of all the comings and goings of users. If you are
selling directly instead of using a listing agent, you are vulnerable to any stranger
who walks in off the street and professes to have an interest in purchasing your
home.

If you are the buyer, you are entrusting the agent to protect your interests
against unscrupulous sellers who might try to shop your offer in order to create
an auction environment, something that is illegal in most states. In addition, a
licensed real estate agent is required to ensure that basic representations such as
square footage are reasonably accurate. What is to keep a dishonest seller from
claiming that a 3000-square-foot house is actually 4,000 square feet? Are you,
the buyer, going to measure each and every room? Probably not. But the licensed
listing agent will. Otherwise it’s often a buyer beware situation, leaving you with
little or no recourse after the sale closes.

When it comes time to make a good faith deposit and you are using an unlicensed
agent or dealing with the seller directly, you may be pressed into having the
deposit held either directly by the seller or the seller’s attorney. If problems later
arise where you want to reclaim your deposit, the seller can refuse or instruct
the attorney to withhold the release of your moneys, which means you will be
forced to incur added legal costs in order to sue for the return of your deposit.
Sellers often don’t realize their legal liability to disclose previous repair history
or problems that exist with the property and may think it’s perfectly acceptable
to patch over that crack in the foundation and not mention it. Surely they don’t
need to tell you the basement floods periodically if there’s no apparent damage
and you can’t figure that out yourself, right? Wrong.

Equally, a seller must inform buyers of any past criminal activity that occurred in
the house. If you found out after the sale when chatting with a neighbor that a
previous owner had been murdered inside your new home or some other violent
crime had been committed on the premises, would you feel the same way about
living there? You might. But you might not. A legally licensed real estate agent
will ensure that sellers make all the necessary disclosures when selling their
house.

As a prospective buyer, using a licensed real estate agent (and licensed real
estate attorney if your state requires it) means that you will sign a contract that
does not provide any loopholes for the seller to back out before the closing date
simply because the seller has received a slightly higher offer from someone else.
Legally licensed real estate brokerages use standard real estate contracts
designed to protect both buyer and seller without bias.

These are just a few of the reasons that both buyers and sellers should use
licensed real estate brokers and agents when buying or selling a property.

If you’re not sure if your agent is licensed, or want to be certain that the license is
still current, visit us at www.LicenseCheck.com. Be confident in knowing that
your real estate professional is, in fact, licensed for business. Protect your
interests now.
Chapter Ten

                                  EPILOGUE




By now, there should be no doubt in your mind that ensuring that the
professional you use to represent you, to care for yourself, your loved ones and
your home, is licensed to practice what you pay them to do is of paramount
importance.

Before you sign on the dotted line and especially before you hand over that initial
advance payment, make sure the person you’re dealing with is legally licensed so
that you have assurances that they are required to operate in a straightforward
and honest manner and that a criminal past is not lurking in their background.
Ask for their contractor, medical, dental or other professional license number
and verify that it belongs to them.

LicenseCheck.com is always here when you need to confirm that your contractor
is licensed.

Beware. Be safe. Be sure. At www.LicenseCheck.com we give you that peace of
mind.
LICENSED PROFESSIONS




While by no means exhaustive, this is a guide to many of the types of professions
likely to require a license in the state in which you live.

Acupuncturists                                 Nursing Home Administrators
Architects                                     Occupational Therapists
Athletic Trainers                              Optometrists
Barbers                                        Orthotists, Prosthetists, Pedorthists
Barber and Cosmetology Salons/Shops            Perfusionists (medical technician)
Child/Daycare Facilities                       Pharmacists/Pharmacies
Chiropractors                                  Pharmacy Technicians
Collection Agencies                            Physical Therapists
Controlled Substances                          Physicians and Surgeons
Cosmetologists                                 Physician Assistants
Dentists/Dental Hygienists                     Podiatric Physicians
Dietitian Nutritionists                        Private Alarm Contractors/Agencies
Electrologists (electrolysis technicians)      Private Detectives/Agencies
Environmental Health Practitioners             Private Security Contractors
Estheticians                                   Private Security Agencies
Funeral Directors and Embalmers                Professional Boxing
Geologists                                     Professional Counselors
Home Medical Equipment and Service Provider    Professional Engineers
Humane Euthanasia Technicians                  Professional Service Corporations
Interior Designers                             Psychologists (Clinical)
Land Surveyors                                 Public Accountants
Landscape Architects                           Respiratory Care Practitioners
Locksmiths & Agencies                          Roofing Contractors
Mail Order Ophthalmic Providers                Shorthand Reporters
Marriage and Family Therapists                 Social Workers
Massage Therapists                             Pathologists
Medical Corporations                           Speech-Language Audiologists
Nail Technicians                               Structural Engineers
Naprapaths                                     Veterinarians/Vet Technicians
Nurses (LPN, RN, APN)                          Wholesale Drug Distributors

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License Check - Check the License of Professionals Before You Hire Them

  • 1. INTRODUCTION In these tight economic times, people are more cost conscious than ever. Everyone is searching for ways to save money any way they can and, for some, hiring and patronizing unlicensed contractors seems like an easy, risk-free way to cut expenses, whether it’s on home improvement projects, cosmetic and personal care, or even medical and dental procedures. The list is substantial. This book will give you an important look into what types of professions are regulated and why, and includes details of some very real horror stories that have transpired by the use of unlicensed professionals where not only financial disaster resulted but also personal tragedy—injury, disfigurement and, in some cases, even death. There is no such thing as a risk-free unlicensed professional. When you finish reading this short eBook, you will be able to assess many of the risk factors involved in using an unlicensed professional. Inside are tips on how to determine whether a contractor is indeed licensed and how to verify that the license is not only current but also legitimate. Unlicensed “professionals” will tell you that the only reason they don’t have a license is to be able to offer you lower prices while vigorously asserting that they can provide the same quality as a licensed professional. But when you cut corners to save money by using their services, you may not realize that, in order to make a profit, they’re cutting corners too. The reason they can do this is because, by being unlicensed, they dodge the normal expenses of a legally run business, and that extends to insurance and hiring licensed workers. Unlicensed (and therefore illegal) contractors do not have quality or safety standards to which they must adhere. When you use a legal contractor, you have legal recourse to sue for compensation in the event of negligence, poor performance or other misconduct. And they carry liability insurance to cover the damage claims. When you use an unlicensed contractor, if he or she fails to provide an acceptable level of work, your likelihood of recouping your damages, subsequent repair and other out of pocket expenses are next to nil. Both state and federal governments will tell you that the reason licensing requirements exist is to guarantee a level of protection for the consumer. Possessing a professional license means that the contractor has undergone sufficient certified training to provide you with not just a higher standard of work but also insurable work, so that if anything goes wrong, you are protected and can be reimbursed for damages.
  • 2. It also means that they are skilled in all the health and safety aspects of the work they do in order to safeguard your health and safety. After all, you are the one who has to live with the end result! In many states, operating without a license is a felony and subject to hefty fines and other penalties. There are, however, other aspects to choosing a licensed contractor over an unlicensed one that you may not have considered, such as background checks. When you use an unlicensed contractor, you have no way of assessing their competency, whether or not they know what they’re doing, and if serious problems have arisen from their work in the past. You have no assurance they won’t take your money and walk away from a partially finished job, leaving you the added expense of hiring someone else to finish it. The newspapers are filled with tales of such fraudulent behavior. When you use a licensed professional, you have the added assurance that a criminal background check has been performed, so that you are not inadvertently permitting a potential predator or former felon from crossing the threshold of your home and putting you, your loved ones and your beloved home at risk. If you are tempted to try to do the work yourself and avoid using a contractor, licensed or unlicensed, it’s important to obey the law and obtain any permits necessary for such work. The penalties for doing any sort of home improvement project that requires a building inspection to certify the work has been done safely and correctly can be quite stiff. Don’t take the chance. Stay on the right side of the law. Isn’t it worth doing your homework before beginning a major (or even relatively minor) home improvement project? Using www.LicenseCheck.com provides you with the security and peace of mind that you need before hiring any contractor or service provider.
  • 3. Chapter One WHAT IS A LICENSE? A professional operating license is the authorization to practice a particular skill or profession, and to represent oneself by use of a professional title (e.g., dentist, doctor, electrician, plumber, landscape architect, etc.). A license is often granted for the professional lifetime of the license holder until and unless it has been annulled, suspended or revoked by the state that has granted it. Each state within the United States dictates what professions require operating licenses and typically require each license holder to renew their license after a set amount of time, usually two to three years. Each state government maintains a website on that state’s licensing requirements, and should list all the occupations requiring a license and what the licensing criteria is for each profession. The license applicant generally sends in an application with their personal and professional information, and corroborating evidence of the satisfaction of such licensing criteria, including but not limited to schools, testing agencies, board certifiers, other licensing authorities and employers. State licensing offices require certified copies of such documents bearing the original signature of each organization’s official, which must be dispatched directly from the organization to ensure accuracy and legitimacy. The state licensing office may, on its own initiative, contact organizations to verify authenticity before granting a license. In addition to verifying that the licensee possesses the necessary accreditation and skill sets for the chosen profession, each state has established a general code of conduct for all licensees, with an accompanying law outlining professional misconduct. Professional misconduct is generally defined as the failure of a licensed professional to meet the expected standards of professional practice. Such professional misconduct behaviors may include but is not limited to: • Negligence and/or incompetence • Practicing beyond the scope of the profession • Permitting an unlicensed person to participate in or perform work requiring a license • Refusing services to any client based on race, ethnicity, creed, color, etc. • Physical or sexual abuse • Unauthorized release of confidential information or property
  • 4. Conviction of a crime • Performing unnecessary or unauthorized work • Practicing under the influence of drugs or alcohol On top of all that, each profession possesses and enforces its own set of rules and regulations for each established member of said profession. This may include training and continuing education after a specified time period in order to keep up with industry enhancements, laws, health and safety codes and concerns, to name just a few. All this is done to protect you, the consumer. Here at www.LicenseCheck.com, we work hard to protect you as well. Before you use any contractor or service provider, visit us at www.LicenseCheck.com and verify today whether your future contractor is currently licensed to legally practice in your state.
  • 5. Chapter Two HOW DO I FIND OUT IF THEY’RE LICENSED? The simplest way to find out if a contractor is licensed is to ask. In fact, if a contractor is licensed, he or she will likely be very pleased that you asked and just as pleased to furnish you with their license number. License numbers are proudly displayed on websites, paid advertisements, business cards, invoices and other correspondence, and painted prominently on the sides and rear of every company vehicle. Unlicensed contractors will attempt to shrug off your question, telling you they are licensed but haven’t got their license number with them, claiming that they’re authorized to operate under someone else’s license, or use a similar excuse or delaying tactic. When pressed, they may admit to not having a license and tell you the reason is to offer you, the consumer, lower prices than any licensed contractor will provide. They may also furnish you with an expired or fake license number. This is one reason why www.LicenseCheck.com provides you the capability to quickly and accurately search for your contractor by name or license number to verify whether or not they are in fact currently licensed in their purported profession. It is very important before hiring any professional requiring a license to determine that they hold a valid license and that they are also fully insured. Ask for their insurance information and verify it.
  • 6. Chapter Three HOME IMPROVEMENT AND CONSTRUCTION CONTRACTORS Myriad professions come under the umbrella of home improvement and construction contractors, from builders, electricians and plumbers (including sewer/septic specialists) to heating, ventilation and air conditioning (HVAC) specialists, architects, roofers, landscape architects and more. Nowhere, arguably, have there been more reports in the news about the perils of using unlicensed contractors than in the realm of construction and home improvement. Fraud abounds and unethical professionals prey on the weak, the unsuspecting, the elderly, the disabled, those for whom English is a second language (or do not speak it at all) and especially those in neighborhoods or regions which have recently suffered from major widespread disasters such as hurricanes, tornadoes, floods and wildfires. In November 2010, Ben Jones, an unlicensed builder in Tampa, Florida, was arrested when he defrauded a homeowner of nearly $20,000 who had hired Jones to build an addition to his house. The homeowner reported Jones to police when Jones failed to return and finish the job. Jones was released after posting $4,000 bail on felony counts of working as an unlicensed contractor. At the time, he was already serving one year of probation for a similar charge. If he had applied for a license, this would have been uncovered in the background check and the license application denied. Although licensed professionals certainly advertise their services, they do not typically go door to door soliciting work. Much has been made of the purported professional who rings your doorbell to say that he’s working nearby and, because you’re in the neighborhood, he can give you an added discount if you hire him today. Or one who claims he’s stopped because he’s spotted potential hazards on your property. If you fear it’s rude to just close the door in their faces, consider thanking them, asking for their business card, license number, insurance information and office address and assure them that you’ll be happy to give them a call for a quote after you’ve checked their information. The odds are they’ll beat a hasty retreat. Whatever you do, never invite them into your home! The unfortunate reality is that you can also be an innocent victim of the risks associated with employing unlicensed contractors. This is why it is imperative
  • 7. that unlicensed contractors be caught and prevented from operating in your community! One Florida evening, in October 1998, 12-year-old Jorgie Cabrera Jr. was walking to his father’s house when a severe thunderstorm with heavy rain erupted. Jorgie spotted an illuminated bus shelter nearby and ran for shelter. He never made it home that night. Jorgie’s family began searching for him when he didn’t arrive as expected. He was found dead the next morning, face down, badly charred and crawling with ants. Victor Garcia and his employer, Eller Media, were brought up on criminal negligence charges. Eller Media had been contracted to wire the public bus stop shelter in order to make it safer. Instead, their work made it deadly. Eller Media’s head electrician, Garcia, who was unlicensed, was dispatched to wire the lighting. Garcia admitted at trial that he had never possessed a license to work in Florida as an electrician, despite being employed as head electrician by Eller Media. Prosecutors claimed Jorge was electrocuted because Garcia had installed a substandard transformer and that he had cut the grounding rods too short which failed to ground the bus shelter. A lightning strike in that area had been reported. The subsequent civil trial seven years after the incident resulted in an award of $65.1 million in punitive and compensatory damages to the father of the dead boy because Eller Media was found guilty of hiring unlicensed electricians and failing to supervise them. Although you can’t safeguard against such accidents and negligence by unlicensed contractors hired by other parties, you can be sure that the professional you hire is in fact licensed to perform his professional duties in the state in which you reside. Don’t hesitate. Make sure he or she is legitimately licensed by visiting www.LicenseCheck.com today.
  • 8. Chapter Four MEDICAL AND DENTAL LICENSED PROFESSIONS As surprising as it may first seem, there have been many horror stories reported of medical and dental professionals working without licenses. Some have been previously licensed in foreign countries but were unable to procure a license in the United States. Others have had their US licenses revoked or suspended for professional misconduct. Some have never been licensed. Some have never even been trained. When you stop and think about it, have you ever actually asked your doctor, dentist or surgeon whether they’re licensed, board certified or otherwise legally permitted to work as a health care professional? Probably not! Few professions seem to require an immediate proffering of trust as the medical profession does on the part of the patient. Inquiring about licensing seems insulting to the point that most of us would fear the reaction and disbelief if we dared ask such a thing, and would not want to face the resulting embarrassment. Again, as pointed out in Chapter Two, a real professional will never be insulted by your asking politely to see their credentials. Only an unlicensed practitioner will find your query problematic and try to avoid having to give you that information. Professionally licensed doctors and dentists are as concerned as you are that there are unlicensed individuals putting you at risk by practicing medicine, dentistry and other health-related care. When you put yourself in the hands of an unlicensed healthcare worker, think back to the days of such horrors as backstreet abortion providers who sometimes used unsterilized kitchen implements in unsanitary conditions and left behind a trail of permanently damaged victims, some not to survive. Is this really the chance you want to take with your own and your family’s health care? Your life? In 2010 in Bucks County, Pennsylvania, a lawsuit was filed against Floyd C. Heck Jr. and his business, J & K Dental Lab after he’d already been ordered to stop doing unlicensed dental work based on accusations he had been manufacturing, selling and fitting dentures without proper licensing and registration from the State Board of Dentistry and Department of Health. Heck was also accused of performing dental procedures in “filthy” conditions, according to one health inspection report by the Department of Health earlier that year. Complaints of painful, ill-fitting or downright unusable dentures as well as dentures that had been paid for and never received is what alerted authorities.
  • 9. Heck allegedly never wore gloves or washed his hands prior to treating patients, even purportedly after using the bathroom. Would you want his hands in your mouth? What’s really disturbing is the number of patients who willingly patronize these unlicensed professionals in order to save a few dollars, often for procedures that aren’t even medically necessary. In April 2011, Las Vegas resident Elena Caro, who was just 42 years old, underwent a cosmetic procedure to enhance her buttocks, family said. According to reports, Caro’s daughter had dropped her off at a two-room office at the rear of a floor tile store. The daughter watched as her mother received an initial injection, then left after being told to return several hours later. When she returned, there was no sign of her mother or the two Columbian nationals, husband and wife Ruben Dario Matallana-Galvas and Carmen Olfidia Torres- Sanchez, who performed the surgery. A 911 call led to the discovery of Caro who had been unceremoniously dumped several miles from the tile store, suffering tremendous pain and pleading with passersby to call for an ambulance. Caro died later that night from her botched surgery and police arrested the two Columbians for murder as they were attempting to board a plane back to Columbia that same evening. In another horrific account, a Brazilian plastic surgeon, unlicensed to practice in the US, pled guilty to involuntary manslaughter in Cambridge, Massachusetts, in 2008. He was responsible for the death two years earlier of 24-year-old Fabiola DePaula, who died during a bungled liposuction procedure. The unlicensed surgeon, Luiz Carlos Ribeiro, was a formerly licensed physician in Brazil and, along with his wife who operated as an unlicensed nurse, had been operating an underground plastic surgery practice for three years in Massachusetts, serving the area’s large Brazilian immigrant population. The victim, DePaula, was also Brazilian. She died three days after her operation due to post-surgical complications, including pulmonary (fat) emboli in her lungs. Ribeiro was sentenced to up to three years imprisonment and deportation after serving his sentence. His wife was deported after serving a one year sentence. Ironically, just two days before Ribeiro performed this fatal procedure, he had taped an interview with a local Brazilian community leader warning Brazilian immigrants of the dangers of seeking medical care from unlicensed, unauthorized physicians, and counseling them on the risks and precautions of cosmetic surgeries. Clearly, Ribeiro had convinced his patients he was licensed to practice medicine, capitalizing on their trust in him as a physician. He violated that trust. Don’t let yourself be violated. Ask to see your physician or dentist’s accreditation and medical license. Check them out first at www.LicenseCheck.com before it’s too late.
  • 10.
  • 11. Chapter Five LICENSED VETERINARY FACILITIES Statistics show that Americans love their pets. They have indulged in extensive pet care and all manner of lavish diet and accommodations to demonstrate the love they bear for these domestic creatures. Pet insurance has become big business, and veterinary care, including preventive procedures, is encouraged and embraced with enthusiasm. When you take your beloved pet to a veterinary center, you want them to be treated with the same care and concern that you feel. But did you ever stop to wonder if the person on the other side of that examination table was actually licensed and trained? Probably not. As with doctors and dentists, we automatically extend an extraordinary level of trust to those donning white lab coats. Even at veterinary centers, unsuspecting victims have been conned and their pets subjected to careless treatment by untrained individuals who are frauds. In Fort Myers, Florida, in 2010, husband and wife team Amy and Larry Gentsch were arrested, facing up to ten years imprisonment apiece on charges that Amy Gentsch, a licensed veterinarian, had permitted her husband to practice veterinary medicine without a license. Pet owners claimed that Larry Gentsch would regularly appear dressed in scrubs with a stethoscope around his neck and customarily administered injections including vaccines, drew blood samples and performed other medical procedures in front of the pet owners. Several dogs were later put to sleep stemming from either complications of procedures Gentsch provided or from substantially diminished quality of life afterwards, the distressed owners claimed. As it turned out, Larry Gentsch’s actual training was in air conditioning, however, in 2000, he was arrested for secretly selling his employer’s air conditioning units under a fictitious company name and keeping the cash for himself. Two years later, he pled no contest to five counts of grand larceny and one of petty larceny and sentenced to a year in jail. One complainant stated that, when she brought her Chihuahua in for a vaccination, Larry Gentsch informed her he needed to draw blood as well. She said he stuck the dog three times, once going right through the skin and out the
  • 12. other side at which point he stuck his own finger. According to the pet owner, Gentsch’s finger began to bleed, requiring attention. Don’t subject your pet to such traumatic experiences. Visit us at www.LicenseCheck.com and make sure that your veterinary practitioners are actually licensed and capable of safely and properly performing all appropriate procedures to ensure the health and safety of your beloved animal.
  • 13. Chapter Six COSMETIC SURGERY AND PERSONAL CARE LICENSED PROFESSIONALS Beauty is big business in the United States and Americans spend billions of dollars in salons each year. In 2009 alone, more than 2,400 complaints were filed with the Better Business Bureau ranging from horrendous haircuts to actual physical injury. The problem extends not just to unlicensed stylists but even unlicensed salons, particularly manicure outlets, where sanitary conditions are questionable at best and stylists are not always properly trained to administer the chemicals they use on their clients. One news story reported on the patron of a Miami salon who requested hair extensions. Unbeknownst to her, the stylist was not licensed. When she emerged from beneath the hair dryer, she had multiple chemical burns on her scalp, ears and neck. The stylist had used some form of superglue instead of the customary hair bonding solution. In addition, the client’s hair turned bright orange. She was devastated. She later sued the salon and was awarded damages. On a far more serious note, an unlicensed hairstylist, Martha Vasquez, administered phony Botox injections to a Salinas, California client who subsequently died. A San Jose, California couple were arrested and charged for having performed plastic surgery without a license, botching at least nine procedures in the kitchen of their home, where investigators later described as being dirty even by non- medical standards. The couple performed these surgeries allegedly with standard kitchen utensils, including liposuction, tummy tucks and even breast enhancement. Yet another licensed practitioner was arrested in 2004, this time in Miami, for administering face plumping injections. Instead of using medical grade filler, she injected industrial grade silicone, the kind used to lubricate industrial machinery. In addition, she was sealing the incisions with Krazy Glue®. If you are offered a beauty treatment or cosmetic surgery at a price that seems just too good to say no to, well, that probably means you should say no. Here at www.LicenseCheck.com, we believe that personal health is too important to risk putting yourself in the hands of an unlicensed, untrained technician. Don’t
  • 14. risk your own personal safety. Check to see if your technician is licensed by visiting www.LicenseCheck.com.
  • 15. Chapter Seven CHILD AND DAY CARE FACILITIES Over the years, many stories have been told, trials held, sentences pronounced and childcare facilities shut down due to unlicensed facilities and day care employees who range from the incompetent or negligent to the physically and sexually abusive. And yet the stories continue as we persist in placing our children in the care of untrained caretakers, perhaps more concerned with convenience than caution. Why would you entrust your precious child to the care of someone who is untrained, unlicensed, unsupervised and even potentially dangerous? A competent facility will do comprehensive background checks on all its employees in order to weed out pedophiles and other predators, or individuals with a history of abusive behavior. It is important to review not only the license of the daycare facility but to ask about every staff member and what the qualifications and training history are of each employee. As always, a reputable care center will welcome your questions and be happy to show you proof of the licensing of all their employees and verify what background checks have been performed. In 2010, in Williamson County, Texas, a judge handed down a 20-year sentence to Scott Hudson, husband of a woman operating an unlicensed daycare center in her home, for submerging a three-year-old boy’s hands under hot water, which resulted in third degree burns. The owner, Jennifer Hudson, allegedly called the child’s mother and suggested she should come and collect him, with no clue as to the urgency of the situation. The three-year-old boy, Jared, spent 11 days in the intensive care unit of their local hospital and his hands are permanently scarred. The child’s mother admitted she’d found the daycare provider on Craigslist and never checked to see if they were licensed. Convenience should never trump safety. If you need to find a local daycare center, check carefully to determine whether they are licensed and their staff has been subjected to background checks. Here at www.LicenseCheck.com we can tell you if your daycare center is a licensed facility or not. It pays to be careful.
  • 16. Chapter Eight YOU NEED A LICENSE TO PRACTICE LAW Anyone wishing to practice law must first obtain a legal state license to practice law. It’s that simple. The license represents the fact that this legal practitioner has graduated from an accredited law school and has passed the bar in the state in which he or she chooses to practice. Some attorneys are legally licensed to practice in several states, and may have offices operating in more than one state. Whether an attorney is licensed or not is something most of us have not given much thought to, if you’re like the majority of citizens. Attorneys are like doctors — you don’t spend much time thinking about them until you’re pressed into needing one. And at that point, you often don’t have the luxury of time to start doing your homework. You place your trust immediately in the fact that, if they purport themselves to be a lawyer then surely they must be a legitimate lawyer in order to stay in business, right? Wrong. For 10 years, Howard Kieffer, a Minnesota resident, touted himself as a lawyer and in fact represented clients in federal court in no fewer than 10 states, defending many up on charges as serious as murder. The Associated Press reported that one of Kieffer’s clients was a Colorado woman who was subsequently “convicted of soliciting the murder of her former husband,” and “a former St. Louis Blues hockey player who pleaded guilty to plotting to kill his agent.” Kieffer was well respected and considered to be an authority on sentencing laws and federal prisons. He has even been quoted on several occasions in major newspapers and news websites. But that was prior to authorities discovering that, although he may have practiced as a lawyer in 10 states, he wasn’t legally licensed to practice in any of them! As the Duluth News Tribune pointed out, no one disputes his expertise on prisons—apparently he’s an ex-convict who had previously been convicted of theft and the deliberate filing of false tax returns and sentenced to five years. But that wasn’t all of it. When convicted, the judge iterated Kieffer’s 30-year criminal history beginning when he was 20 years old — convictions for mail theft of $20,000 worth of checks; writing bad checks; driving under the influence; grand theft by misusing his employer’s credit cards; and fraud when he generated a phony deed for the house of a deceased woman and used it as collateral for loans. Based on this history, the federal judge hearing the case said she did not feel the sentencing guidelines were sufficient and hit him with a significantly longer prison term.
  • 17. Federal court’s a bit different when you’re sitting in the defendant’s seat. What does this mean for you? Well, in some instances, what was first considered to be privileged communication between lawyer and client has sometimes been subsequently ruled to be “unprivileged” as no lawyer existed. Although it’s an arguable point based on the client’s assumption of privilege, do you really want to take that chance? Your case should not be compromised because what you thought was a licensed attorney was in fact a charlatan defrauding you. An unlicensed lawyer can cause you real pain and suffering and you’ll have little or no recourse. It pays to ensure your attorney is licensed. In Wisconsin, a man who impersonated a lawyer was convicted and sentenced to nearly three years in prison. Apparently Thomas J. Lyon was not only operating a phony lawyer’s office, but also simultaneously using it to run a prostitution ring. At the time, he was already on parole in New York after he stole nearly $20,000 from a hotel in New York State. In this particular case, Lyon had appropriated the license number of a legitimate lawyer, Thomas Lyons, who possessed a license to practice law in Wisconsin and was currently residing and legally practicing in Minnesota, unaware of the deception. Thus, it’s important to not only verify that your attorney has a legitimate license number but to be sure that it actually belongs to them, that the contact information matches that of your attorney. Here at www.LicenseCheck.com we can do that for you. Unlicensed lawyers and legal agencies are also known to prey on the innocent. Much like what you learned in chapter three about unlicensed home improvement contractors who actively solicit door to door, particularly in areas that have been recently ravaged by natural disasters, this is also true of unlicensed legal agencies. These agencies take unscrupulous advantage of a sudden loss of loved ones, homes, assets and the confusion that inevitably results, by approaching you to “help” you resolve your circumstances. Just days after the massive April 2011 tornado devastation in Alabama, a group calling itself the Unified Claims Adjusters LLC began offering to make storm- related claims on behalf of homeowners for a 10 percent contingency fee which homeowners had to guarantee in writing. However, the practice of gathering the facts of each claim, valuing them and negotiating on the homeowners’ behalf is the equivalent to practicing law in Alabama. As Unified Claims Adjusters LLC was unlicensed, this was illegal. And, in fact what Unified Claims Adjusters LLC was charging hundreds of dollars for could have just as easily been accomplished online or by phone with FEMA directly, in about 20 minutes. FEMA’s cost? Free.
  • 18. Don’t let an unlicensed lawyer or legal agency take advantage of you. Always use a legally licensed attorney or agency to protect your interests. Check out www.LicenseCheck.com today to make sure your lawyer is currently licensed to practice in your state.
  • 19. Chapter Nine IS YOUR REAL ESTATE AGENT LICENSED? And does it really matter? Yes, it does. State departments governing real estate aggressively investigate any and all complaints against not just unlicensed real estate persons but also licensed real estate professionals. In some states, practicing real estate without a license is a felony. Typically, you must possess a real estate license if you engage in the following without possessing a personal interest in the property in question: advertising, buying, exchanging, negotiating a purchase or sale, procurement of buyers and/or sellers, property appraisal, and leasing/renting. When you work with a licensed real estate professional, they are subject to the standard code of ethics of their state in order to protect you, the consumer. If you are a seller, you are entrusting the agent with the key and access to your personal property. Licensed real estate agents install lockboxes on the property that provide a lockbox record of all the comings and goings of users. If you are selling directly instead of using a listing agent, you are vulnerable to any stranger who walks in off the street and professes to have an interest in purchasing your home. If you are the buyer, you are entrusting the agent to protect your interests against unscrupulous sellers who might try to shop your offer in order to create an auction environment, something that is illegal in most states. In addition, a licensed real estate agent is required to ensure that basic representations such as square footage are reasonably accurate. What is to keep a dishonest seller from claiming that a 3000-square-foot house is actually 4,000 square feet? Are you, the buyer, going to measure each and every room? Probably not. But the licensed listing agent will. Otherwise it’s often a buyer beware situation, leaving you with little or no recourse after the sale closes. When it comes time to make a good faith deposit and you are using an unlicensed agent or dealing with the seller directly, you may be pressed into having the deposit held either directly by the seller or the seller’s attorney. If problems later arise where you want to reclaim your deposit, the seller can refuse or instruct the attorney to withhold the release of your moneys, which means you will be forced to incur added legal costs in order to sue for the return of your deposit.
  • 20. Sellers often don’t realize their legal liability to disclose previous repair history or problems that exist with the property and may think it’s perfectly acceptable to patch over that crack in the foundation and not mention it. Surely they don’t need to tell you the basement floods periodically if there’s no apparent damage and you can’t figure that out yourself, right? Wrong. Equally, a seller must inform buyers of any past criminal activity that occurred in the house. If you found out after the sale when chatting with a neighbor that a previous owner had been murdered inside your new home or some other violent crime had been committed on the premises, would you feel the same way about living there? You might. But you might not. A legally licensed real estate agent will ensure that sellers make all the necessary disclosures when selling their house. As a prospective buyer, using a licensed real estate agent (and licensed real estate attorney if your state requires it) means that you will sign a contract that does not provide any loopholes for the seller to back out before the closing date simply because the seller has received a slightly higher offer from someone else. Legally licensed real estate brokerages use standard real estate contracts designed to protect both buyer and seller without bias. These are just a few of the reasons that both buyers and sellers should use licensed real estate brokers and agents when buying or selling a property. If you’re not sure if your agent is licensed, or want to be certain that the license is still current, visit us at www.LicenseCheck.com. Be confident in knowing that your real estate professional is, in fact, licensed for business. Protect your interests now.
  • 21. Chapter Ten EPILOGUE By now, there should be no doubt in your mind that ensuring that the professional you use to represent you, to care for yourself, your loved ones and your home, is licensed to practice what you pay them to do is of paramount importance. Before you sign on the dotted line and especially before you hand over that initial advance payment, make sure the person you’re dealing with is legally licensed so that you have assurances that they are required to operate in a straightforward and honest manner and that a criminal past is not lurking in their background. Ask for their contractor, medical, dental or other professional license number and verify that it belongs to them. LicenseCheck.com is always here when you need to confirm that your contractor is licensed. Beware. Be safe. Be sure. At www.LicenseCheck.com we give you that peace of mind.
  • 22. LICENSED PROFESSIONS While by no means exhaustive, this is a guide to many of the types of professions likely to require a license in the state in which you live. Acupuncturists Nursing Home Administrators Architects Occupational Therapists Athletic Trainers Optometrists Barbers Orthotists, Prosthetists, Pedorthists Barber and Cosmetology Salons/Shops Perfusionists (medical technician) Child/Daycare Facilities Pharmacists/Pharmacies Chiropractors Pharmacy Technicians Collection Agencies Physical Therapists Controlled Substances Physicians and Surgeons Cosmetologists Physician Assistants Dentists/Dental Hygienists Podiatric Physicians Dietitian Nutritionists Private Alarm Contractors/Agencies Electrologists (electrolysis technicians) Private Detectives/Agencies Environmental Health Practitioners Private Security Contractors Estheticians Private Security Agencies Funeral Directors and Embalmers Professional Boxing Geologists Professional Counselors Home Medical Equipment and Service Provider Professional Engineers Humane Euthanasia Technicians Professional Service Corporations Interior Designers Psychologists (Clinical) Land Surveyors Public Accountants Landscape Architects Respiratory Care Practitioners Locksmiths & Agencies Roofing Contractors Mail Order Ophthalmic Providers Shorthand Reporters Marriage and Family Therapists Social Workers Massage Therapists Pathologists Medical Corporations Speech-Language Audiologists Nail Technicians Structural Engineers Naprapaths Veterinarians/Vet Technicians Nurses (LPN, RN, APN) Wholesale Drug Distributors