Business and Professions Code — Part 1 | BPC — United States — California law | Esheria

Business and Professions Code

Part 1 of 52 · provisions 1–200

This section says the act is called the Business and Professions Code.

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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 1.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    This section says the act is called the Business and Professions Code.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 1. This act shall be known as the Business and Professions Code. (Enacted by Stats. 1937, Ch. 399.)
  2. 10.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    A public officer’s granted power or imposed duty may be carried out by the officer’s deputy or another person the officer authorizes by law, unless the code says otherwise.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 10. Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. (Enacted by Stats. 1937, Ch. 399.)
  3. 100.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    This section establishes the Department of Consumer Affairs in state government and says the listed amendments become operative on July 1, 2026.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 100. (a) There is in the state government, in the Business and Consumer Services Agency, a Department of Consumer Affairs. (b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 1. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  4. 1000.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. )

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    This section says chiropractic law is found in the named initiative act, places the State Board of Chiropractic Examiners within the Department of Consumer Affairs, and makes the board’s powers and duties subject to legislative committee review.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. ) ## 1000. (a) The law governing practitioners of chiropractic is found in an initiative act entitled “An act prescribing the terms upon which licenses may be issued to practitioners of chiropractic, creating the State Board of Chiropractic Examiners and declaring its powers and duties, prescribing penalties for violation hereof, and repealing all acts and parts of acts inconsistent herewith,” adopted by the electors November 7, 1922. (b) The State Board of Chiropractic Examiners is within the Department of Consumer Affairs. (c) Notwithstanding any other law, the powers and duties of the State Board of Chiropractic Examiners, as set forth in this article and under the act creating the board, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this chapter were scheduled to be repealed as of January 1, 2027. (Amended by Stats. 2022, Ch. 623, Sec. 1. (SB 1434) Effective January 1, 2023.)
  5. 10000.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This part may be cited as the Real Estate Law.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10000. This part may be cited as the Real Estate Law. (Added by Stats. 1943, Ch. 127.)
  6. 10001.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section says chapter definitions apply only to this part, unless the text says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10001. Except as otherwise specified, the definitions in this chapter apply to the provisions of this part only and do not affect any other provisions of this code. (Amended by Stats. 2018, Ch. 285, Sec. 1. (AB 2884) Effective January 1, 2019.)
  7. 10003.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    “Commissioner” means the Real Estate Commissioner.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10003. “Commissioner” means the Real Estate Commissioner. (Amended by Stats. 2016, Ch. 177, Sec. 2. (AB 685) Effective January 1, 2017.)
  8. 10004.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    “Department” means the Department of Real Estate in the Business and Consumer Services Agency.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10004. (a) “Department” means the Department of Real Estate in the Business and Consumer Services Agency. (b) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 2. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  9. 10005.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10005. (a) Whenever the terms “bureau,” “division,” “Bureau of Real Estate,” “State Real Estate Division,” or “Real Estate Division” are used in this division, they mean the Department of Real Estate. (b) Whenever the terms “Bureau of Real Estate,” “State Real Estate Division,” or “Real Estate Division” are used in any other law, they mean the Department of Real Estate. (c) This section shall become operative on July 1, 2018. (Repealed (in Sec. 7) and added by Stats. 2017, Ch. 828, Sec. 8. (SB 173) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
  10. 10006.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    “Person” includes a corporation, company, and firm.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10006. “Person” includes corporation, company and firm. (Amended by Stats. 1968, Ch. 75.)
  11. 10007.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “provisions of this part relating to real estate” as Chapters 1, 2, 3, and 6 of Part 1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10007. “Provisions of this part relating to real estate” means the provisions of Chapters 1, 2, 3, and 6 of Part 1. (Amended by Stats. 2016, Ch. 177, Sec. 3. (AB 685) Effective January 1, 2017.)
  12. 10008.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines a phrase used for business opportunity regulation as referring to Chapters 1, 2, and 6 of Part 1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10008. “Provisions of this part relating to business opportunity regulation” means the provisions of Chapters 1, 2, and 6 of Part 1. (Amended by Stats. 2016, Ch. 177, Sec. 4. (AB 685) Effective January 1, 2017.)
  13. 10008.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section exempts certain licensed securities brokers or dealers, and their employees, officers, or agents acting within scope, from the division for qualifying business-opportunity transactions.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10008.5. Solely with regard to any transaction involving the sale, lease, or exchange of a business opportunity occurring before, on, or after the effective date of this section, this division shall not apply to any person licensed at the time of the transaction as a securities broker or securities dealer under any law of this state or of the United States, or by any employee, officer, or agent of that person while acting under the direction of, and within the scope of, his or her employment with that person in connection with the transaction. As used in this section, “any transaction involving the sale, lease, or exchange of a business opportunity” does not include any of the acts described in Section 10131 or Section 10131.2 if the substance of the transaction is to transfer, sell, lease, or exchange an interest in real property for the purpose of evading this part. (Added by Stats. 1989, Ch. 1116, Sec. 1. Effective September 30, 1989.)
  14. 10009.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “provisions of this part relating to mineral, oil, and gas brokerage” as Chapters 1, 2, 6, and 7 of Part 1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10009.5. “Provisions of this part relating to mineral, oil, and gas brokerage” means the provisions of Chapters 1, 2, 6, and 7, of Part 1. (Amended by Stats. 2016, Ch. 177, Sec. 5. (AB 685) Effective January 1, 2017.)
  15. 1001.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. )

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    Each year, the State Board of Chiropractic Examiners must compile a directory of qualifying chiropractors and may publish, sell, and charge for it; listed persons must promptly report address or contact changes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. ) ## 1001. In each year, the State Board of Chiropractic Examiners shall compile and may thereafter publish and sell a complete directory of all persons within the state who hold unforfeited and unrevoked certificates to practice chiropractic, and whose certificate in any manner authorizes the treatment of human beings for diseases, injuries, deformities, or any other physical or mental conditions. The directory shall contain: (a) The following information concerning each such person: (1) The name, address, telephone number, and email of such person. (2) The names and symbols indicating their title. (3) The school, attendance at which qualified them for examination or admission to practice. (4) The date of the issuance of their certificate. (b) The annual report of the board for the prior year. (c) Information relating to other laws of this state and the United States which the board determines to be of interest to persons licensed to practice chiropractic. (d) Copies of opinions of the Attorney General relating to the practice of chiropractic. (e) A copy of the provisions of this chapter and a copy of the act cited in Section 1000. The board may require the persons designated in this section to furnish such information as it may deem necessary to enable it to compile the directory. Every person so designated shall report immediately each and every change of residence or contact information, giving both their old and new address or contact information, as applicable. The directory shall be evidence of the right of the persons named in it to practice unless their certificate to practice chiropractic has been canceled, suspended, or revoked. The board may collect from each person who voluntarily subscribes to or purchases a copy of the directory the cost of publication and distribution thereof, except that one copy of the directory shall be distributed without charge to each certificate holder of the board. (Amended by Stats. 2022, Ch. 623, Sec. 2. (SB 1434) Effective January 1, 2023.)
  16. 10010.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “provisions of this part relating to hearings” as the provisions of Article 3 of Chapter 2 of Part 1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10010. “Provisions of this part relating to hearings” means the provisions of Article 3 of Chapter 2 of Part 1. (Amended by Stats. 2016, Ch. 177, Sec. 6. (AB 685) Effective January 1, 2017.)
  17. 10010.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    The section preserves existing broker duties and makes clear that a responsible broker must supervise and oversee affiliated salespersons and broker associates.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10010.5. (a) Nothing in Assembly Bill 1289 of the 2017–18 Regular Session or Assembly Bill 2884 of the 2017–18 Regular Session shall be construed to affect any of the following: (1) A real estate broker’s duties under existing statutory or common law as an agent of a person who retains that broker to perform acts for which a license is required under this division. (2) Any fiduciary duties owed by a real estate broker to a person who retains that broker to perform acts for which a license is required under this division. (3) Any duty of disclosure or any other duties or obligations of a real estate broker that arise under this division or other existing applicable California law, including common law. (4) Any duties or obligations of a salesperson or a broker associate that arise under this division or existing applicable California law, including common law, including duties and obligations to the salesperson’s or broker associate’s responsible broker. (5) A responsible broker’s duty of supervision and oversight for the acts of retained salespersons or broker associates that arise under this division or other existing applicable California law, including common law. (b) (1) The Legislature finds and declares that a responsible broker, as defined in Section 10015.1, has the duty to supervise and oversee the licensed acts of each salesperson and broker associate affiliated with and working under his or her supervision, regardless of whether the retention contract with that salesperson or broker associate specifies an independent contractor relationship or an employment relationship. (2) The Legislature finds and declares that, consistent with existing statutory and common law, a responsible broker is liable for the actions or negligence of a salesperson or broker associate retained by the responsible broker to perform acts for which a license is required under this division. (c) For purposes of this section, references to “existing statutory law” and “existing applicable California law” refer to the law as it read immediately prior to enactment of Assembly Bill 1289 of the 2017–18 Regular Session and Assembly Bill 2884 of the 2017–18 Regular Session. (Added by Stats. 2018, Ch. 285, Sec. 2. (AB 2884) Effective January 1, 2019.)
  18. 10011.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “licensee” as a person licensed under this part, including a broker or salesperson.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10011. “Licensee,” when used without modification, means a person, whether broker or salesperson, licensed under any of the provisions of this part. (Amended by Stats. 2016, Ch. 177, Sec. 7. (AB 685) Effective January 1, 2017.)
  19. 10012.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    “Broker” means a person licensed as a broker under this part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10012. “Broker,” when used without modification, means a person licensed as a broker under any of the provisions of this part. (Amended by Stats. 2016, Ch. 177, Sec. 8. (AB 685) Effective January 1, 2017.)
  20. 10013.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “salesperson,” treats “salesman” as meaning “salesperson” in this division and related commissioner rules, and lets a licensee choose certain title wording.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10013. “Salesperson,” when used without modification, means a person licensed as a salesperson under any of the provisions of this part. Whenever the word salesman is used in this division, or in the rules and regulations of the commissioner, it means salesperson. Notwithstanding any other law, a licensee may elect to refer to his or her licensed status as real estate salesman, real estate saleswoman, or real estate salesperson. (Amended by Stats. 2016, Ch. 177, Sec. 9. (AB 685) Effective January 1, 2017.)
  21. 10014.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “real estate licensee” as a person, whether a broker or salesperson, licensed under Chapter 3 of this part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10014. “Real estate licensee” means a person, whether broker or salesperson, licensed under Chapter 3 of this part. (Amended by Stats. 2016, Ch. 177, Sec. 10. (AB 685) Effective January 1, 2017.)
  22. 10015.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “real estate broker” as a person licensed as a broker under Chapter 3 of this part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10015. “Real estate broker” means a person licensed as a broker under Chapter 3 of this part. (Amended by Stats. 2016, Ch. 177, Sec. 11. (AB 685) Effective January 1, 2017.)
  23. 10015.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “responsible broker” and says salesperson supervision under this part or other law is limited to regulatory compliance and consumer protection.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10015.1. “Responsible broker” means the real estate broker responsible for the exercise of control and supervision of real estate salespersons under Section 10159.2, or a licensee subject to discipline under subdivision (h) of Section 10177 for failure to supervise activity requiring a real estate license. The supervision of a salesperson required under this part or any other law is limited to regulatory compliance and consumer protection. (Added by Stats. 2018, Ch. 285, Sec. 3. (AB 2884) Effective January 1, 2019.)
  24. 10015.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    “Manager” means a real estate licensee authorized to perform supervisorial services for a responsible broker.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10015.2. “Manager” means a real estate licensee authorized to perform supervisorial services for a responsible broker. (Added by Stats. 2018, Ch. 285, Sec. 4. (AB 2884) Effective January 1, 2019.)
  25. 10015.3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “broker associate” as a broker retained by a responsible broker who may provide licensed real estate services on the responsible broker’s behalf.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10015.3. “Broker associate” means a broker retained by a responsible broker who has authority to provide services requiring a real estate license on behalf of the responsible broker. (Added by Stats. 2018, Ch. 285, Sec. 5. (AB 2884) Effective January 1, 2019.)
  26. 10015.4.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “responsible broker’s identity” and excludes certain fictitious business names and team names.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10015.4. “Responsible broker’s identity” means the name under which the responsible broker is currently licensed by the department and conducts business in general or is a substantial division of the real estate firm, or both the name and the associated license identification number. “Responsible broker’s identity” does not include a fictitious business name obtained pursuant to paragraph (2) of subdivision (a) of Section 10159.5 or the use of a team name pursuant to Section 10159.6. (Added by Stats. 2018, Ch. 285, Sec. 6. (AB 2884) Effective January 1, 2019.)
  27. 10015.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “professional identity” to include a responsible broker’s identity and the identity under which a licensee may do business.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10015.5. “Professional identity” includes “responsible broker’s identity” and the identity under which the licensee is authorized to do business. (Added by Stats. 2018, Ch. 285, Sec. 7. (AB 2884) Effective January 1, 2019.)
  28. 10016.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “real estate salesperson” as a natural person licensed as a salesperson and retained by a real estate broker for compensation or expected compensation.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10016. “Real estate salesperson” means a natural person licensed as a salesperson under Chapter 3 of this part and who, for a compensation or in expectation of a compensation, is retained by a real estate broker to do one or more of the acts set forth in Sections 10131, 10131.1, 10131.2, 10131.3, 10131.4, and 10131.6. (Amended by Stats. 2018, Ch. 285, Sec. 8. (AB 2884) Effective January 1, 2019.)
  29. 10018.01.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “retained” as a broker-licensee relationship involving an affiliated independent contractor or employee performing licensed activities under the broker’s supervision.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.01. “Retained” means the relationship between a broker and a licensee who is either an independent contractor affiliated with, or an employee of, a broker to perform activities that require a license and are performed under a broker’s supervision. (Added by Stats. 2018, Ch. 285, Sec. 9. (AB 2884) Effective January 1, 2019.)
  30. 10018.02.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    “Seller” is defined for real property transactions and includes certain owners, vendors, and lessors.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.02. “Seller” means a transferor in a real property transaction, and includes an owner who lists real property with a licensee, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from a licensee on behalf of another. “Seller” includes both a vendor and lessor of real property. (Added by Stats. 2018, Ch. 285, Sec. 10. (AB 2884) Effective January 1, 2019.)
  31. 10018.03.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “listing agent” as a licensee who provides real estate license services for or on behalf of a seller under a listing agreement.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.03. “Listing agent” means a licensee who provides services requiring a real estate license for or on behalf of a seller pursuant to a listing agreement. Listing agent includes a seller’s agent. (Added by Stats. 2018, Ch. 285, Sec. 11. (AB 2884) Effective January 1, 2019.)
  32. 10018.04.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    Defines “seller’s agent” as a licensee who provides real estate services for or on behalf of a seller.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.04. “Seller’s agent” means a licensee who provides services requiring a real estate license for or on behalf of a seller. A seller’s agent may or may not be a listing agent. (Added by Stats. 2018, Ch. 285, Sec. 12. (AB 2884) Effective January 1, 2019.)
  33. 10018.05.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    “Buyer” is defined to include a transferee in a real property transaction, certain people making purchase offers through a licensee, people seeking a licensee’s services for a real property transaction, and purchasers, vendees, or lessees of real property.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.05. “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through a licensee, whether or not a transfer results, or who seeks the services of a licensee in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes a purchaser, vendee, or lessee of real property. (Added by Stats. 2018, Ch. 285, Sec. 13. (AB 2884) Effective January 1, 2019.)
  34. 10018.06.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    “Buyer’s agent” is defined as a licensee who provides real-estate-license services for or on behalf of a buyer.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.06. “Buyer’s agent” means a licensee who provides services requiring a real estate license for or on behalf of a buyer. (Added by Stats. 2018, Ch. 285, Sec. 14. (AB 2884) Effective January 1, 2019.)
  35. 10018.07.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “real property” for this code provision.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.07. “Real property” means any estate specified in (1) or (2) of Section 761 of the Civil Code in property, and includes (a) single-family residential property, (b) multiunit residential property with more than four dwelling units, (c) commercial real property, (d) vacant land, (e) a ground lease coupled with improvements, or (f) a manufactured home as defined in Section 18007 of the Health and Safety Code or a mobilehome as defined in Section 18008 of the Health and Safety Code. (Added by Stats. 2018, Ch. 285, Sec. 15. (AB 2884) Effective January 1, 2019.)
  36. 10018.08.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “single-family residential property” and “single-family residential real property.”

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.08. “Single-family residential property” or “Single-family residential real property” means: (a) real property improved with one to four dwelling units, including any leasehold exceeding one year’s duration of such, (b) a unit in a residential stock cooperative, condominium, or planned unit development, or (c) a mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6. (Added by Stats. 2018, Ch. 285, Sec. 16. (AB 2884) Effective January 1, 2019.)
  37. 10018.09.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “commercial real property” as all real property except five excluded categories.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.09. “Commercial real property” means all real property except (a) single-family residential real property, (b) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, (c) a mobilehome as defined in Section 798.3 of the Civil Code, (d) vacant land, or (e) a recreational vehicle as defined in Section 799.29 of the Civil Code. (Added by Stats. 2018, Ch. 285, Sec. 17. (AB 2884) Effective January 1, 2019.)
  38. 10018.10.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “sell,” “sale,” and “sold” for real property, with an exception for Section 10239.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.10. Except as provided in Section 10239.2, “sell,” “sale,” or “sold” means a transaction for the transfer of real property from a seller to a buyer, and includes (a) an exchange of real property between a seller and a buyer, (b) a real property sales contract within the meaning of Section 2985 of the Civil Code, and (c) a leasehold exceeding one year’s duration. (Added by Stats. 2018, Ch. 285, Sec. 18. (AB 2884) Effective January 1, 2019.)
  39. 10018.11.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    “Dual agent” means an agent who represents both the seller and the buyer in a real property transaction, directly or through a salesperson or broker associate.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.11. “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (Added by Stats. 2018, Ch. 285, Sec. 19. (AB 2884) Effective January 1, 2019.)
  40. 10018.13.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    “Appraiser” means a person licensed or certified under Part 3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.13. “Appraiser” means a person licensed or certified under Part 3 (commencing with Section 11300). (Added by Stats. 2018, Ch. 285, Sec. 20. (AB 2884) Effective January 1, 2019.)
  41. 10018.14.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “listing agreement” for real estate purposes.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.14. “Listing agreement” means a written contract between a seller of real property or a business opportunity and a real estate broker by which the broker has been authorized to sell the real property or find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. A “listing agreement” includes an “exclusive right to sell listing agreement,” “seller reserved listing agreement,” and “open listing agreement.” (Added by Stats. 2018, Ch. 285, Sec. 21. (AB 2884) Effective January 1, 2019.)
  42. 10018.15.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines an “exclusive right to sell listing agreement” and says the seller’s agent is entitled to agreed compensation if the property is sold during the listed period or if the agent presents a qualifying enforceable offer.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.15. “Exclusive right to sell listing agreement” means a listing agreement whereby the owner grants to a seller’s agent, for a specified period of time, the exclusive right to sell, find, or obtain a buyer for the real property, and the seller’s agent is entitled to the agreed compensation if, during that period of time, the real property is sold, no matter who effected the sale, or when the seller’s agent receives and presents to the owner any enforceable offer from a ready, able, and willing buyer on terms that are authorized by the listing agreement or accepted by the owner. An “exclusive right to sell listing agreement” may provide for compensation to the seller’s agent if the property is sold within a specified period after termination of the listing agreement. (Added by Stats. 2018, Ch. 285, Sec. 22. (AB 2884) Effective January 1, 2019.)
  43. 10018.16.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines a “seller reserved listing agreement” and says the seller’s agent gets the agreed compensation in specified circumstances, but not if the owner sells the property directly without another broker.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.16. “Seller reserved listing agreement” means a listing agreement whereby the owner grants to a seller’s agent, for a specified period of time, the exclusive right to sell, find, or obtain a buyer for the real property, and the seller’s agent is entitled to the agreed compensation if, during that period of time, the real property is sold, no matter who effected the sale, or when the seller’s agent receives and presents to the owner any enforceable offer from a ready, able, and willing buyer on terms that are authorized by the listing agreement or accepted by the owner. Compensation is not owed to the seller’s agent if the owner sells the property directly and not through any other broker. A “seller reserved listing agreement” may provide for compensation to the seller’s agent if the property is sold, other than directly by the seller, within a specified period after termination of the listing agreement. (Added by Stats. 2018, Ch. 285, Sec. 23. (AB 2884) Effective January 1, 2019.)
  44. 10018.17.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines an “open listing agreement” as one that gives the seller’s agent no exclusive rights, and makes the commission payable only if specific sale and timing conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10018.17. “Open listing agreement” means a listing agreement which grants no exclusive rights or priorities to the seller’s agent, and the agreed commission is payable to the seller’s agent only if that agent obtains and presents to the owner an enforceable offer from a ready, able, and willing buyer on the terms authorized by the listing agreement, which is accepted by the owner, before the property is otherwise sold either through another licensee or by the owner directly and before the listing agreement expires by its terms or is revoked by the seller’s agent or the owner. (Added by Stats. 2018, Ch. 285, Sec. 24. (AB 2884) Effective January 1, 2019.)
  45. 1002.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. )

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    A county superior court may issue an injunction or similar order to stop conduct that is or will be an offense against the Chiropractic Act or its rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. ) ## 1002. Whenever any person has engaged in or is about to engage in any acts or practices which constitute or will constitute an offense against the Chiropractic Act or its rules or regulations, the superior court of any county, on application of the State Board of Chiropractic Examiners, or on application of 10 or more persons licensed under the Chiropractic Act may issue an injunction or other appropriate order restraining that conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1989, Ch. 288, Sec. 1.)
  46. 10023.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    “Mineral, oil, and gas licensee” means a person licensed under Chapter 7 of this part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10023. “Mineral, oil, and gas licensee” means a person licensed under Chapter 7 (commencing with Section 10500) of this part. (Amended by Stats. 2016, Ch. 177, Sec. 14. (AB 685) Effective January 1, 2017.)
  47. 10024.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “mineral, oil, and gas broker” as a person licensed as a broker under Chapter 7 of the part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10024. “Mineral, oil, and gas broker” means a person licensed as a broker under Chapter 7 of this part. (Amended by Stats. 2016, Ch. 177, Sec. 15. (AB 685) Effective January 1, 2017.)
  48. 10026.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “advance fee” for real estate licensing purposes and lists several fee types that are excluded from that definition.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10026. (a) The term “advance fee,” as used in this part, is a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee for services requiring a license, or for a listing, as that term is defined in Section 10027, before fully completing the service the licensee contracted to perform or represented would be performed. Neither an advance fee nor the services to be performed shall be separated or divided into components for the purpose of avoiding the application of this division. (b) For the purposes of this section, the term “advance fee” does not include: (1) “Security” as that term is used in Section 1950.5 of the Civil Code. (2) A “screening fee” as that term is used in Section 1950.6 of the Civil Code. (3) A fee that is claimed, demanded, charged, received, or collected for the purpose of advertising the sale, lease, or exchange of real estate, or of a business opportunity, in a newspaper of general circulation, any other written publication, or through electronic media comparable to any type of written publication, provided that the electronic media or the publication is not under the control or ownership of the broker. (4) A fee earned for a specific service under a “limited service” contract. For purposes of this section, a “limited service” contract is a written agreement for real estate services described in subdivision (a), (b), or (c) of Section 10131, and pursuant to which such services are promoted, advertised, or presented as stand-alone services, to be performed on a task-by-task basis, and for which compensation is received as each separate, contracted-for task is completed. To qualify for this exclusion, all services performed pursuant to the contract must be described in subdivision (a), (b), or (c) of Section 10131. (c) A contract between a real estate broker and a principal that requires payment of a commission to the broker after the contract is fully performed does not represent an agreement for an advance fee. (d) This section does not exempt from regulation the charging or collecting of a fee under Section 1950.5 or 1950.6 of the Civil Code, but instead regulates fees that are not subject to those sections. (Repealed and added by Stats. 2010, Ch. 85, Sec. 2. (AB 1762) Effective January 1, 2011.)
  49. 10027.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section says the term “listing” in this part includes several kinds of names, locations, and agreements related to real estate and business opportunity sales or leases.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10027. The term “listing” as used in this part includes, but is not limited to: (a) The name or a list of the names, of the owners, landlords, exchangers, or lessors, or the location or locations, of property, or of an interest in property, offered for rent, sale, lease, or exchange, which may include a listing agreement. (b) The name, or a list of the names, or the location or locations at which prospective or potential purchasers, buyers, lessees, tenants, or exchangers of property may be found or contacted, which may include a listing agreement. (c) An agreement by which a person who is engaged in the business of promoting the sale or lease of business opportunities or real estate agrees to render to an owner or lessee of the property any services, to promote the sale or lease of that property. (d) An agreement by which a person who is engaged in the business of finding, locating, or promoting the sale or lease of business opportunities or real estate, agrees to circularize, notify, or refer real estate brokers or salespersons to the property that is offered for sale or lease. (Amended by Stats. 2018, Ch. 285, Sec. 25. (AB 2884) Effective January 1, 2019.)
  50. 10028.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    In this part, “trust deed” or “deed of trust” includes “mortgage.”

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10028. “Trust deed” or “deed of trust” as used in this part includes “mortgage.” (Added by Stats. 1961, Ch. 886.)
  51. 10029.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section defines “real property sales contract” for this part of the code.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10029. “Real property sales contract” as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract. (Added by Stats. 1961, Ch. 886.)
  52. 1003.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. )

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    Using runners, cappers, steerers, or similar people to procure patients is unprofessional conduct, unless another law allows it. A chiropractic licensee who is convicted under the listed provisions a second time, or convicted of more than one listed count in one case, must have the license revoked for 10 years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. ) ## 1003. (a) Except as otherwise allowed by law, the employment of runners, cappers, steerers, or other persons to procure patients constitutes unprofessional conduct. (b) A licensee of the State Board of Chiropractic Examiners shall have his or her license to practice revoked for a period of 10 years upon a second conviction for violating any of the following provisions or upon being convicted of more than one count of violating any of the following provisions in a single case: Section 650 of this code, Section 750 or 1871.4 of the Insurance Code, or Section 549 or 550 of the Penal Code. After the expiration of this 10-year period, an application for license reinstatement may be made pursuant to subdivision (c) of Section 10 of the Chiropractic Act. (Added by Stats. 2000, Ch. 867, Sec. 5. Approved in Proposition 44 at the March 5, 2002, election.)
  53. 10030.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section defines “business opportunity” to include the sale or lease of an existing business and its goodwill, or an opportunity involving that business.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10030. As used in this part, the words “business opportunity” shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. (Amended by Stats. 1969, Ch. 216.)
  54. 10032.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section says real estate licensing obligations still apply even if a broker and salesperson label their relationship differently. It also lets a broker and licensed salesperson agree between themselves to be independent contractors or employer and employee for their own relationship.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10032. (a) All obligations created under Section 10000, and following, all regulations issued by the commissioner relating to real estate salespersons, and all other obligations of brokers and real estate salespersons to members of the public shall apply regardless of whether the real estate salesperson and the broker to whom he or she is licensed have characterized their relationship as one of “independent contractor” or of “employer and employee.” (b) A real estate broker and a real estate salesperson licensed under that broker may contract between themselves as independent contractors or as employer and employee, for purposes of their legal relationship with and obligations to each other. Characterization of a relationship as either “employer and employee” or “independent contractor” for statutory purposes, including, but not limited to, withholding taxes on wages and for purposes of unemployment compensation, shall be governed by Section 650 and Sections 13000 to 13054, inclusive, of the Unemployment Insurance Code. For purposes of workers compensation the characterization of the relationship shall be governed by Section 3200, and following, of the Labor Code. (Added by Stats. 1991, Ch. 679, Sec. 1.)
  55. 10035.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. )

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    This section says criminal provisions in this part do not stop other California criminal laws from applying to the same act or omission.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 1. General Provisions [10000 - 10035] ( Chapter 1 added by Stats. 1943, Ch. 127. ) ## 10035. Neither Section 10185 nor any other provision of this part which makes violation of this part a crime shall be construed to preclude application of any other criminal provision of the law of this state to an act or omission which constitutes a violation of this part. (Added by Stats. 1985, Ch. 57, Sec. 1.)
  56. 1004.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. )

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    The State Board of Chiropractic Examiners must investigate certain licensees when an information or indictment alleges specified Penal Code or Insurance Code violations, unless the district attorney objects.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. ) ## 1004. The State Board of Chiropractic Examiners shall investigate any licensee against whom an information or indictment has been filed that alleges a violation of Section 550 of the Penal Code or Section 1871.4 of the Insurance Code, if the district attorney does not otherwise object to initiating an investigation. (Added by Stats. 2000, Ch. 867, Sec. 6. Approved in Proposition 44 at the March 5, 2002, election.)
  57. 1005.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. )

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    This section says a listed set of code sections applies to persons licensed by the State Board of Chiropractic Examiners under the Chiropractic Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. ) ## 1005. The provisions of Sections 12.5, 23.9, 29.5, 30, 31, 35, 104, 114, 115, 119, 121, 121.5, 125, 125.6, 136, 137, 140, 141, 143, 163.5, 461, 462, 475, 480, 484, 485, 487, 489, 490, 490.5, 491, 494, 495, 496, 498, 499, 510, 511, 512, 701, 702, 703, 704, 710, 716, 730.5, 731, and 851 are applicable to persons licensed by the State Board of Chiropractic Examiners under the Chiropractic Act. (Added by Stats. 2004, Ch. 695, Sec. 2. Effective January 1, 2005.)
  58. 10050.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The section creates the Department of Real Estate, names its chief officer the Real Estate Commissioner, requires the commissioner to enforce the listed real estate laws, and makes the department’s powers and duties subject to legislative committee review.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10050. (a) (1) There is in the Business and Consumer Services Agency a Department of Real Estate, the chief officer of which department is named the Real Estate Commissioner. (2) Notwithstanding any other law, the powers and duties of the department, as set forth in this part and Chapter 1 (commencing with Section 11000) of Part 2, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this part and that chapter were scheduled to be repealed as of January 1, 2030. (b) It shall be the principal responsibility of the commissioner to enforce all laws in this part and Chapter 1 (commencing with Section 11000) of Part 2 in a manner that achieves the maximum protection for the buyers of real property and those persons dealing with real estate licensees. (c) Wherever the term “commissioner” is used in this division, it means the Real Estate Commissioner. (d) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026. (Amended by Stats. 2026, Ch. 28, Sec. 3. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)
  59. 10050.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The Department of Real Estate must make protection of the public its top priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10050.1. Protection of the public shall be the highest priority for the Department of Real Estate in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2011, Ch. 712, Sec. 3. (SB 706) Effective January 1, 2012.)
  60. 10051.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    The Governor must appoint the commissioner.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10051. The commissioner shall be appointed by the Governor. (Repealed and added by Stats. 1976, Ch. 375.)
  61. 10052.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner must meet a five-year real-estate experience requirement in California.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10052. The commissioner shall have been for five years a real estate broker actively engaged in business as such in California, or shall possess related experience associated with real estate activity in California for five years within the last 10 years. (Repealed and added by Stats. 1976, Ch. 375.)
  62. 10053.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner is entitled to an annual salary and reimbursement of actual and necessary expenses.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10053. The commissioner shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code, to be paid monthly out of the State Treasury upon a warrant of the Controller, and shall be allowed his or her actual and necessary expenses in the discharge of his or her duties. (Amended by Stats. 2013, Ch. 352, Sec. 18. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  63. 1006.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. )

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    The State Board of Chiropractic Examiners must submit a report to certain legislative committees by January 1, 2027.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. ) ## 1006. (a) By January 1, 2027, the State Board of Chiropractic Examiners shall submit a report to the appropriate policy and fiscal committees of the Legislature that contains, but is not limited to, an update on the status of the State Board of Chiropractic Examiners’ license fee structure and whether the board needs to consider plans for restructuring its license fees. (b) The report to the Legislature under subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2022, Ch. 623, Sec. 3. (SB 1434) Effective January 1, 2023.)
  64. 1006.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. )

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    This section sets fixed chiropractic regulatory fees, unless the board sets a lower fee by regulation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. ) ## 1006.5. Notwithstanding any other law, the amount of regulatory fees necessary to carry out the responsibilities required by the Chiropractic Initiative Act and this chapter are, unless a lower fee is adopted by the board by regulation, fixed in the following schedule: (a) Fee to apply for a license to practice chiropractic: three hundred forty-five dollars ($345). (b) Fee for initial license to practice chiropractic: one hundred thirty-seven dollars ($137). (c) The fee to renew an active or inactive license to practice chiropractic shall be three hundred thirty-six dollars ($336) and may be increased to not more than five hundred dollars ($500) and, if a lower fee is fixed by the board, shall be an amount sufficient to support the functions of the board in the administration of the Chiropractic Initiative Act and this chapter. (d) Fee to apply for approval as a continuing education provider: two hundred ninety-one dollars ($291). (e) Biennial continuing education provider renewal fee: one hundred eighteen dollars ($118). (f) Fee to apply for approval of a continuing education course: one hundred sixteen dollars ($116) per hour of instruction. (g) Fee to apply for a satellite office certificate: sixty-nine dollars ($69). (h) Fee to renew a satellite office certificate: fifty dollars ($50). (i) Fee to apply for a license to practice chiropractic pursuant to Section 9 of the Chiropractic Initiative Act: two hundred eighty-three dollars ($283). (j) Fee to apply for a certificate of registration of a chiropractic corporation: one hundred seventy-one dollars ($171). (k) Fee to renew a certificate of registration of a chiropractic corporation: sixty-two dollars ($62). (l) Fee to file a chiropractic corporation special report: ninety-eight dollars ($98). (m) Fee to apply for approval as a referral service: two hundred seventy-nine dollars ($279). (n) Fee for an endorsed verification of licensure: eighty-three dollars ($83). (o) Fee for replacement of a lost or destroyed license: seventy-one dollars ($71). (p) Fee for replacement of a satellite office certificate: seventy-one dollars ($71). (q) Fee for replacement of a certificate of registration of a chiropractic corporation: seventy dollars ($70). (r) Fee to restore a forfeited or canceled license to practice chiropractic: double the annual renewal fee specified in subdivision (c). (s) Fee to apply for approval to serve as a preceptor: seventy-two dollars ($72). (t) Fee to petition for reinstatement of a revoked license: four thousand one hundred eighty-five dollars ($4,185). (u) Fee to petition for early termination of probation: three thousand one hundred ninety-five dollars ($3,195). (v) Fee to petition for reduction of penalty: three thousand one hundred ninety-five dollars ($3,195). (Amended by Stats. 2022, Ch. 623, Sec. 4. (SB 1434) Effective January 1, 2023.)
  65. 1007.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. )

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    Chiropractic licensees on probation must give patients a separate probation disclosure before the first visit after the probation order, and get a signed copy back, unless a listed exception applies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 2. Chiropractors [1000 - 1058] ( Chapter 2 enacted by Stats. 1937, Ch. 399. ) ## ARTICLE 1. General [1000 - 1007] ( Heading of Article 1 added by Stats. 1970, Ch. 1110. ) ## 1007. (a) Except as otherwise provided in subdivision (c), the board shall require a licensee to provide a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information internet website, to a patient or the patient’s guardian or health care surrogate before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order. (b) A licensee required to provide a disclosure pursuant to subdivision (a) shall obtain from the patient, or the patient’s guardian or health care surrogate, a separate, signed copy of that disclosure. (c) A licensee shall not be required to provide a disclosure pursuant to subdivision (a) if any of the following applies: (1) The patient is unconscious or otherwise unable to comprehend the disclosure and sign the copy of the disclosure pursuant to subdivision (b) and a guardian or health care surrogate is unavailable to comprehend the disclosure and sign the copy. (2) The visit occurs in an emergency room. (3) The licensee does not have a direct treatment relationship with the patient. (d) The board shall provide the following information, with respect to licensees on probation and licensees practicing under probationary licenses, in plain view on the licensee’s profile page on the board’s online license information internet website. (1) For probation imposed pursuant to a stipulated settlement, the causes alleged in the operative accusation along with a designation identifying those causes by which the licensee has expressly admitted guilt and a statement that acceptance of the settlement is not an admission of guilt. (2) For probation imposed by an adjudicated decision of the board, the causes for probation stated in the final probationary order. (3) For a licensee granted a probationary license, the causes by which the probationary license was imposed. (4) The length of the probation and end date. (5) All practice restrictions placed on the license by the board. (e) “Board” for purposes of this section means the State Board of Chiropractic Examiners. (Amended by Stats. 2022, Ch. 623, Sec. 5. (SB 1434) Effective January 1, 2023.)
  66. 10071.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner must enforce this part and Chapter 1 of Part 2, and has full power over issuing and revoking licenses.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10071. The commissioner shall enforce the provisions of this part and of Chapter 1 (commencing with Section 11000) of Part 2. The commissioner has full power to regulate and control the issuance and revocation, both temporary and permanent, of all licenses to be issued under the provisions of this part, and to perform all other acts and duties provided in this part and Chapter 1 (commencing with Section 11000) of Part 2 and necessary for their enforcement. (Amended by Stats. 2025, Ch. 786, Sec. 4. (SB 774) Effective January 1, 2026.)
  67. 10073.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner must hire deputies, clerks, and employees as needed to carry out the commissioner’s legal duties properly.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10073. The commissioner shall employ deputies, clerks, and employees as needed to discharge in the proper manner the duties imposed upon the commissioner by law. (Amended by Stats. 2025, Ch. 786, Sec. 5. (SB 774) Effective January 1, 2026.)
  68. 10073.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The department must send fingerprint information to the Department of Justice for covered workers and must require certain contracts to include criminal background check provisions.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10073.5. (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for any employee, prospective employee, contractor, subcontractor, or volunteer whose duties include, or would include, access to criminal offender record information. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (b) (1) The department shall require a services contract, interagency agreement, or public entity agreement that includes, or would include, access to criminal offender record information to include a provision requiring the contractor to agree to perform criminal background checks on its employees and subcontractors who will have access to information described in subdivision (a) as part of their services contract, interagency agreement, or public entity agreement with the department. (2) This subdivision shall only apply to a services contract, interagency agreement, or public entity agreement that is entered into, renewed, or amended on or after January 1, 2024. (c) For purposes of this section: (1) “Access” means the ability to view electronically or on paper. (2) “Criminal offender record information” means the same as defined in Section 11075 of the Penal Code. (Added by Stats. 2023, Ch. 198, Sec. 1. (SB 152) Effective September 13, 2023.)
  69. 10074.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    After qualifying, the commissioner and department staff must not have business interests in certain mineral, oil, gas, or real estate firms, and must not act as brokers, salespeople, or agents for brokers or salespeople.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10074. After qualifying as such neither the commissioner nor any of the deputies, clerks, or employees of the department shall be interested in any mineral, oil, or gas business, mineral, oil, or gas brokerage firm, real estate company or any real estate brokerage firm, as director, stockholder, officer, member, agent or employee, or act as a broker or salesperson, or act as a co-partner or agent for any broker or brokers, or salesperson or salespersons. (Amended by Stats. 2016, Ch. 177, Sec. 17. (AB 685) Effective January 1, 2017.)
  70. 10075.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner assigns duties to deputies, clerks, and employees, and also sets their compensation subject to the powers of the State Personnel Board and the Director of Finance.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10075. Deputies, clerks and employees shall perform such duties as the commissioner shall assign to them. Subject to the powers of the State Personnel Board and the Director of Finance, the commissioner shall fix the compensation of such deputies, clerks and employees, which compensation shall be paid monthly on a certificate of the commissioner, and on the warrant of the Controller out of the State Treasury. (Added by Stats. 1943, Ch. 127.)
  71. 10076.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    Deputies must take and file the constitutional oath of office after appointment; clerks and employees must take any oaths required by law.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10076. Each deputy shall, after his appointment, take and subscribe to the constitutional oath of office and file the same in the office of the Secretary of State. Each clerk and employee shall take such oaths as may be required by law. (Added by Stats. 1943, Ch. 127.)
  72. 10077.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner must keep the principal office in Sacramento and may open branch offices in other cities if the Department of Finance approves.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10077. The commissioner shall have his principal office in the City of Sacramento, and may establish branch offices in the City and County of San Francisco, the City of Los Angeles and in such other cities as the commissioner may deem necessary, subject to the approval of the Department of Finance. (Added by Stats. 1943, Ch. 127.)
  73. 10078.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner must adopt an official seal for the office and use it to authenticate the office’s proceedings.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10078. (a) The commissioner shall adopt a seal with the words “Real Estate Commissioner State of California” and any other device as the commissioner may desire engraved thereon, by which the commissioner shall authenticate the proceedings of their office. (b) Copies of all records and papers in the office of the commissioner certified under the hand and seal of the commissioner shall be received in evidence in all cases equally and with like effect as the originals. (Amended by Stats. 2025, Ch. 786, Sec. 6. (SB 774) Effective January 1, 2026.)
  74. 10079.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The Attorney General must give the commissioner legal opinions and act as the commissioner’s lawyer, except as subdivision (b) provides. If a licensee refuses to obey a subpoena, the commissioner may ask the superior court for an order requiring the licensee to appear, produce evidence, or testify, and disobeying that order may be punished as contempt.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10079. (a) The Attorney General shall render to the commissioner opinions upon all questions of law relating to the construction or interpretation of this part or Chapter 1 of Part 2 or arising in the administration thereof that may be submitted to him or her by the commissioner. Except as provided in subdivision (b), the Attorney General shall act as the attorney for the commissioner in all actions and proceedings brought by or against him or her under or pursuant to any of the provisions of this part or of Chapter 1 of Part 2. (b) In the case of refusal by a licensee to obey a subpoena issued to that licensee, the commissioner may, by a noticed motion, apply to the superior court for, and the superior court may issue to the licensee, an order requiring the licensee to appear before the commissioner, or the representative designated by the commissioner, to produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation or in question. Failure of the licensee to obey the order of the court may be punished by the court as a contempt. (Amended by Stats. 2011, Ch. 717, Sec. 1. (SB 53) Effective January 1, 2012.)
  75. 10080.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner may adopt, amend, or repeal enforcement rules and regulations, as long as they are reasonably necessary and follow the Administrative Procedure Act.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10080. The commissioner may adopt, amend, or repeal rules and regulations that are reasonably necessary for the enforcement of the provisions of this part and of Chapter 1 (commencing with Section 11000) of Part 2 of this division. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act. (Amended by Stats. 2005, Ch. 77, Sec. 9. Effective January 1, 2006.)
  76. 10080.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    If the commissioner hires a credit-report agency, that agency must have been continuously engaged in that business in California for at least five years before being hired.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10080.5. In the event the commissioner employs the services of an agency engaged in the business of furnishing credit reports, such agency shall have been engaged in such business continuously in this State for a period of not less than five years prior to the time of such employment. (Added by Stats. 1945, Ch. 660.)
  77. 10080.9.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner may issue written citations for certain real estate licensing violations or unlicensed activity, may order corrections and fines up to $2,500, and can take further enforcement action if the citation is not complied with.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10080.9. (a) If, upon inspection, examination, or investigation, the commissioner has cause to believe that a person who does not possess a real estate license is engaged or has engaged in activities for which a real estate license is required, or that a person who does not possess a prepaid rental listing service license or a real estate broker license is engaged or has engaged in activities for which a license is required pursuant to Section 10167.2, or that a licensee is violating or has violated any provision of this division or any rule or order thereunder, the commissioner or his or her designated representative may issue a citation to that person in writing, describing with particularity the basis of the citation. Each citation may contain an order to correct the violation or violations identified and a reasonable time period or periods by which the violation or violations must be corrected. In addition, each citation may assess an administrative fine not to exceed two thousand five hundred dollars ($2,500), which shall be deposited into the Recovery Account of the Real Estate Fund and shall, upon appropriation by the Legislature, be available for expenditure for the purposes specified in Chapter 6.5 (commencing with Section 10470). In assessing a fine, the commissioner shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the person cited, and the history of previous violations. A citation issued and a fine assessed pursuant to this section, while constituting discipline for a violation of the law, shall be in lieu of other administrative discipline by the commissioner for the offense or offenses cited, and the citation against and payment of any fine by a licensee shall not be reported as disciplinary action taken by the commissioner. (b) Notwithstanding subdivision (a), nothing in this section shall prevent the commissioner from issuing an order to desist and refrain from engaging in a specific business activity or activities or an order to suspend all business operations to a person who is engaged in or has engaged in continued or repeated violations of this part. In any of these circumstances, the sanctions authorized under this section shall be separate from, and in addition to, all other administrative, civil, or criminal penalties. (c) If, within 30 days from the receipt of the citation or the citation and fine, the person cited fails to notify the commissioner that he or she intends to request a hearing as described in subdivision (d), the citation or the citation and fine shall be deemed final. (d) Any hearing under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (e) After the exhaustion of the review procedures provided for in this section, the commissioner may apply to the appropriate superior court for a judgment in the amount of any administrative penalty imposed pursuant to subdivision (a) and an order compelling the person cited to comply with the order of the commissioner. The application, which shall include a certified copy of the final order of the commissioner, shall constitute a sufficient showing to warrant issuing the judgment and order. (f) Failure of any person to comply with the terms of a citation or pay a fine assessed pursuant to this section, within a reasonable period specified by the commissioner, shall subject that person to disciplinary action by the commissioner. In no event may a license be issued or renewed if an unpaid fine remains outstanding or the terms of a citation have not been complied with. (Amended by Stats. 2016, Ch. 177, Sec. 18. (AB 685) Effective January 1, 2017.)
  78. 10081.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner may sue to stop violations, and the court may issue injunctions, appoint a receiver, and award restitution-related relief.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10081. (a) Whenever the commissioner believes from evidence satisfactory to him that any person has violated or is about to violate any of the provisions of this part or of Chapter 1 (commencing with Section 11000) of Part 2 or any order, license, permit, decision, demand or requirement, or any part or provision thereof, he or she may bring an action in the name of the people of the State of California in the superior court of the State of California against that person to enjoin him or her from continuing the violation or engaging therein or doing any act or acts in furtherance thereof. In this action an order or judgment may be entered awarding such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order shall be granted without at least five days’ notice to the defendant. If the commissioner makes a showing satisfactory to the court that the violations or threatened violations jeopardize funds and properties of others in the custody or under the control of the defendant, the court may appoint a receiver for management of the business of the defendant, including, but not limited to, the funds and properties of others in his or her possession or may make any other order as it deems appropriate to protect and preserve those funds and properties. The order appointing the receiver shall specify the source of the funds for payment of the fees of the receiver and the costs attributable to administering the receivership. Unless provided for in the order, the commissioner shall not be liable for payment of the fees or costs. (b) The commissioner may include in any action authorized by subdivision (a), a claim for restitution on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the court shall have jurisdiction to award appropriate relief to such persons. (Amended by Stats. 1988, Ch. 468, Sec. 1.)
  79. 10081.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner may sue to stop a real estate licensee from violating Section 10145. If an audit shows trust-fund commingling or conversion over $10,000, the court may restrain the licensee, hold a hearing within 5 days, and later appoint a receiver.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10081.5. Whenever the commissioner believes from evidence satisfactory to him or her that any real estate licensee has violated or is about to violate, the provisions of Section 10145, the commissioner may bring an action in the name of the people of the State of California, in the superior court of the State of California, to enjoin the licensee from continuing the violation or engaging therein or doing any act or acts in furtherance thereof. In the event the commissioner has conducted an audit which reflects commingling or conversion of trust funds in excess of ten thousand dollars ($10,000), the court may enter an order restraining the licensee from doing any act or acts in furtherance thereof, and from further exercising the privileges of his or her license pending further order of the court, provided that a hearing shall be held on the order within five days after the date thereof. After such hearing in the manner provided by law, an order may be entered appointing a receiver, or such other order as the court may deem proper. The order appointing the receiver shall specify the source of the funds from which the fees of the receiver and the costs of administering the receivership are to be paid. Unless provided for in the order, the commissioner shall not be liable for payment of the fees or costs. A receiver appointed by the court pursuant to this section may, with the approval of the court, exercise all of the powers of the licensee or its officers, directors, partners, trustees, or persons who exercise similar powers and perform similar duties, including the filing of a petition for bankruptcy of the licensee. (Amended by Stats. 1988, Ch. 468, Sec. 2.)
  80. 10082.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    The commissioner may publish a directory of licensed brokers and salespersons, and must give one copy to each licensed broker who requests it and pays the publication-based charge.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10082. The commissioner may publish or cause to be published at appropriate intervals a directory or list of licensed brokers and salespersons and may publish therewith any matter as the commissioner may deem pertinent to this part and Chapter 1 (commencing with Section 11000) of Part 2. The commissioner shall furnish one copy of the directory to each licensed broker upon request and payment of an appropriate charge based upon the cost of publication. The directory may contain copies of this part and Chapter 1 (commencing with Section 11000) of Part 2 and the rules and regulations of the commissioner. (Amended by Stats. 2025, Ch. 786, Sec. 7. (SB 774) Effective January 1, 2026.)
  81. 10083.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    The commissioner may issue and publish bulletins about the department, this part, Chapter 1 of Part 2, and their administration.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10083. The commissioner may periodically issue a bulletin containing matter relating to the department, and to the provisions of this part and of Chapter 1 (commencing with Section 11000) of Part 2, and the administration thereof, and may publish the same character of matter in any established periodical published in the state which in his opinion would be most likely to disseminate such matter and information to licensees under this part. (Amended by Stats. 1969, Ch. 138.)
  82. 10083.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner must post license-status information online, including suspensions, revocations, and certain accusations, but not personal information. The commissioner must disclose a licensee’s address of record, may allow an alternate address, and may remove certain old disciplinary postings if a licensed licensee petitions with a fee and rehabilitation evidence.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10083.2. (a) (1) The commissioner shall provide information on the internet regarding the status of every license issued by the department in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (2) The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department. (3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of the licensee’s home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as the licensee’s address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the internet. (4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (a) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code. (b) For purposes of this section, “internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538. (c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the department’s internet website for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal. (d) The department may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482. (e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the department. (f) The department shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The department shall make the list accessible to other licensing bodies. The department shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its internet website in response to petitions approved under subdivision (c). (Amended by Stats. 2023, Ch. 131, Sec. 6. (AB 1754) Effective January 1, 2024.)
  83. 10084.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    The commissioner may prepare a pamphlet or brochure about disclosures in residential real estate transactions and must provide copies on request to sellers, buyers, and real estate licensees for a fee tied to preparation and distribution costs.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10084. The commissioner may prepare a pamphlet or brochure dealing with disclosures of information in residential real estate transactions. The costs of preparation and distribution may be paid from such moneys as may from time to time be appropriated from the Real Estate Fund for education and research. The commissioner shall make copies of the pamphlet or brochure available upon request to sellers, buyers, and real estate licensees for a fee commensurate with the cost of preparation and distribution. Such fees as are collected shall be paid into the education and research account of the Real Estate Fund. (Added by Stats. 1977, Ch. 826.)
  84. 10084.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    The department must create a consumer booklet about common environmental hazards affecting real property, and it must get help from the State Department of Health Services.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10084.1. (a) Notwithstanding Section 10450.6, on or before January 1, 1991, the department, using funds appropriated from the Education and Research Account in the Real Estate Fund, shall develop a booklet to educate and inform consumers on all of the following: (1) Common environmental hazards that are located on, and affect, real property. The types of common environmental hazards shall include, but not be limited to, asbestos, radon gas, lead-based paint, formaldehyde, fuel and chemical storage tanks, and water and soil contamination. (2) The significance of common environmental hazards and what can be done to mitigate these hazards. (3) What sources can provide more information on common environmental hazards for the consumer. (b) The department shall seek the advice of the State Department of Health Services to assist it in determining the contents of the booklet prepared pursuant to this section, and shall seek the assistance of the State Department of Health Services in the writing of the booklet. (Added by Stats. 1989, Ch. 969, Sec. 1. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
  85. 10084.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    The Department of Toxic Substances Control must seek advice and assistance from departments within the Natural Resources Agency when writing the booklet for this section.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10084.2. (a) As existing resources permit, or as private resources are made available, the Homeowners’ Guide to Environmental Hazards prepared pursuant to Section 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise. (b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section. (Amended by Stats. 2025, Ch. 263, Sec. 2. (AB 455) Effective January 1, 2026.)
  86. 10085.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    The commissioner may require advance-fee agreement materials to be submitted 10 days before use, may block misleading materials, and can set the form of advance-fee agreements.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10085. The commissioner may require that any or all materials used in obtaining advance fee agreements, including but not limited to the contract forms, letters or cards used to solicit prospective sellers, and radio and television advertising be submitted to him or her at least 10 calendar days before they are used. Should the commissioner determine that any such matter, when used alone or with any other matter, would tend to mislead he or she may, within 10 calendar days of the date he or she receives same, order that it not be used, disseminated, nor published. Any person or entity using, disseminating, or publishing any matter which the commissioner has ordered, pursuant to this section, not to be used, published, or disseminated shall be guilty of a misdemeanor punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or by imprisonment in the county jail not exceeding six months, or both, for each such use, dissemination, or publication. The commissioner may determine the form of the advance fee agreements, and all material used in soliciting prospective owners and sellers shall be used in the form and manner which he or she determines is necessary to carry out the purposes and intent of this part. Any violation of any of the provisions of this part or of the rules, regulations, orders or requirements of the commissioner thereunder shall constitute grounds for disciplinary action against a licensee, or for proceedings under Section 10081 of this code, or both. These sanctions are in addition to the criminal proceedings hereinbefore provided. (Amended by Stats. 2009, Ch. 630, Sec. 4. (SB 94) Effective October 11, 2009.)
  87. 10085.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    A person may not take or charge an advance fee for certain real-estate-loan services unless the person is a licensed real estate broker who has complied with the part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10085.5. (a) It shall be unlawful for any person to claim, demand, charge, receive, collect, or contract for an advance fee (1) for soliciting lenders on behalf of borrowers or performing services for borrowers in connection with loans to be secured directly or collaterally by a lien on real property, before the borrower becomes obligated to complete the loan or, (2) for performing any other activities for which a license is required, unless the person is a licensed real estate broker and has complied with the provisions of this part. (b) This section does not prohibit the acceptance or receipt of an advance fee by any bank, savings association, credit union, industrial loan company, or person acting within the scope of a license issued to that person pursuant to Division 9 (commencing with Section 22000) of the Financial Code, in connection with loans to be secured directly or collaterally by a lien on real property. This section does not apply to charges made by title insurers and controlled escrow companies pursuant to Chapter 1 (commencing with Section 12340) of Part 6 of Division 2 of the Insurance Code. (c) A violation of this section is a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail for a term not to exceed six months, or by both that fine and imprisonment, or if by a corporation, the violation is punishable by a fine not exceeding fifty thousand dollars ($50,000). (Amended by Stats. 1998, Ch. 485, Sec. 7. Effective January 1, 1999.)
  88. 10085.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    A licensee handling paid mortgage loan modification or forbearance work for a borrower must not collect compensation before fully performing, and must not take a wage assignment, lien, security, or power of attorney from the borrower.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10085.6. (a) Notwithstanding any other provision of law, it shall be unlawful for any licensee who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other compensation paid by the borrower, to do any of the following: (1) Claim, demand, charge, collect, or receive any compensation until after the licensee has fully performed each and every service the licensee contracted to perform or represented that he, she, or it would perform. (2) Take any wage assignment, any lien of any type on real or personal property, or other security to secure the payment of compensation. (3) Take any power of attorney from the borrower for any purpose. (b) A violation of this section by a natural person who is a licensee is a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail for a term not to exceed one year, or by both that fine and imprisonment, or if by a corporation, the violation is punishable by a fine not exceeding fifty thousand dollars ($50,000). These penalties are cumulative to any other remedies or penalties provided by law. (c) This section shall apply only to mortgages and deeds of trust secured by residential real property containing four or fewer dwelling units. (Amended by Stats. 2012, Ch. 569, Sec. 1. (AB 1950) Effective January 1, 2013.)
  89. 10086.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

    Verify source ↗

    The Real Estate Commissioner may order a person to stop certain unlawful activity, and the respondent must stop immediately when served.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10086. (a) If the commissioner determines through an investigation that (1) a person has engaged or is engaging in an activity which is a violation of a provision of this part, other than a provision of Article 8 (commencing with Section 10249) of Chapter 3, or which is a violation of a regulation of the commissioner adopted for the purpose of implementing any provision of this part, other than a regulation adopted pursuant to a provision of Article 8 (commencing with Section 10249) of Chapter 3, or (2) a real estate broker has engaged in or is engaging in an activity which is a violation of a provision of Division 6 (commencing with Section 17000) of the Financial Code, and which is not exempt pursuant to paragraph (4) of subdivision (a) of Section 17006, the commissioner may direct the person to desist and refrain from such activity by issuance of an order specifying the nature of the activity and the factual and legal basis for his or her determination. The respondent to whom the order is directed shall immediately, upon receipt of the order, cease the activity described in the order. (b) The respondent may, within 30 days after service of the order to desist and refrain, file a request for a hearing. If, with the request for hearing, the respondent also files a written verification that the order of the commissioner precludes him or her from further engaging in a substantial proportion of his or her business, the commissioner shall, within 10 days thereafter, file an action in superior court to restrain the respondent from continuing the activity or doing any act in furtherance thereof pending the completion of a hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. If the commissioner fails to bring the action in superior court within the time prescribed by this section, or if the court refuses to restrain the respondent pending the decision of the commissioner following the administrative hearing, the respondent may resume the activities in question pending the rendering of the decision of the commissioner following the administrative hearing. (c) The administrative hearing shall be commenced by the commissioner within 30 days after receipt of respondent’s request unless the respondent agrees to a postponement. If the hearing is not commenced within 30 days after receipt of respondent’s request or on the date to which continued with respondent’s consent, or if the commissioner does not render a decision within 15 days after receipt of the proposed decision following the hearing, the order shall be deemed rescinded. (d) The provisions of Section 11019, and not the provisions of this section, shall apply in the case of an activity which the commissioner determines to be in violation of Article 8 (commencing with Section 10249) of Chapter 3 or of a regulation of the commissioner for implementation of any provision of that article. (Amended by Stats. 1992, Ch. 861, Sec. 1. Effective January 1, 1993.)
  90. 10087.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner may suspend or bar certain real estate licensees or unlicensed persons from employment, management, control, or licensure exams for up to 36 months, after notice and a hearing opportunity. A person served with a notice of intention may request a hearing within 15 days; otherwise that right may be waived. A person subject to a proposed order is immediately prohibited from real estate business activity, and suspended or barred persons face additional activity restrictions.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10087. (a) In addition to acting pursuant to the authority provided under Sections 10086, 10176, and 10177, the commissioner may, after appropriate notice and opportunity for a hearing, by order, suspend, bar from any position of employment, management, or control, or bar from participation in an examination for licensure, for a period not exceeding 36 months, a real estate salesperson or real estate broker, or an unlicensed person issued an order under Section 10086, if the commissioner finds either of the following: (1) That the suspension or bar is in the public interest and that the person has committed or caused a violation of this division or rule or order of the commissioner, which violation was either known or should have been known by the person committing or causing it or has caused material damage to the public. (2) That the person has been convicted of or pleaded nolo contendere to any crime, or has been held liable in any civil action by final judgment, or any administrative judgment by any public agency, if that crime or civil or administrative judgment involved any offense involving dishonesty, fraud, or deceit, or any other offense reasonably related to the qualifications, functions, or duties of a person engaged in the real estate business in accordance with the provisions of this division. (b) Within 15 days from the date of a notice of intention to issue an order pursuant to subdivision (a), the person may request a hearing under the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) of Division 3 of Title 2 of the Government Code). If no hearing is requested within 15 days after the mailing or service of that notice and none is ordered by the commissioner, the failure to request a hearing shall constitute a waiver of the right to a hearing. (c) Upon receipt of a notice of intention to issue an order pursuant to this section, the person who is the subject of the proposed order is immediately prohibited from engaging in any business activity involving real estate that is subject to regulation under this division. (d) Persons suspended or barred under this section are prohibited from participating in any business activity of a real estate salesperson or a real estate broker and from engaging in any real estate-related business activity on the premises where a real estate salesperson or real estate broker is conducting business. Persons suspended or barred under this section are also prohibited from participating in any real estate-related business activity of a finance lender, residential mortgage lender, bank, credit union, escrow company, title company, or underwritten title company. Persons suspended or barred from a position of employment, management, or control under this section are also barred from participating in examinations for licensure. (Amended by Stats. 2012, Ch. 380, Sec. 1. (SB 875) Effective January 1, 2013.)
  91. 10088.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. )

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    The commissioner may publicly confirm an investigation or proceeding in limited circumstances, and any release naming the subject must say the subject is entitled to a public hearing.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. The Real Estate Commissioner [10050 - 10088] ( Article 1 repealed and added by Stats. 1976, Ch. 375. ) ## 10088. After the filing of a desist and refrain order or a bar order, or the commencement of a formal disciplinary action by the commissioner, and upon a finding by the commissioner that action is warranted for the protection of the public, and that failure to act is likely to result in grievous harm to the public, the commissioner may make information public confirming the fact of an investigation or proceeding regarding a licensee or unlicensed person believed to be engaging in activities for which a real estate license is required. Any release that contains the identity of a person or business under investigation shall include language explaining that the subject of the release is entitled to a public hearing on the merits of the desist and refrain order, bar order, or accusation or accusations against that person or business. The release may also clarify the procedural aspects and current status of the investigation or proceeding. (Added by Stats. 2011, Ch. 717, Sec. 3. (SB 53) Effective January 1, 2012.)
  92. 101.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    The department consists of a listed set of boards, bureaus, committees, and programs, plus any other boards, offices, or officers subject to its jurisdiction by law.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 101. The department is comprised of the following: (a) The Dental Board of California. (b) The Medical Board of California. (c) The California State Board of Optometry. (d) The California State Board of Pharmacy. (e) The Veterinary Medical Board. (f) The California Board of Accountancy. (g) The California Architects Board. (h) The State Board of Barbering and Cosmetology. (i) The Board for Professional Engineers, Land Surveyors, and Geologists. (j) The Contractors State License Board. (k) The Bureau for Private Postsecondary Education. (l) The Bureau of Household Goods and Services. (m) The Board of Registered Nursing. (n) The Board of Behavioral Sciences. (o) The State Athletic Commission. (p) The Cemetery and Funeral Bureau. (q) The Bureau of Security and Investigative Services. (r) The Court Reporters Board of California. (s) The Board of Vocational Nursing and Psychiatric Technicians. (t) The Landscape Architects Technical Committee. (u) The Division of Investigation. (v) The Bureau of Automotive Repair. (w) The Respiratory Care Board of California. (x) The Acupuncture Board. (y) The Board of Psychology. (z) The Podiatric Medical Board of California. (aa) The Physical Therapy Board of California. (ab) The Arbitration Review Program. (ac) The Physician Assistant Board. (ad) The Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board. (ae) The California Board of Occupational Therapy. (af) The Osteopathic Medical Board of California. (ag) The California Board of Naturopathic Medicine. (ah) The Dental Hygiene Board of California. (ai) The Professional Fiduciaries Bureau. (aj) The State Board of Chiropractic Examiners. (ak) The Bureau of Real Estate Appraisers. (al) The Structural Pest Control Board. (am) Any other boards, offices, or officers subject to its jurisdiction by law. (Amended by Stats. 2022, Ch. 414, Sec. 1. (AB 2685) Effective January 1, 2023.)
  93. 101.6.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    The department’s boards, bureaus, and commissions may set qualification standards, license or register practitioners, investigate complaints, discipline licensees when warranted, and conduct periodic compliance checks.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 101.6. The boards, bureaus, and commissions in the department are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities which have potential impact upon the public health, safety, and welfare are adequately regulated in order to protect the people of California. To this end, they establish minimum qualifications and levels of competency and license persons desiring to engage in the occupations they regulate upon determining that such persons possess the requisite skills and qualifications necessary to provide safe and effective services to the public, or register or otherwise certify persons in order to identify practitioners and ensure performance according to set and accepted professional standards. They provide a means for redress of grievances by investigating allegations of unprofessional conduct, incompetence, fraudulent action, or unlawful activity brought to their attention by members of the public and institute disciplinary action against persons licensed or registered under the provisions of this code when such action is warranted. In addition, they conduct periodic checks of licensees, registrants, or otherwise certified persons in order to ensure compliance with the relevant sections of this code. (Added by Stats. 1980, Ch. 375, Sec. 1.)
  94. 101.7.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. )

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    Boards must meet at least twice each calendar year, including once in northern California and once in southern California. The director may exempt a board for good cause and may call a special meeting if a board is not fulfilling its duties.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 1. The Department [100 - 144.7] ( Chapter 1 enacted by Stats. 1937, Ch. 399. ) ## 101.7. (a) Notwithstanding any other provision of law, boards shall meet at least two times each calendar year. Boards shall meet at least once each calendar year in northern California and once each calendar year in southern California in order to facilitate participation by the public and its licensees. (b) The director has discretion to exempt any board from the requirement in subdivision (a) upon a showing of good cause that the board is not able to meet at least two times in a calendar year. (c) The director may call for a special meeting of the board when a board is not fulfilling its duties. (d) An agency within the department that is required to provide a written notice pursuant to subdivision (a) of Section 11125 of the Government Code, may provide that notice by regular mail, email, or by both regular mail and email. An agency shall give a person who requests a notice the option of receiving the notice by regular mail, email, or by both regular mail and email. The agency shall comply with the requester’s chosen form or forms of notice. (e) An agency that plans to webcast a meeting shall include in the meeting notice required pursuant to subdivision (a) of Section 11125 of the Government Code a statement of the board’s intent to webcast the meeting. An agency may webcast a meeting even if the agency fails to include that statement of intent in the notice. (Amended by Stats. 2019, Ch. 351, Sec. 9. (AB 496) Effective January 1, 2020.)
  95. 10100.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. )

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    The department must follow specified procedures before suspending or revoking certain licenses, and it must use a different procedure when denying a license application.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. ) ## 10100. (a) Before suspending or revoking a license or license endorsement issued under the provisions of this part, the department shall proceed as prescribed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted therein. (b) Upon denial of an application for a license or license endorsement issuable under the provisions of this part, the department shall proceed under Sections 485 to 488, inclusive. (Amended by Stats. 2012, Ch. 380, Sec. 2. (SB 875) Effective January 1, 2013.)
  96. 10100.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. )

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    A licensee with a pending investigation or filed accusation may ask the commissioner to let them voluntarily surrender the license. The surrender takes effect only when the commissioner accepts it, and later relicensing requires a reinstatement petition.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. ) ## 10100.2. A licensee against whom an investigation is pending or an accusation has been filed pursuant to Section 11503 of the Government Code may petition the commissioner to voluntarily surrender his or her license. The surrender of a license shall become effective upon acceptance by the commissioner and thereafter, a surrendered licensee may be relicensed only by petitioning for reinstatement pursuant to Section 11522 of the Government Code. When deciding a petition for reinstatement, the commissioner may consider all relevant evidence, including affidavits. (Added by Stats. 1996, Ch. 587, Sec. 1. Effective January 1, 1997.)
  97. 10100.4.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. )

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    The department may settle with a licensee or applicant instead of issuing an accusation or statement of issues.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. ) ## 10100.4. (a) Notwithstanding Section 11415.60 of the Government Code, the department may enter into a settlement with a licensee or applicant instead of the issuance of an accusation or statement of issues against that licensee or applicant. (b) The settlement shall identify the factual basis for the action being taken and the statutes or regulations violated. (c) A person who enters a settlement pursuant to this section is not precluded from filing a petition, in the timeframe permitted by law, to modify the terms of the settlement or a petition for early termination of probation, if probation is part of the settlement. (d) Any settlement with a licensee executed pursuant to this section shall be considered discipline by the department. (Added by Stats. 2011, Ch. 712, Sec. 5. (SB 706) Effective January 1, 2012.)
  98. 10101.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. )

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    A disciplinary accusation must be filed within 3 years of the alleged grounds, with a fraud/misrepresentation/false promise case allowing filing within 1 year after discovery or 3 years after the event, whichever is later, and never more than 10 years after the alleged grounds.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. ) ## 10101. The accusation provided for by Section 11503 of the Government Code shall be filed not later than three years from the occurrence of the alleged grounds for disciplinary action unless the acts or omissions with which the licensee is charged involves fraud, misrepresentation or a false promise in which case the accusation shall be filed within one year after the date of discovery by the aggrieved party of the fraud, misrepresentation or false promise or within three years after the occurrence thereof, whichever is later, except that in no case shall an accusation be filed later than 10 years from the occurrence of the alleged grounds for disciplinary action. (Amended by Stats. 1977, Ch. 546.)
  99. 10103.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. )

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    The department keeps jurisdiction over a license even if it has lapsed, been suspended, or been voluntarily surrendered.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. ) ## 10103. The lapsing or suspension of a license by operation of law or by order or decision of the department or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the department of jurisdiction to proceed with any investigation of or action or disciplinary proceeding against such licensee, or to render a decision suspending or revoking such license. (Amended by Stats. 1978, Ch. 651.)
  100. 10106.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. )

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    The department can seek recovery of reasonable investigation and enforcement costs from a disciplined licensee, and it generally may not renew or reinstate a license until those ordered costs are paid.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 2. Administration [10050 - 10106] ( Chapter 2 added by Stats. 1943, Ch. 127. ) ## ARTICLE 3. Hearings [10100 - 10106] ( Article 3 added by Stats. 1943, Ch. 127. ) ## 10106. (a) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before the department, the commissioner may request the administrative law judge to direct a licensee found to have committed a violation of this part to pay a sum not to exceed the reasonable costs of the investigation and enforcement of the case. (b) In the case of a disciplined licensee that is a corporation or a partnership, the order may be made against the licensed corporate entity or licensed partnership. (c) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the commissioner or the commissioner’s designated representative, shall be prima facie evidence of reasonable costs of investigation and prosecution of the case. The costs shall include the amount of investigative and enforcement costs up to the date of the hearing, including, but not limited to, charges imposed by the Attorney General. (d) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to subdivision (a). The finding of the administrative law judge with regard to costs shall not be reviewable by the commissioner to increase the cost award. The commissioner may reduce or eliminate the cost award, or remand to the administrative law judge where the proposed decision fails to make a finding on costs requested pursuant to subdivision (a). (e) Where an order for recovery of costs is made and timely payment is not made as directed in the commissioner’s decision, the commissioner may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the commissioner may have as to any licentiate to pay costs. (f) In any action for recovery of costs, proof of the commissioner’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment. (g) (1) Except as provided in paragraph (2), the department shall not renew or reinstate the license of any licensee who has failed to pay all of the costs ordered under this section. (2) The department may, in its discretion, conditionally renew or reinstate for a maximum of one year the license of any licensee who demonstrates financial hardship and who enters into a formal agreement with the department to reimburse the department within that one-year period for the unpaid costs. (h) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the Real Estate Fund to be available, notwithstanding Section 10451, upon appropriation by the Legislature. (i) Nothing in this section shall preclude the department from including the recovery of the costs of investigation and enforcement of a case in any stipulated settlement. (Added by Stats. 2011, Ch. 712, Sec. 6. (SB 706) Effective January 1, 2012.)
  101. 10130.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A person may not act or advertise as a real estate broker, real estate salesperson, or mortgage loan originator in this state without the required license or license endorsement.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10130. It is unlawful for any person to engage in the business of, act in the capacity of, advertise as, or assume to act as a real estate broker or a real estate salesperson within this state without first obtaining a real estate license from the department, or to engage in the business of, act in the capacity of, advertise as, or assume to act as a mortgage loan originator within this state without having obtained a license endorsement. The commissioner may prefer a complaint for violation of this section before any court of competent jurisdiction, and the commissioner and his or her counsel, deputies, or assistants may assist in presenting the law or facts at the trial. It is the duty of the district attorney of each county in this state to prosecute all violations of this section in their respective counties in which the violations occur. (Amended by Stats. 2012, Ch. 569, Sec. 2. (AB 1950) Effective January 1, 2013.)
  102. 10131.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    This section defines who counts as a real estate broker for this part if they perform or negotiate certain real-estate-related acts for compensation or expected compensation.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131. A real estate broker within the meaning of this part is a person who, for a compensation or in expectation of a compensation, regardless of the form or time of payment, does or negotiates to do one or more of the following acts for another or others: (a) Sells or offers to sell, buys or offers to buy, solicits prospective sellers or buyers of, solicits or obtains listings of, or negotiates the purchase, sale, or exchange of real property or a business opportunity. (b) Leases or rents or offers to lease or rent, or places for rent, or solicits listings of places for rent, or solicits for prospective tenants, or negotiates the sale, purchase, or exchanges of leases on real property, or on a business opportunity, or collects rents from real property, or improvements thereon, or from business opportunities. (c) Assists or offers to assist in filing an application for the purchase or lease of, or in locating or entering upon, lands owned by the state or federal government. (d) Solicits borrowers or lenders for or negotiates loans or collects payments or performs services for borrowers or lenders or note owners in connection with loans secured directly or collaterally by liens on real property or on a business opportunity. (e) Sells or offers to sell, buys or offers to buy, or exchanges or offers to exchange a real property sales contract, or a promissory note secured directly or collaterally by a lien on real property or on a business opportunity, and performs services for the holders thereof. (Amended by Stats. 2018, Ch. 285, Sec. 27. (AB 2884) Effective January 1, 2019.)
  103. 10131.01.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Brokers or salespersons must reasonably supervise and control nonlicensed persons acting under paragraph (3), and brokers who employ those persons must comply with Section 10163 for each relevant property.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131.01. (a) Subdivision (b) of Section 10131 does not apply to (1) the manager of a hotel, motel, auto and trailer park, to the resident manager of an apartment building, apartment complex, or court, or to the employees of that manager, or (2) any person or entity, including a person employed by a real estate broker, who, on behalf of another or others, solicits or arranges, or accepts reservations or money, or both, for transient occupancies described in paragraphs (1) and (2) of subdivision (b) of Section 1940 of the Civil Code, in a dwelling unit in a common interest development, as defined in Section 4100 of the Civil Code, in a dwelling unit in an apartment building or complex, or in a single-family home, or (3) any person other than the resident manager or employees of that manager, performing the following functions, who is the employee of the property management firm retained to manage a residential apartment building or complex or court and who is performing under the supervision and control of a broker of record who is an employee of that property management firm or a salesperson licensed to the broker who meets certain minimum requirements as specified in a regulation issued by the commissioner: (A) Showing rental units and common areas to prospective tenants. (B) Providing or accepting preprinted rental applications, or responding to inquiries from a prospective tenant concerning the completion of the application. (C) Accepting deposits or fees for credit checks or administrative costs and accepting security deposits and rents. (D) Providing information about rental rates and other terms and provisions of a lease or rental agreement, as set out in a schedule provided by an employer. (E) Accepting signed leases and rental agreements from prospective tenants. (b) A broker or salesperson shall exercise reasonable supervision and control over the activities of nonlicensed persons acting under paragraph (3) of subdivision (a). (c) A broker employing nonlicensed persons to act under paragraph (3) of subdivision (a) shall comply with Section 10163 for each apartment building or complex or court where the nonlicensed persons are employed. (Amended by Stats. 2012, Ch. 181, Sec. 1. (AB 806) Effective January 1, 2013. Operative January 1, 2014, by Sec. 86 of Ch. 181.)
  104. 10131.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    This section defines when a person is treated as a real estate broker for this part, including certain principal transactions involving real property sales contracts, promissory notes, and related loans or servicing agreements.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131.1. (a) A real estate broker within the meaning of this part is also a person who engages as a principal in the business of making loans or buying from, selling to, or exchanging with the public, real property sales contracts or promissory notes secured directly or collaterally by liens on real property, or who makes agreements with the public for the collection of payments or for the performance of services in connection with real property sales contracts or promissory notes secured directly or collaterally by liens on real property. (b) As used in this section: (1) “In the business” means any of the following: (A) The acquisition for resale to the public, and not as an investment, of eight or more real property sales contracts or promissory notes secured directly or collaterally by liens on real property during a calendar year. (B) The sale to or exchange with the public of eight or more real property sales contracts or promissory notes secured directly or collaterally by liens on real property during a calendar year. However, no transaction negotiated through a real estate licensee shall be considered in determining whether a person is a real estate broker within the meaning of this section. (C) The making of eight or more loans in a calendar year from the person’s own funds to the public when those loans are held or resold and are secured directly or collaterally by a lien on residential real property consisting of a single dwelling unit in a condominium or cooperative or on any parcel containing only residential buildings if the total number of units on the parcel is four or less. However, no transaction negotiated through a real estate broker who meets the criteria of subdivision (a) or (b) of Section 10232 shall be considered in determining whether a person is a real estate broker within the meaning of this section. (2) “Sale,” “resale,” and “exchange” include every disposition of any interest in a real property sales contract or promissory note secured directly or collaterally by a lien on real property, except the original issuance of a promissory note by a borrower or a real property sales contract by a vendor, either of which is to be secured directly by a lien on real property owned by the borrower or vendor. (3) “Own funds” means either of the following: (A) Cash, corporate capital, or warehouse credit lines at commercial banks, savings banks, savings and loan associations, industrial loan companies, or other sources that are liability items on the person’s financial statements, whether secured or unsecured. (B) Cash, corporate capital, or warehouse credit lines at commercial banks, savings banks, savings and loan associations, industrial loan companies, or other sources that are liability items on the financial statement of an affiliate of the person, whether secured or unsecured. (4) “Own funds” does not include funds provided by a third party to fund a loan on condition that the third party will subsequently purchase or accept an assignment of the loan. (Amended by Stats. 2007, Ch. 301, Sec. 2. Effective January 1, 2008.)
  105. 10131.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    This section expands the meaning of “real estate broker” to include certain people who collect or charge advance fees in specified real-estate or business-opportunity promotion work.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131.2. A real estate broker within the meaning of this part is also a person who engages in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease of real property or of a business opportunity by advance fee listing, advertisement or other offering to sell, lease, exchange or rent property or a business opportunity, or to obtain a loan or loans thereon. (Amended by Stats. 1965, Ch. 172.)
  106. 10131.3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    This section treats certain people who handle securities for others for compensation, or expect compensation, as real estate brokers under this part, but excludes licensed broker-dealers and their agents.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131.3. A real estate broker within the meaning of this part is also a person who, for another or others, for compensation or in expectation of compensation, issues or sells, solicits prospective sellers or purchasers of, solicits or obtains listings of, or negotiates the purchase, sale, or exchange of securities as specified in Section 25206 of the Corporations Code. The provisions of this section do not apply to a broker-dealer or agent of a broker-dealer licensed by the Commissioner of Financial Protection and Innovation under the provisions of the Corporate Securities Law of 1968. (Amended by Stats. 2022, Ch. 452, Sec. 8. (SB 1498) Effective January 1, 2023.)
  107. 10131.4.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    This section says a person is treated as a real estate broker if, for compensation or expected compensation, they perform certain brokerage activities involving mineral, oil, or gas property.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131.4. A real estate broker within the meaning of this part is also a person who acts for another or others for compensation or in expectation of compensation, to do one or more of the following acts: (a) To sell or offer for sale, buy or offer to buy, solicit prospective sellers or purchasers, solicit or obtain listings, or negotiate the purchase, sale, or exchange of mineral, oil, or gas property. (b) To solicit borrowers or lenders for or negotiate loans on mineral, oil, or gas property, or collect payments for lenders in connection with these loans. (c) To lease or offer to lease or negotiate the sale, purchase, or exchange of leases on mineral, oil, or gas property. (d) To rent or place for rent, mineral, oil, or gas property or to collect rent or royalties from mineral, oil, or gas property or improvements thereon. (e) Other than as an officer or employee of the state or federal government, to assist or offer to assist another or others in filing an application for the purchase or lease of, or to locate or enter upon mineral, oil, or gas property owned by the state or federal government. (Added by Stats. 1993, Ch. 416, Sec. 1. Effective January 1, 1994.)
  108. 10131.45.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    This section expands the definition of a real estate broker to include certain principal activities involving mineral, oil, or gas property and mining claims.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131.45. A real estate broker within the meaning of this part is also a person who engages in the following businesses as a principal: (a) Except as provided in subdivision (d) of Section 10133.35, buying or leasing, or taking an option on mineral, oil, or gas property for the purpose of sale, exchange, lease, sublease, or assignment of a lease of the property or any part of the property. (b) Offering mining claims or any interest therein for sale or assignment. (Added by Stats. 1993, Ch. 416, Sec. 2. Effective January 1, 1994.)
  109. 10131.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A nonresident of California may become a real estate broker if they conform to all provisions of this part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131.5. A nonresident of California may become a real estate broker by conforming to all of the provisions of this part. (Added by Stats. 1947, Ch. 455.)
  110. 10131.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A licensed real estate broker may handle manufactured homes or mobilehomes only if they are registered, and a broker may not keep a sales place with two or more such homes displayed unless also licensed as a mobilehome dealer.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131.6. (a) Notwithstanding any other provision of law, a person licensed as a real estate broker may sell or offer to sell, buy or offer to buy, solicit prospective purchasers of, solicit or obtain listings of, or negotiate the purchase, sale, or exchange of any manufactured home or mobilehome only if the manufactured home or mobilehome has been registered under Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code. (b) No real estate broker who engages in the activities authorized by this section shall maintain any place of business where two or more manufactured homes or mobilehomes are displayed and offered for sale by the person, unless the broker is also licensed as a mobilehome dealer as provided for by Part 2 (commencing with Section 18000) of Division 13 of the Health and Safety Code. (c) As used in this chapter, “manufactured home” means a structure as defined in Section 18007 of the Health and Safety Code, and “mobilehome” means a structure as defined in Section 18008 of the Health and Safety Code. “Manufactured home” and “Mobilehome” do not include a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, a commercial modular, as defined in Section 18001.8 of the Health and Safety Code, or factory-built housing, as defined in Section 19971 of the Health and Safety Code. (d) In order to carry out this section, the commissioner shall prescribe by regulation, after consultation with the Department of Housing and Community Development, methods and procedures to assure compliance with requirements of the Health and Safety Code pertaining to manufactured home and mobilehome registration, collection of sales and use taxes, and transaction documentation. (e) Nothing in this section increases or decreases, or in any way preempts, consumer notice requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 and related regulations which are set forth in Sections 5414 and 5422 of Title 42 of the United States Code and Subparts E and I of Title 24 of the Code of Federal Regulations. (Amended by Stats. 2010, Ch. 610, Sec. 1. (AB 2762) Effective January 1, 2011.)
  111. 10131.7.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A real estate licensee acting under Section 10131.6 may not engage in several listed advertising and title-transfer practices for manufactured homes or mobilehomes.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10131.7. It is unlawful for any real estate licensee acting under authority of Section 10131.6 to do any of the following: (a) To advertise or offer for sale in any manner any manufactured home or mobilehome, unless it is either in place on a lot rented or leased for human habitation within an established mobilehome park as defined in Section 18214 of the Health and Safety Code and the advertising or offering for sale is not contrary to any terms of a contract between the seller of the manufactured home or mobilehome and the owner of the mobilehome park, or is otherwise located, pursuant to a local zoning ordinance or permit, on a lot where its presence has been authorized or its continued presence and that use would be authorized for a total and uninterrupted period of at least one year. (b) To fail to withdraw any advertisement of a manufactured home or mobilehome for sale, lease, or exchange within 48 hours after the real estate licensee’s receipt of notice that the manufactured home or mobilehome is no longer available for sale, lease, or exchange. (c) To advertise or represent a mobilehome as a new mobilehome or a manufactured home as a new manufactured home. (d) To include as an added cost to the selling price of a mobilehome, an amount for licensing, as prescribed by Section 10751 of the Revenue and Taxation Code, except where the buyer and seller agree to the proration of the license fees for the applicable license period, or transfer of title of the mobilehome as a vehicle, which amount is not due to the state unless, prior to the sale, the amount has been paid by the licensee to the state in order to avoid penalties that would have accrued because of late payment of the fees. (e) To make any representation that a manufactured home or mobilehome is capable of being transported on California highways if the manufactured home or mobilehome does not meet all of the equipment requirements applicable to manufactured homes or mobilehomes of Division 12 (commencing with Section 24000) of the Vehicle Code, or to fail to disclose any material fact respecting those equipment requirements. (f) To advertise or otherwise represent, or knowingly to allow to be advertised or represented on the real estate licensee’s behalf or at the real estate licensee’s place of business, that no downpayment is required in connection with the sale of a manufactured home or mobilehome when downpayment is in fact required and the buyer is advised or induced to finance the downpayment by a loan in addition to any other loan financing the remainder of the purchase price of the manufactured home or mobilehome. (g) To fail or neglect properly to cause the endorsement, dating, and delivery (or fail to endorse, date, and deliver) of the certificate of ownership or certificate of title of the manufactured home or mobilehome, and, when having possession, to fail to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration. Except when the certificate of ownership or certificate of title is demanded in writing by a purchaser, the licensee shall satisfy the delivery requirement of this subdivision by submitting appropriate documents and fees to the Department of Housing and Community Development for transfer of registration in accordance with Chapter 8 (commencing with Section 18075) of Part 2 of Division 13 of the Health and Safety Code and rules and regulations promulgated thereunder. (Amended by Stats. 2010, Ch. 610, Sec. 1.3. (AB 2762) Effective January 1, 2011.)
  112. 10133.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Section 10133 exempts certain people from the real estate license requirement for the acts described in Section 10131, with conditions and a misuse carve-out.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10133. (a) The acts described in Section 10131 are not acts for which a real estate license is required if performed by: (1) A regular officer of a corporation or a general partner of a partnership with respect to real property owned or leased by the corporation or partnership, respectively, or in connection with the proposed purchase or leasing of real property by the corporation or partnership, respectively, if the acts are not performed by the officer or partner in expectation of special compensation. (2) A person holding a duly executed power of attorney from the owner of the real property with respect to which the acts are performed. (3) An attorney at law in rendering legal services to a client. (4) A receiver, trustee in bankruptcy or other person acting under order of a court of competent jurisdiction. (5) A trustee for the beneficiary of a deed of trust when selling under authority of that deed of trust. (b) The exemptions in subdivision (a) are not applicable to a person who uses or attempts to use them for the purpose of evading the provisions of this part. (Amended by Stats. 1985, Ch. 476, Sec. 1.)
  113. 10133.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    This section exempts several listed real-estate-related persons and entities from specified code provisions, and gives the commissioner power to discipline and regulate nonlicensed employee conduct in one subdivision.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10133.1. (a) Subdivisions (d) and (e) of Section 10131, Section 10131.1, Article 5 (commencing with Section 10230), and Article 7 (commencing with Section 10240) of this code and Section 1695.13 of the Civil Code do not apply to any of the following: (1) Any person or employee thereof doing business under any law of this state, any other state, or the United States relating to banks, trust companies, savings and loan associations, industrial loan companies, pension trusts, credit unions, or insurance companies. (2) Any nonprofit cooperative association organized under Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, in loaning or advancing money in connection with any activity mentioned therein. (3) Any corporation, association, syndicate, joint stock company, or partnership engaged exclusively in the business of marketing agricultural, horticultural, viticultural, dairy, livestock, poultry, or bee products on a cooperative nonprofit basis, in loaning or advancing money to the members thereof or in connection with any business of that type. (4) Any corporation securing money or credit from any federal intermediate credit bank organized and existing pursuant to the provisions of an act of Congress entitled the “Agricultural Credits Act of 1923,” in loaning or advancing money or credit so secured. (5) Any person licensed to practice law in this state, not actively and principally engaged in the business of negotiating loans secured by real property, when that person renders services in the course of his or her practice as an attorney at law, and the disbursements of that person, whether paid by the borrower or other person, are not charges or costs and expenses regulated by or subject to the limitations of Article 7 (commencing with Section 10240), and the fees and disbursements are not shared, directly or indirectly, with the person negotiating the loan or the lender. (6) Any person licensed as a finance lender when acting under the authority of that license. (7) Any cemetery authority as defined by Section 7018 of the Health and Safety Code, that is authorized to do business in this state or its authorized agent. (8) Any person authorized in writing by a savings institution to act as an agent of that institution, as authorized by Section 6520 of the Financial Code or comparable authority of the Office of the Comptroller of the Currency of the United States Department of the Treasury by its regulations, when acting under the authority of that written authorization. (9) Any person who is licensed as a securities broker or securities dealer under any law of this state, or of the United States, or any employee, officer, or agent of that person, if that person, employee, officer, or agent is acting within the scope of authority granted by that license in connection with a transaction involving the offer, sale, purchase, or exchange of a security representing an ownership interest in a pool of promissory notes secured directly or indirectly by liens on real property, which transaction is subject to any law of this state or the United States regulating the offer or sale of securities. (10) Any person licensed as a residential mortgage lender or servicer when acting under the authority of that license. (11) Any organization that has been approved by the United States Department of Housing and Urban Development pursuant to Section 106(a)(1)(iii) of the federal Housing and Urban Development Act of 1968 (12 U.S.C. Sec. 1701x), to provide counseling services, or an employee of such an organization, when those services are provided at no cost to the borrower and are in connection with the modification of the terms of a loan secured directly or collaterally by a lien on residential real property containing four or fewer dwelling units. (12) Any person licensed as a PACE program administrator when acting under the authority of that license. (13) A PACE solicitor, when enrolled by a person licensed as a program administrator and acting pursuant to an agreement with that program administrator licensee. (14) A PACE solicitor agent, when enrolled by a person licensed as a program administrator and acting pursuant to an agreement between a PACE solicitor and that program administrator licensee. (b) Persons described in paragraph (1), (2), or (3), as follows, are exempt from the provisions of subdivisions (d) and (e) of Section 10131 or Section 10131.1 with respect to the collection of payments or performance of services for lenders or on notes of owners in connection with loans secured directly or collaterally by liens on real property: (1) The person makes collections on 10 or less of those loans, or in amounts of forty thousand dollars ($40,000) or less, in any calendar year. (2) The person is a corporation licensed as an escrow agent under Division 6 (commencing with Section 17000) of the Financial Code and the payments are deposited and maintained in the escrow agent’s trust account. (3) An employee of a real estate broker who is acting as the agent of a person described in paragraph (4) of subdivision (b) of Section 10232.4. For purposes of this subdivision, performance of services does not include soliciting borrowers, lenders, or purchasers for, or negotiating, loans secured directly or collaterally by a lien on real property. (c) (1) Subdivision (d) of Section 10131 does not apply to an employee of a real estate broker who, on behalf of the broker, assists the broker in meeting the broker’s obligations to its customers in residential mortgage loan transactions, as defined in Section 50003 of the Financial Code, where the lender is an institutional lender, as defined in Section 50003 of the Financial Code, provided the employee does not participate in any negotiations occurring between the principals. (2) A broker shall exercise reasonable supervision and control over the activities of nonlicensed employees acting under this subdivision, and shall comply with Section 10163 for each location where the nonlicensed persons are employed. (d) This section does not restrict the ability of the commissioner to discipline a broker or corporate broker licensee or its designated officer, or both the corporate broker licensee and its designated officer, for misconduct of a nonlicensed employee acting under this subdivision, or, pursuant to Section 10080, to adopt, amend, or repeal rules or regulations governing the employment or supervision of an employee who is a nonlicensed person as described in this subdivision. (e) This section shall become operative on January 1, 2019. (Amended (as added by Stats. 2017, Ch. 475, Sec. 2) by Stats. 2018, Ch. 285, Sec. 29. (AB 2884) Effective January 1, 2019.)
  114. 10133.15.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    This section says Article 5 and Article 7 do not apply to certain people acting as authorized representatives, agents, or loan correspondents for specified financial or insurance businesses, and to related loan-making activity.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10133.15. The provisions of Article 5 (commencing with Section 10230) and Article 7 (commencing with Section 10240) do not apply to any person whose business is that of acting as an authorized representative, agent, or loan correspondent of any person or employee thereof doing business under any law of this state, any other state, or the United States relating to banks, trust companies, savings and loan associations, industrial loan companies, pension trusts, credit unions, or insurance companies or when making loans qualified for sale to any of the foregoing insofar as that business is concerned. (Amended by Stats. 1998, Ch. 485, Sec. 9. Effective January 1, 1999.)
  115. 10133.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Certain clerical staff are exempt from specified sections when performing their clerical functions.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10133.2. The provisions of Sections 10016, 10131, 10131.1, and 10132 do not apply to any stenographer, bookkeeper, receptionist, telephone operator, or other clerical help in carrying out their functions as such. (Amended by Stats. 2018, Ch. 285, Sec. 30. (AB 2884) Effective January 1, 2019.)
  116. 10133.3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    Sections 10131 and 10131.2 on business opportunities do not apply to certain sales, purchases, listings, advertising, or negotiations involving FCC-regulated radio, television, or cable enterprises, if the deal is not really a transfer of real property.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10133.3. The provisions of Sections 10131 and 10131.2 relating to business opportunities do not apply to any person, partnership, corporation, or other legal entity which for another or others sells or offers to sell, solicits prospective sellers or purchasers of, solicits or obtains listings of, advertises for sale, buys or offers to buy, or negotiates the purchase, sale, or exchange of radio, television, or cable enterprises which are licensed and regulated by the Federal Communications Commission, or any successor agency, pursuant to the Communications Act of 1934, as amended and which purchase, sale, or exchange is not in substance a transfer of real property. (Added by Stats. 1990, Ch. 729, Sec. 1.)
  117. 10133.35.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    A real estate broker’s license is not required for certain activities involving mineral, oil, or gas property.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10133.35. A real estate broker’s license shall not be required to engage in any of the following activities with respect to a mineral, oil, or gas property: (a) To act as a depository under an oil lease, gas lease, or oil and gas lease other than for purpose of sale. (b) To engage in any transaction subject to an order of a court of competent jurisdiction. (c) To engage in the business of drilling for or producing oil or gas or mining for or producing minerals. (d) To negotiate leases or agreements between an owner of mineral, oil, or gas lands, leases, or mineral rights, and a person organized for or engaging in oil or gas or mineral or metal production, or to enter into leases or agreements with an owner of mineral, oil, or gas lands, leases, or mineral rights on behalf of a disclosed or undisclosed person organized for or engaging in oil or gas or mineral or metal production. (e) To deal with mineral rights or land, other than oil or gas rights or land, as the owner of the rights or land. (Added by Stats. 1993, Ch. 416, Sec. 3. Effective January 1, 1994.)
  118. 10133.4.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    A principal in a film-location transaction must keep liability insurance at specified minimum limits, and the policy must be issued by a carrier authorized to sell that insurance in California.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10133.4. (a) The provisions of subdivision (b) of Section 10131 do not apply to persons acting in the capacity of a film location representative in connection with a transaction which complies with the requirements of subdivision (c). (b) As used in this section: (1) “Film location representative” means an employee of a principal arranging for the use of real property for photographic purposes. (2) “Principal” means the person who will use the real property for photographic purposes. (c) In every transaction arranged by a film location representative, the principal shall maintain liability insurance insuring both that principal and the real property owner against death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the real property which is the subject of the transaction. The amount of the insurance coverage shall not be less than five hundred thousand dollars ($500,000) per person or one million dollars ($1,000,000) per occurrence for personal injury and five hundred thousand dollars ($500,000) for property damage. It must be issued by an insurance carrier authorized to sell such insurance in California. (Added by Stats. 1992, Ch. 396, Sec. 1. Effective January 1, 1993.)
  119. 10133.45.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    Outdoor advertising representatives are exempt from Section 10131(a) and (b) in the described transactions, and the advertising display owner or operator must maintain specified liability insurance.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10133.45. (a) Subdivisions (a) and (b) of Section 10131 do not apply to persons acting in the capacity of an outdoor advertising representative in connection with a transaction described in subdivision (c). (b) For purposes of this section, “outdoor advertising representative” means an employee of a corporation or a limited liability company or a general partner of a partnership that holds a license issued by the Department of Transportation to engage in the business of outdoor advertising, arranging for the lease or transfer of real property by his or her employer or an interest in real property solely for the placement of, access to, or operation of, an advertising display and appurtenances thereto, as defined in Section 5202. (c) In every transaction involving the transfer, lease, or use of real property for the operation of an advertising display negotiated by an outdoor advertising representative, the owner or operator of the advertising display shall maintain liability insurance coverage for death, bodily injury, and property damage arising out of, or in connection with, its acts, omissions, or operations on the real property. The amount of the insurance coverage shall not be less than five hundred thousand dollars ($500,000) per person or one million dollars ($1,000,000) per occurrence for personal injury and five hundred thousand dollars ($500,000) for property damage. It must be issued by an insurance carrier authorized to sell such insurance in California. (Added by Stats. 2016, Ch. 854, Sec. 1. (AB 1381) Effective January 1, 2017.)
  120. 10133.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    Article 5 does not apply to certain approved lenders, mortgagees, sellers, or servicers when they make or service qualifying loans for specified federal housing-related entities.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10133.5. The provisions of Article 5 (commencing with Section 10230) do not apply to any person who is an approved lender, mortgagee, seller, or servicer for the Federal Housing Administration, United States Department of Veterans Affairs, Farmers Home Administration, Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, when making loans to be sold to, or when servicing loans on behalf of and subject to audit by, any of the foregoing with respect to those loans. (Amended by Stats. 1998, Ch. 485, Sec. 10. Effective January 1, 1999.)
  121. 10135.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    In this article, “lease” or “leasing” includes any lease, whether it is the whole transaction, the main part, or only an incidental part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10135. When a lease or leasing is referred to in this article, it includes any lease, whether such lease is the sole transaction involved, or the principal or an incidental part of the transaction involved. (Added by Stats. 1943, Ch. 127.)
  122. 10136.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    Real estate brokers and salespersons in this state cannot sue to collect compensation for covered acts unless they allege and prove they were duly licensed when the claim arose.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10136. No person engaged in the business or acting in the capacity of a real estate broker or a real estate salesperson within this state shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in this article without alleging and proving that he or she was a duly licensed real estate broker or real estate salesperson at the time the alleged cause of action arose. (Amended by Stats. 2016, Ch. 177, Sec. 22. (AB 685) Effective January 1, 2017.)
  123. 10137.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    Licensed real estate brokers and salespersons face limits on who they may pay or accept compensation from, and the commissioner may suspend or revoke a license for violations.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10137. It is unlawful for any licensed real estate broker to retain, compensate, directly or indirectly, any person for performing any of the acts within the scope of this chapter who is not a licensed real estate broker, or a real estate salesperson licensed under the responsible broker retaining or compensating him or her, or to retain or compensate, directly or indirectly, any licensee for engaging in any activity for which a mortgage loan originator license endorsement is required, if that licensee does not hold a mortgage loan originator license endorsement; provided, however, that a licensed real estate broker may pay a commission to a broker of another state. No real estate salesperson shall accept compensation for activity requiring a real estate license from any person other than the broker under whom he or she is at the time licensed. It is unlawful for any licensed real estate salesperson to pay any compensation for performing any of the acts within the scope of this chapter to any real estate licensee except through the broker under whom he or she is at the time licensed. A licensee may enter into an agreement with another licensee to share that compensation provided that any compensation is paid through the responsible broker. For a violation of any of the provisions of this section, the commissioner may temporarily suspend or permanently revoke the license of the real estate licensee, in accordance with the provisions of this part relating to hearings. (Amended by Stats. 2018, Ch. 285, Sec. 31. (AB 2884) Effective January 1, 2019.)
  124. 10137.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A partnership may do acts that require a real estate broker license if every partner acting for it is a licensed real estate broker.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10137.1. Nothing contained in this division shall preclude a partnership from performing acts for which a real estate broker license is required, provided every partner through whom the partnership so acts is a licensed real estate broker. (Added by Stats. 1968, Ch. 75.)
  125. 10138.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A person may not pay compensation for real estate chapter activities to someone who is not known to be, or does not prove they are, a regularly licensed real estate broker; violations are misdemeanors and can lead to a fine, and the commissioner may suspend or revoke a license.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10138. It is a misdemeanor, punishable by a fine of not exceeding one hundred dollars ($100) for each offense, for any person, whether obligor, escrowholder or otherwise, to pay or deliver to anyone a compensation for performing any of the acts within the scope of this chapter, who is not known to be or who does not present evidence to such payor that he is a regularly licensed real estate broker at the time such compensation is earned. For a violation of any of the provisions of this section, the commissioner may temporarily suspend or permanently revoke the license of the real estate licensee in accordance with the provisions of this part relating to hearings. (Amended by Stats. 1983, Ch. 1092, Sec. 38. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  126. 10139.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

    Verify source ↗

    This section makes it a public offense to act as, or advertise as, a real estate broker, real estate salesperson, or mortgage loan originator without the required license or license endorsement.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10139. Any person acting as a real estate broker, real estate salesperson, or mortgage loan originator without a license or license endorsement, or who advertises using words indicating that he or she is a real estate broker, real estate salesperson, or mortgage loan originator without being so licensed or without having obtained a license endorsement, shall be guilty of a public offense punishable by a fine not exceeding twenty thousand dollars ($20,000), or by imprisonment in the county jail for a term not to exceed six months, or by both fine and imprisonment; or if a corporation, be punished by a fine not exceeding sixty thousand dollars ($60,000). If a Real Estate Fraud Prosecution Trust Fund, as described in Section 27388 of the Government Code, exists in the county where a person or corporation is convicted, any fine collected from the person in excess of ten thousand dollars ($10,000) or any fine collected from the corporation in excess of fifty thousand dollars ($50,000) shall be deposited in that Real Estate Fraud Prosecution Trust Fund. (Amended by Stats. 2010, Ch. 287, Sec. 2. (SB 1137) Effective January 1, 2011.)
  127. 10140.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    This section makes it a public offense to knowingly spread false or fraudulent statements about covered land sales or leases, or to ignore this section or the commissioner’s orders.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10140. Every officer, agent or employee of any company, and every other person who knowingly authorizes, directs or aids in the publication, advertisement, distribution or circularization of any false statement or representation concerning any land or subdivision thereof, as defined in Chapter 1 (commencing at Section 11000) of Part 2 of this division, offered for sale or lease, or, if the land is owned by the State or Federal Government, which such person offers to assist another or others to file an application for the purchase or lease of, or to locate or enter upon, and every person who, with knowledge that any advertisement, pamphlet, prospectus or letter concerning any said land or subdivision, as defined in Chapter 1 (commencing at Section 11000) of Part 2 of this division, contains any written statement that is false or fraudulent, issues, circulates, publishes or distributes the same, or causes the same to be issued, circulated, published or distributed, or who, in any other respect, willfully violates or fails to comply with any of the provisions of this section, or who in any other respect willfully violates or fails, omits or neglects to obey, observe or comply with any order, permit, decision, demand or requirement of the commissioner under this section, is guilty of a public offense, and shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment, and, if a real estate licensee, he shall be held to trial by the commissioner for a suspension or revocation of his license, as provided in the provisions of this part relating to hearings. The district attorney of each county in this State shall prosecute all violations of the provisions of this section in respective counties in which the violations occur. (Amended by Stats. 1959, Ch. 2116.)
  128. 10140.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A real estate broker or salesperson advertising help with certain government-land applications or access must include the broker’s name and say the broker is licensed in California.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10140.5. Each advertisement or other statement which is published by a real estate broker or salesperson offering to assist persons to file applications for the purchase or lease of, or to locate or enter upon, lands owned by the state or federal government shall, when published, indicate the name of the broker for whom it is published and state that the broker is licensed as a real estate broker by the State of California. (Amended by Stats. 2016, Ch. 177, Sec. 24. (AB 685) Effective January 1, 2017.)
  129. 10140.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Real estate licensees must use required disclosures in advertising and solicitation materials, and they may keep using a former surname if both names are filed with the department.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10140.6. (a) A real estate licensee shall not publish, circulate, distribute, or cause to be published, circulated, or distributed in any newspaper or periodical, or by mail, any matter pertaining to any activity for which a real estate license is required that does not contain a designation disclosing that the licensee is performing acts for which a real estate license is required. (b) (1) A real estate licensee shall disclose their name, license identification number and unique identifier assigned to that licensee by the Nationwide Multistate Licensing System and Registry, if that licensee is a mortgage loan originator, and responsible broker’s identity, as defined in Section 10015.4, on all solicitation materials intended to be the first point of contact with consumers and on real property purchase agreements when acting in a manner that requires a real estate license or mortgage loan originator license endorsement in those transactions. The commissioner may adopt regulations identifying the materials in which a licensee must disclose a license identification number and unique identifier assigned to that licensee by the Nationwide Multistate Licensing System and Registry, and responsible broker’s identity. (2) A real estate licensee who is a natural person and who legally changes the surname in which their license was originally issued may continue to utilize their former surname for the purpose of conducting business associated with their license so long as both names are filed with the department. Use of a former surname shall not constitute a fictitious name for the purposes of Section 10159.5. (3) For purposes of this section, “solicitation materials” include business cards, stationery, advertising flyers, advertisements on television, in print, or electronic media, “for sale,” rent, lease, “open house,” and directional signs, and other materials designed to solicit the creation of a professional relationship between the licensee and a consumer. (4) This section does not limit or change the requirement described in Section 10236.4 as applicable to real estate brokers. (c) This section shall not apply to “for sale,” rent, lease, “open house,” and directional signs that do either of the following: (1) Display the responsible broker’s identity, as defined in Section 10015.4, without reference to an associate broker or licensee. (2) Display no licensee identification information. (d) “Mortgage loan originator,” “unique identifier,” and “Nationwide Multistate Licensing System and Registry” have the meanings set forth in Section 10166.01. (Amended by Stats. 2022, Ch. 511, Sec. 48. (SB 1495) Effective January 1, 2023.)
  130. 10140.8.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Real estate brokers, salespersons, and their agents must disclose when listing photos have been digitally altered and provide access to the original unaltered image.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10140.8. (a) (1) A real estate broker or salesperson, or person acting on their behalf, who includes a digitally altered image in an advertisement or other promotional material for the sale of real property shall include in the advertisement or promotional material a statement disclosing that the image has been altered and a link to a publicly accessible internet website, URL, or QR code that includes, and clearly identifies, the original, unaltered image. The statement shall be reasonably conspicuous and located on or adjacent to the image and shall include language indicating that the unaltered images can be accessed on the linked internet website, URL, or QR code. (2) If an advertisement or promotional material described in paragraph (1) is posted on an internet website over which the real estate broker or salesperson, or person acting on their behalf, has control, they shall include the unaltered version of the images from which the digitally altered images were created in the posting. A person subject to this paragraph may comply with this requirement by including a link to a publicly accessible internet website that includes, and clearly identifies, the original, unaltered image. If the real estate broker or salesperson, or person acting on their behalf, complies with this requirement by including a link to the unaltered images, the statement required by paragraph (1) shall include language indicating the unaltered images can be accessed on the linked internet website, URL, or QR code. (b) (1) For purposes of this section, “digitally altered image” means an image, created by or at the direction of the real estate broker or salesperson, or person acting on their behalf, that has been altered through the use of photo editing software or artificial intelligence to add, remove, or change elements in the image, including, but not limited to, fixtures, furniture, appliances, flooring, walls, paint color, hardscape, landscape, facade, floor plans, and elements outside of, or visible from, the property, including, but not limited to, streetlights, utility poles, views through windows, and neighboring properties. (2) “Digitally altered image” does not include an image where only lighting, sharpening, white balance, color correction, angle, straightening, cropping, exposure, or other common photo editing adjustments are made that do not change the representation of the real property. (Added by Stats. 2025, Ch. 497, Sec. 1. (AB 723) Effective January 1, 2026.)
  131. 10141.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A licensed real estate broker must, within one month after closing, give the seller and purchaser written information about the selling price; in some exchanges, the description of the property and any added money consideration must also be included.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10141. Within one month after the closing of a transaction in which title to real property or in the sale of a business when real or personal property is conveyed from a seller to a purchaser through a licensed real estate broker, such broker shall inform or cause the information to be given to the seller and purchaser in writing of the selling price thereof and in event an exchange of real property or a business opportunity is involved, such information shall include a description of said property and amount of added money consideration, if any. If the transaction is closed through escrow and the escrow holder renders a closing statement which reveals such information, that shall be deemed compliance with this section on the part of the broker. (Amended by Stats. 1965, Ch. 172.)
  132. 10141.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A real estate broker must, within one week after closing a broker-negotiated transaction that transfers real property and involves a deed of trust, record the deed or deliver it to the beneficiary with a written recommendation to record it, unless the beneficiary gives written instructions not to record.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10141.5. Within one week after the closing of a transaction negotiated by a real estate broker in which title to real property is conveyed from a seller to a purchaser and a deed of trust secured by real property is executed, such broker shall cause such deed of trust to be recorded with the county recorder of the county in which the real property is located, or cause it to be delivered to the beneficiary with a written recommendation that it be recorded forthwith, unless written instructions not to record are received from the beneficiary. If the transaction is closed through escrow and the deed of trust is delivered to the escrow holder within the time prescribed by this section, that shall be deemed compliance with this section on the part of the broker. Nothing in this section shall affect the validity of a transfer of title to real property. (Added by Stats. 1968, Ch. 163.)
  133. 10141.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Real estate brokers meeting certain escrow-activity thresholds must file a report with the department within 60 days after the calendar year ends.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10141.6. (a) A real estate broker who engages in escrow activities for five or more transactions in a calendar year pursuant to the exemption from the Escrow Law contained in Section 17006 of the Financial Code, or whose escrow activities pursuant to that exemption equal or exceed one million dollars ($1,000,000) in a calendar year, shall file with the department a report, within 60 days following the completion of the calendar year, documenting the number of escrows conducted and the dollar volume escrowed during the calendar year in which the threshold was met. This report shall be made on a form acceptable to the commissioner. (b) A real estate broker subject to this section and Section 10232.2 may file consolidated reports that include all of the information required under this section and Section 10232.2. Those consolidated reports shall clearly indicate that they are intended to satisfy the requirements of both sections. (c) A real estate broker who fails to submit the report required pursuant to subdivision (a) shall be assessed a penalty of fifty dollars ($50) per day for each day the report has not been received by the department, up to and including the 30th day after the first day of the assessment penalty. On and after the 31st day, the penalty shall be one hundred dollars ($100) per day, not to exceed a total penalty of ten thousand dollars ($10,000), regardless of the number of days, until the department receives the report. (d) The commissioner may suspend or revoke the license of a real estate broker who fails to pay a penalty imposed pursuant to this section. In addition, the commissioner may bring an action in an appropriate court of this state to collect payment of that penalty. (e) All penalties paid or collected under this section shall be deposited into the Recovery Account of the Real Estate Fund and shall, upon appropriation by the Legislature, be available for expenditure for the purposes specified in Chapter 6.5 (commencing with Section 10470). (f) The reports described in this section are exempted from any requirement of public disclosure by subdivision (b) of Section 7929.000 of the Government Code. (g) This section shall become operative on July 1, 2012. (Amended by Stats. 2021, Ch. 615, Sec. 28. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  134. 10142.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A licensee must give the signer a copy of the agreement as soon as reasonably practicable after the signature is obtained.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10142. When a licensee prepares or has prepared an agreement authorizing or retaining that licensee to perform any of the acts for which he or she is required to hold a license, or when that licensee secures the signature of any person to any contract pertaining to those services or transactions, he or she shall deliver a copy of the agreement to the person signing it as soon as reasonably practicable after the time the signature is obtained. The copy may be provided electronically in transactions pursuant to provisions of the Uniform Electronic Transactions Act (Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code), where the parties have agreed to conduct the transaction by electronic means. (Amended by Stats. 2018, Ch. 285, Sec. 33. (AB 2884) Effective January 1, 2019.)
  135. 10143.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A real estate broker who helps people for compensation with certain applications or access to state or federal land must report specific names, addresses, and compensation details to the commissioner.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10143.5. Any real estate broker who assists another or others, or whose real estate salespersons assist another or others, for a compensation, in filing an application for the purchase or lease of, or in locating or entering upon, lands owned by the state or federal government shall report to the commissioner the names and addresses of all persons the broker or his or her salespersons have assisted in filing applications for land owned by the state or federal government and the amount of compensation received from those persons. The report shall be filed quarterly within 10 days after the end of each calendar quarter. (Amended by Stats. 2018, Ch. 285, Sec. 34. (AB 2884) Effective January 1, 2019.)
  136. 10144.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    The commissioner may set by regulation what information must be included in certain contracts or agreements used by real estate licensees in helping people apply for, locate, or enter state or federal land.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10144. The commissioner may prescribe by regulation the information which shall be contained in contracts or other agreements by a real estate licensee to assist another or others in filing an application for the purchase or lease of, or in locating or entering upon, lands owned by the state or federal government, including, but not limited to, information with regard to the services agreed to be performed and information with regard to the hazards which may prevent the person to be assisted in filing an application with the state or federal government ever receiving any state or federal land under the application. (Amended by Stats. 2018, Ch. 285, Sec. 35. (AB 2884) Effective January 1, 2019.)
  137. 10145.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Real estate brokers handling others’ funds must place them in the required trust or escrow account and keep them there until properly disbursed.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10145. (a) (1) A real estate broker who accepts funds belonging to others in connection with a transaction subject to this part shall deposit all those funds that are not immediately placed into a neutral escrow depository or into the hands of the broker’s principal, into a trust fund account maintained by the broker in a bank or recognized depository in this state. All funds deposited by the broker in a trust fund account shall be maintained there until disbursed by the broker in accordance with instructions from the person entitled to the funds. (2) Withdrawals may be made from a trust fund account of an individual broker only upon the signature of that broker, or in the case of a corporate broker, only upon the signature of an officer through whom the corporation is licensed pursuant to Section 10158 or 10211, or one, or more, of the following persons if specifically authorized in writing by the individual broker or officer: (A) A real estate salesperson licensed to the broker. (B) Another broker acting pursuant to a written agreement with the individual broker that conforms to the requirements of this part and any regulations promulgated pursuant to this part. (C) An unlicensed employee of the individual broker, if the broker has fidelity bond or insurance coverage equal to at least the maximum amount of the trust funds to which the unlicensed employee has access at any time. For purposes of this section, bonds or insurance providing coverage shall protect the broker from intentional wrongful acts committed by an employee of that business, including theft, dishonest acts, or forgery. Bonds and insurance providing coverage may be written with a deductible of up to 5 percent of the coverage amount. For bonds and insurance with a deductible, the employing broker shall have evidence of financial responsibility that is sufficient to protect members of the public against a loss subject to the deductible amount. Evidence of financial responsibility shall include one or more of the following: (i) Separate bond or insurance coverage adequate to cover the amount of the deductible. (ii) A cash deposit held in a separate account, apart from other funds of the broker, the broker’s employees, or the broker’s principals, in a bank or recognized depository in this state adequate to cover the amount of the fidelity bond deductible and held exclusively and solely for the purpose of paying the fidelity bond deductible amount. (iii) Any other evidence of financial responsibility approved by the commissioner. (3) An arrangement under which a person enumerated in subparagraph (A), (B), or (C) of paragraph (2) is authorized to make withdrawals from a trust fund account of a broker shall not relieve an individual broker, nor the broker-officer of a corporate broker licensee, from responsibility or liability as provided by law in handling trust funds in the broker’s custody. (4) Notwithstanding the provisions of paragraphs (1), (2), and (3), a real estate broker collecting payments or performing services for investors or note owners in connection with loans secured by a first lien on real property may deposit funds received in trust in an out-of-state depository institution insured by the Federal Deposit Insurance Corporation, if the investor or note owner is any one of the following: (A) The Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the United States Department of Veterans Affairs. (B) A bank or subsidiary thereof, bank holding company or subsidiary thereof, trust company, savings bank or savings and loan association or subsidiary thereof, savings bank or savings association holding company or subsidiary thereof, credit union, industrial bank or industrial loan company, or insurance company doing business under the authority of, and in accordance with, the laws of this state, another state, or the United States relating to banks, trust companies, savings banks or savings associations, credit unions, industrial banks or industrial loan companies, or insurance companies, as evidenced by a license, certificate, or charter issued by the United States or a state, district, territory, or commonwealth of the United States. (C) Trustees of a pension, profit-sharing, or welfare fund, if the pension, profit-sharing, or welfare fund has a net worth of not less than fifteen million dollars ($15,000,000). (D) A corporation with outstanding securities registered under Section 12 of the Securities Exchange Act of 1934 or a wholly owned subsidiary of that corporation. (E) A syndication or other combination of any of the entities specified in subparagraph (A), (B), (C), or (D) that is organized to purchase the promissory note. (F) The California Housing Finance Agency or a local housing finance agency organized under the Health and Safety Code. (G) A licensed residential mortgage lender or servicer acting under the authority of that license. (H) A licensed real estate broker selling all or part of the loan, note, or contract to a lender or purchaser specified in subparagraphs (A) to (G), inclusive. (5) A real estate broker who deposits funds held in trust in an out-of-state depository institution in accordance with paragraph (3) shall make available, in this state, the books, records, and files pertaining to the trust accounts to the commissioner or the commissioner’s representatives or pay the reasonable expenses for travel and lodging incurred by the commissioner or the commissioner’s representatives in order to conduct an examination at an out-of-state location. (b) A real estate broker acting as a principal pursuant to Section 10131.1 shall place all funds received from others for the purchase of real property sales contracts or promissory notes secured directly or collaterally by liens on real property in a neutral escrow depository unless delivery of the contract or note is made simultaneously with the receipt of the purchase funds. (c) A real estate salesperson who accepts trust funds from others on behalf of the broker under whom he or she is licensed shall immediately deliver the funds to the broker or, if so directed by the broker, shall deliver the funds into the custody of the broker’s principal or a neutral escrow depository or shall deposit the funds into the broker’s trust fund account. (d) If not otherwise expressly prohibited by this part, a real estate broker may, at the request of the owner of trust funds or of the principals to a transaction or series of transactions from whom the broker has received trust funds, deposit the funds into an interest-bearing account in a bank, savings and loan association, credit union, or industrial loan company, the accounts of which are insured by the Federal Deposit Insurance Corporation, if all of the following requirements are met: (1) The account is in the name of the broker as trustee for the designated beneficiary or principal of a transaction or series of transactions. (2) All of the funds in the account are covered by insurance provided by an agency of the United States. (3) The funds in the account are kept separate, distinct, and apart from funds belonging to the broker or to any other person for whom the broker holds funds in trust. (4) The broker discloses to the person from whom the trust funds are received, and to a beneficiary whose identity is known to the broker at the time of establishing the account, the nature of the account, how interest will be calculated and paid under various circumstances, whether service charges will be paid to the depository and by whom, and possible notice requirements or penalties for withdrawal of funds from the account. (5) Interest earned on funds in the account shall not inure directly or indirectly to the benefit of the broker or a person licensed to the broker. (6) In an executory sale, lease, or loan transaction in which the broker accepts funds in trust to be applied to the purchase, lease, or loan, the parties to the contract shall have specified in the contract or by collateral written agreement the person to whom interest earned on the funds is to be paid or credited. (e) The broker shall have no obligation to place trust funds into an interest-bearing account unless requested to do so and unless all of the conditions in subdivision (d) are met, nor, in any event, if he or she advises the party making the request that the funds will not be placed in an interest-bearing account. (f) Subdivision (d) does not preclude the commissioner from prescribing, by regulation, circumstances in which, and conditions under which, a real estate broker is authorized to deposit funds received in trust into an interest-bearing trust fund account. (g) The broker shall maintain a separate record of the receipt and disposition of all funds described in subdivisions (a) and (b), including any interest earned on the funds. (h) Upon request of the commissioner, a broker shall furnish to the commissioner an authorization for examination of financial records of those trust fund accounts maintained in a financial institution, in accordance with the procedures set forth in Section 7473 of the Government Code. (i) As used in this section, “neutral escrow” means an escrow business conducted by a person licensed under Division 6 (commencing with Section 17000) of the Financial Code or by a person described in paragraph (1) or (3) of subdivision (a) of Section 17006 of that code. (Amended by Stats. 2018, Ch. 92, Sec. 12. (SB 1289) Effective January 1, 2019.)
  138. 10146.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    A real estate broker who takes an advance fee must place the money in a trust account, and the commissioner can demand records and require account information.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10146. Any real estate broker who contracts for or collects an advance fee from any other person, hereinafter referred to as the “principal,” shall deposit any such amount or amounts, when collected in a trust account with a bank or other recognized depository. Such funds are trust funds and not the funds of the agent. Amounts may be withdrawn therefrom for the benefit of the agent only when actually expended for the benefit of the principal or five days after the verified accounts mentioned hereinafter have been mailed to the principal. Upon request of the commissioner, a broker shall furnish to the commissioner an authorization for examination of financial records of the trust account in accordance with the procedures set forth in Section 7473 of the Government Code. The commissioner may issue such rules and regulations as he or she deems necessary to regulate the method of accounting, and to accomplish the purpose of the provisions of this code relating to advance fees including, but not limited to, establishing forms for and determining information to be included in such accountings. Each principal shall be furnished a verified copy of such accountings at the end of each calendar quarter and when the contract has been completely performed by the licensee. The commissioner shall be furnished a verified copy of any account or all accounts on his or her demand therefor. Where advance fees actually paid by or on behalf of any principal are not handled in accordance with the preceding paragraph, it shall be presumed that the agent has violated Sections 506 and 506a of the Penal Code. The principal may recover treble damages for amounts so misapplied and shall be entitled to reasonable attorney’s fees in any action brought to recover the same. (Amended by Stats. 2009, Ch. 307, Sec. 99. (SB 821) Effective January 1, 2010.)
  139. 10147.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    The commission must create and publish a Commercial Property Owner’s Guide to Earthquake Safety, consult specified agencies, keep the guide updated, and charge a fee to cover its costs.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10147. (a) On or before January 1, 1993, the Alfred E. Alquist Seismic Safety Commission shall develop, adopt, and publish a Commercial Property Owner’s Guide to Earthquake Safety for distribution to licensees for purposes of Section 2079.9 of the Civil Code and, upon request, to any member of the general public. (b) In developing the guide, the Alfred E. Alquist Seismic Safety Commission shall consult with the Office of Emergency Services, the California Geological Survey in the Department of Conservation, the Department of Real Estate, and other interested agencies and persons. (c) The commission shall, to the extent possible, rely on currently available data to develop the guide. To the extent necessary, the commission may contract for the development and production of the guide. The commission shall update the contents of the guide whenever it determines that information within the guide is sufficiently inaccurate or incomplete so as to reduce the effectiveness of the guide. The commission shall charge a fee to cover the costs of production, distribution, development, and updating the guide. (d) The guide shall include, but need not be limited to, all of the following: (1) Maps and information on geologic and seismic hazard conditions in the state. (2) Explanations of typical structural and nonstructural earthquake hazards. (3) Recommendations for mitigating the hazards of an earthquake, including references and explanations of what constitutes “adequate wall anchorage” as defined in Section 8893.1 of the Government Code. (4) A statement that there are no guarantees of safety or damage prevention that can be made with respect to a major earthquake and that only precautions, such as retrofitting, can be taken to reduce the risk of various types of earthquake damage. For purposes of preparing the statement, the commission shall confer with insurers and design professional associations. (5) Notice of the obligation to post a sign as required by Section 8875.8 of the Government Code. (Amended by Stats. 2021, Ch. 431, Sec. 3. (SB 800) Effective January 1, 2022.)
  140. 10147.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Certain real estate commission agreements must include a bold notice, and the commission amount or rate must not be printed in those agreements.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10147.5. (a) Any printed or form agreement that initially establishes, or is intended to establish, or alters the terms of any agreement that previously established a right to compensation to be paid to a real estate licensee for the sale of residential real property containing not more than four residential units, or for the sale of a mobilehome, shall contain the following statement in not less than 10-point boldface type immediately preceding any provision of such agreement relating to compensation of the licensee: Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker. (b) Any printed or form agreement that initially establishes or is intended to establish, or alters the terms of any agreement that previously established a right to compensation to be paid to a real estate licensee for the purchase of residential real property containing not more than four residential units, or for the purchase of a mobilehome, shall contain the following statement in not less than 10-point boldface type immediately preceding any provision of such agreement relating to compensation of the licensee: Notice: The amount or rate of real estate compensation is not fixed by law. They are set by each broker individually and may be negotiable between the buyer and broker. (c) The amount or rate of compensation shall not be printed in any such agreement described in subdivisions (a) and (b). (d) Nothing in this section shall affect the validity of a transfer of title to real property. (e) As used in this section, “alters the terms of any agreement which previously established a right to compensation” means an increase in the rate of compensation, or the amount of compensation if initially established as a flat fee, from the agreement which previously established a right to compensation. (Amended by Stats. 2025, Ch. 200, Sec. 1. (AB 1521) Effective January 1, 2026.)
  141. 10147.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Licensees offering mortgage loan modification or forbearance for borrower-paid compensation must give the borrower a separate, bold, pre-agreement disclosure statement; translated copies are required when the service is offered in certain foreign languages.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10147.6. (a) Any licensee who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other form of compensation paid by the borrower, shall provide the following to the borrower, as a separate statement, in not less than 14-point bold type, prior to entering into any fee agreement with the borrower: It is not necessary to pay a third party to arrange for a loan modification or other form of forbearance from your mortgage lender or servicer. You may call your lender directly to ask for a change in your loan terms. Nonprofit housing counseling agencies also offer these and other forms of borrower assistance free of charge. A list of nonprofit housing counseling agencies approved by the United States Department of Housing and Urban Development (HUD) is available from your local HUD office or by visiting www.hud.gov.(b) If loan modification or other mortgage loan forbearance services are offered or negotiated in one of the languages set forth in Section 1632 of the Civil Code, a translated copy of the statement in subdivision (a) shall be provided to the borrower in that foreign language. (c) A violation of this section by a natural person who is a licensee is a public offense punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail for a term not to exceed one year, or by both that fine and imprisonment, or if by a corporation, the violation is punishable by a fine not exceeding fifty thousand dollars ($50,000). These penalties are cumulative to any other remedies or penalties provided by law. (d) This section shall apply only to mortgages and deeds of trust secured by residential real property containing four or fewer dwelling units. (Added by Stats. 2009, Ch. 630, Sec. 7. (SB 94) Effective October 11, 2009.)
  142. 10148.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    Licensed real estate brokers must keep specified transaction records for three years, and the commissioner may inspect or audit them under stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10148. (a) A licensed real estate broker shall retain for three years copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed by the broker or obtained by the broker in connection with any transactions for which a real estate broker license is required. The retention period shall run from the date of the closing of the transaction or from the date of the listing if the transaction is not consummated. After notice, the books, accounts, and records shall be made available for examination, inspection, and copying by the commissioner or the commissioner’s designated representative during regular business hours; and shall, upon the appearance of sufficient cause, be subject to audit without further notice, except that the audit shall not be harassing in nature. This subdivision shall not be construed to require a licensed real estate broker to retain electronic messages of an ephemeral nature, as described in subdivision (d) of Section 1624 of the Civil Code. (b) The commissioner shall charge a real estate broker for the cost of any audit, if the commissioner has found, in a final desist and refrain order issued under Section 10086 or in a final decision following a disciplinary hearing held in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that the broker has violated Section 10145 or a regulation or rule of the commissioner interpreting Section 10145. (c) If a broker fails to pay for the cost of an audit as described in subdivision (b) within 60 days of mailing a notice of billing, the commissioner may suspend or revoke the broker’s license or deny renewal of the broker’s license. The suspension or denial shall remain in effect until the cost is paid or until the broker’s right to renew a license has expired. (d) The commissioner may maintain an action for the recovery of the cost of an audit in any court of competent jurisdiction. In determining the cost incurred by the commissioner for an audit, the commissioner may use the estimated average hourly cost for all persons performing audits of real estate brokers. (e) The department may suspend or revoke the license of any real estate broker, real estate salesperson, or corporation licensed as a real estate broker, if the real estate broker, real estate salesperson, or any director, officer, employee, or agent of the corporation licensed as a real estate broker knowingly destroys, alters, conceals, mutilates, or falsifies any of the books, papers, writings, documents, or tangible objects that are required to be maintained by this section or that have been sought in connection with an investigation, audit, or examination of a real estate licensee by the commissioner. (Amended by Stats. 2021, Ch. 431, Sec. 4. (SB 800) Effective January 1, 2022.)
  143. 10149.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. )

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    The commission must create, publish, and update a Homeowner’s Guide to Earthquake Safety, share it with licensees and the public on request, consult specified agencies when revising it, and may contract for production or charge a fee to cover costs.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 1. Scope of Regulation [10130 - 10149] ( Article 1 added by Stats. 1943, Ch. 127. ) ## 10149. (a) The Alfred E. Alquist Seismic Safety Commission shall develop, adopt, and publish a Homeowner’s Guide to Earthquake Safety for distribution to licensees for purposes of Section 2079.8 of the Civil Code and, upon request, to any member of the general public. (b) In revising the guide, the commission shall consult with the Office of Emergency Services, the California Geological Survey of the Department of Conservation, and the Department of Real Estate. (c) The commission shall, to the extent possible, rely on currently available data to update the guide. To the extent necessary, the commission may contract for the development and production of the guide. The commission shall update the contents of the guide whenever it determines that information within the guide is sufficiently inaccurate or incomplete so as to reduce the effectiveness of the guide. The commission may charge a fee to cover the costs of production, distribution, development, and updating the guide. (d) The guide shall include, but need not be limited to, all of the following: (1) Maps and information on geologic and seismic hazard conditions for all areas of the state. (2) Explanations of the related structural and nonstructural hazards. (3) Recommendations for mitigating the hazards of an earthquake. (4) Explanation that the recommendations in the guide do not guarantee the safety of an individual or prevention of damage to a structure in an earthquake. (Amended by Stats. 2020, Ch. 20, Sec. 1. (AB 100) Effective June 29, 2020.)
  144. 10150.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    Broker license and broker-exam applications must be filed with the commissioner in the required form, include contact information, and be accompanied by the required fee; the commissioner can set application content and request a supplement if information changes.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10150. (a) Application for the real estate broker license examination shall be made in writing to the commissioner. The commissioner may prescribe the format and content of the broker examination application. The application for the broker examination shall include valid contact information at which the department may contact the applicant and shall be accompanied by the real estate broker license examination fee. (b) Persons who have been notified by the commissioner that they passed the real estate broker license examination may apply for a real estate broker license. A person applying for the broker examination may also apply for a real estate broker license. However, a license shall not be issued until the applicant passes the real estate broker license examination. If there is any change to the information contained in a real estate broker license application after the application has been submitted and before the license has been issued, the commissioner may require the applicant to submit a supplement to the application listing the changed information. (c) Application for the real estate broker license shall be made in writing to the commissioner. The commissioner may prescribe the format and content of the broker license application. The application for the real estate broker license shall include valid contact information at which the department may contact the applicant and shall be accompanied by the appropriate fee. (d) Application for an endorsement to act as a mortgage loan originator, as defined in Section 10166.01, shall be made either electronically or in writing as directed by the commissioner. The commissioner may prescribe the format and content of the mortgage loan originator endorsement application, which shall meet the minimum requirements for licensing of a mortgage loan originator, pursuant to the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289). (Amended by Stats. 2021, Ch. 431, Sec. 5. (SB 800) Effective January 1, 2022.)
  145. 10150.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A broker license applicant generally must show two years of salesperson licensing and active real estate work, but some applicants may use a petition process based on equivalent experience.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10150.6. (a) In addition to satisfying the other requirements of this article, and except as provided in subdivisions (b) and (c), an applicant for an original real estate broker’s license shall demonstrate to the Real Estate Commissioner that they have held a real estate salesperson’s license for at least two years and qualified for the renewal of their real estate salesperson status, within the five-year period immediately prior to the date of their application for the broker’s license, and during that time were actively engaged in the business of real estate salesperson. (b) An applicant for a real estate broker’s license having at least the equivalent of two years’ general real estate experience within the five-year period immediately prior to the date of their application for the broker’s license may file a written petition with the Department of Real Estate setting forth their qualifications and experience, and, if the commissioner approves, they may be issued a real estate broker’s license immediately upon passing the examination and satisfying the other requirements of this article. (c) In considering a petition described in subdivision (b), the commissioner may treat a degree from a four-year college or university, which course of study included a major or minor in real estate, as the equivalent of two years’ general real estate experience. In considering a petition described in subdivision (b), the commissioner may consider degrees that were completed before the five-year period immediately prior to the date of the application for a broker’s license. (Amended by Stats. 2022, Ch. 162, Sec. 1. (AB 2745) Effective January 1, 2023.)
  146. 10151.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    People applying for a real estate salesperson examination must file a written application with the commissioner, include valid contact information, and attach the examination fee. The commissioner may set application format and content, require updates if information changes, and must waive these requirements for certain applicants. A license cannot be issued until the applicant passes the examination.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10151. (a) Application for the real estate salesperson license examination shall be made in writing to the commissioner. The commissioner may prescribe the format and content of the salesperson examination application. The application for the salesperson examination shall include valid contact information at which the department may contact the applicant and shall be accompanied by the real estate salesperson license examination fee. (b) Persons who have been notified by the commissioner that they passed the real estate salesperson license examination may apply for a real estate salesperson license. A person applying for the salesperson examination may also apply for a real estate salesperson license. However, a license shall not be issued until the applicant passes the real estate salesperson license examination. If there is any change to the information contained in a real estate salesperson license application after the application has been submitted and before the license has been issued, the commissioner may require the applicant to submit a supplement to the application listing the changed information. (c) (1) The commissioner may prescribe the format and content of the real estate salesperson license application. The application for the real estate salesperson license shall include valid contact information at which the department may contact the applicant. (2) An application for the real estate salesperson license examination or for both the examination and license shall include evidence or certification, satisfactory to the commissioner, of successful completion at an accredited institution of a three-semester unit course, or the quarter equivalent thereof, or successful completion of an equivalent course of study as defined in Section 10153.5 in real estate principles as well as the successful completion at an accredited institution of a course in real estate practice as set forth in Section 10153.2, and one additional course as set forth in Section 10153.2, other than real estate principles, real estate practice, advanced legal aspects of real estate, advanced real estate finance, or advanced real estate appraisal. The applicant shall provide this evidence or certification to the commissioner prior to taking the real estate salesperson license examination. (d) The commissioner shall waive the requirements of this section for the following applicants: (1) An applicant who is a member of the State Bar of California. (2) An applicant who has qualified to take the examination for an original real estate broker license by satisfying the requirements of Section 10153.2. (e) Application for endorsement to act as a mortgage loan originator, as defined in Section 10166.01, shall be made either electronically or in writing as directed by the commissioner. The commissioner may prescribe the format and the content of the mortgage loan originator endorsement application, which shall meet the minimum requirements for licensing of a mortgage loan originator, pursuant to the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289). (Amended by Stats. 2025, Ch. 786, Sec. 8. (SB 774) Effective January 1, 2026.)
  147. 10151.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The commissioner must ask license applicants about military service and related experience, expedite certain applications, register military service members and spouses as required, and post website information about using military experience for broker licensure.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10151.2. (a) For purposes of this section, “member of the Armed Forces of the United States” includes the following persons and no others: all members of the United States Army, the United States Navy, the United States Air Force, the United States Space Force, the Marine Corps, the Merchant Marine in time of war, the Coast Guard, the National Guard, and all officers of the Public Health Service detailed by proper authority for duty either with the Army or the Navy. (b) The commissioner shall inquire in every application for licensure under this part if the individual applying for licensure: (1) Is, or previously was, a member of the Armed Forces of the United States. (2) Intends to apply military experience towards broker licensure requirements. (c) The commissioner shall expedite, and may assist, the initial licensure process for an applicant who supplies satisfactory evidence to the department that the applicant has served as an active duty member of the Armed Forces of the United States and was honorably discharged. (d) The commissioner shall expedite the licensure process for an applicant who meets both of the following requirements: (1) Supplies evidence satisfactory to the commissioner that the applicant is married to, or in a domestic partnership or other legal union with, an active duty member of the Armed Forces of the United States who is assigned to a duty station in this state under official active duty military orders. (2) Holds a current license in another state, district, or territory of the United States in the profession or vocation for which the applicant seeks a license from the commissioner. (e) As required by Section 115.10, the commissioner shall register applicants who are military service members or spouses of service members. Pursuant to subdivision (e) of Section 115.10, a person registered shall be deemed to be a licensee of the department for purposes of the laws administered by the department relating to standards of practice, discipline, and continuing education for the duration of the military orders described in paragraph (2) of subdivision (b) of Section 115.10, and the registration shall expire when those military orders expire. Pursuant to subdivision (f) of Section 115.10, the commissioner may take appropriate enforcement action against a person registered, including, but not limited to, revoking or suspending the registration of a person who does not meet the requirements of subdivision (b) of Section 115.10 or the laws applicable to licensees. This subdivision is declaratory of existing law. (f) The commissioner shall post information on the department’s internet website about the ability of applicants who have served as members of the Armed Forces of the United States to apply military experience towards broker licensure requirements. (Amended by Stats. 2025, Ch. 786, Sec. 9. (SB 774) Effective January 1, 2026.)
  148. 10151.3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The Department of Real Estate must prepare an annual report for the Legislature about military, veteran, and spouse licensure.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10151.3. The Department of Real Estate shall compile information on military, veteran, and spouse licensure into an annual report for the Legislature, which shall be submitted in conformance with Section 9795 of the Government Code. The report shall include all of the following: (a) The number of applications for expedited licenses submitted by veterans and active duty spouses pursuant to subdivisions (c) and (d) of Section 10151.2. (b) The number of licenses issued and denied per calendar year pursuant to subdivisions (c) and (d) of Section 10151.2. (c) The average length of time between application and issuance of licenses pursuant to subdivisions (c) and (d) of Section 10151.2 per license type. (d) The number of applicants for a broker license who request to apply military experience towards meeting licensure requirements. (e) The number of applicants for a broker license whose military experience was accepted by the department to meet licensure requirements. (Amended by Stats. 2025, Ch. 786, Sec. 10. (SB 774) Effective January 1, 2026.)
  149. 10151.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    Nonresident real estate license applicants must file an irrevocable consent with the Real Estate Commissioner; nonresidents may qualify only if they meet chapter requirements and their home jurisdiction lets Californians get a similar license there.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10151.5. (a) An applicant who is not a resident of this state shall be eligible for a real estate license provided (1) the applicant qualifies for licensure under this chapter, including Section 10162, and (2) the state or other jurisdiction that is the place of residence of the applicant permits a resident of California to qualify for and obtain a real estate license in that jurisdiction. (b) A foreign corporation shall be exempt from the eligibility requirement set forth in clause (2) of subdivision (a) if, and for so long as, at least one of the officers of the corporation who is designated and licensed as a real estate broker pursuant to Section 10158 or 10211 is a resident of this state. (c) Every nonresident applicant for a real estate license shall, along with their application, file with the Real Estate Commissioner an irrevocable consent that if in any action commenced against the person in this state, personal service of process upon the person cannot be made in this state after the exercise of due diligence, a valid service may thereupon be made upon the applicant by delivering the process to the Department of Real Estate. (Amended by Stats. 2021, Ch. 431, Sec. 8. (SB 800) Effective January 1, 2022.)
  150. 10152.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The commissioner can ask for proof and hold a hearing, and must fingerprint original applicants before issuing a real estate license.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10152. (a) The commissioner may require any other proof he or she may deem advisable concerning the honesty and truthfulness of an applicant for a real estate license or license examination, or of the officers, directors, or persons owning 10 percent or more of the stock, of a corporation making application therefor, before authorizing the issuance of a real estate license. For this purpose the commissioner may call a hearing in accordance with this part relating to hearings. To assist in his or her determination the commissioner shall require every original applicant to be fingerprinted prior to issuing a license. The commissioner may require the fingerprints to be submitted either with the application to take the license examination or with the application for a real estate license. (b) The commissioner shall require a person who submits a petition for reinstatement of his or her license or reduction of a penalty pursuant to Section 11522 of the Government Code, in addition to meeting any other requirements imposed for purposes of the reinstatement or penalty reduction, to submit his or her fingerprints with the petition. (Amended by Stats. 2012, Ch. 380, Sec. 3. (SB 875) Effective January 1, 2013.)
  151. 10152.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The department must send fingerprint images and related information to the Department of Justice for certain real estate applicants, licensees, and related persons; the Department of Justice must then provide a state- or federal-level response.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10152.5. (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all of the following: (1) Original applicants for a salesperson license, pursuant to Section 10151. (2) Original applicants for a broker license, pursuant to Section 10150. (3) Persons seeking to be designated as the officer of a broker who is a corporation, pursuant to Section 10211. (4) Real estate salesperson licensees, as defined in Section 10016. (5) Real estate broker licensees, as defined in Section 10015. (6) Designated officers of a corporation licensed as a broker, as described in Section 10211. (7) Persons who submit a petition for reinstatement of the person’s license or the reduction of a penalty, pursuant to Section 11522 of the Government Code. (b) The Department of Justice shall provide a state- or federal-level response, pursuant to subdivision (p) of Section 11105 of the Penal Code. (Added by Stats. 2025, Ch. 786, Sec. 11. (SB 774) Effective January 1, 2026.)
  152. 10153.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The commissioner must verify by written examination that real estate license applicants, and certain corporate officers or agents applying for a broker’s license, have specified knowledge and understanding.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10153. In addition to the proof of honesty and truthfulness required of any applicant for a real estate license, the commissioner shall ascertain by written examination that the applicant, and in case of a corporation applicant for a real estate broker’s license that each officer, or agent thereof through whom it proposes to act as a real estate licensee, has all of the following: (a) An appropriate knowledge of the English language, including reading, writing, and spelling and of arithmetical computations common to real estate and business opportunity practices. (b) An understanding of the principles of real estate and business opportunity conveyancing, the general purposes and general legal effect of agency contracts, deposit receipts, deeds, mortgages, deeds of trust, chattel mortgages, bills of sale, land contracts of sale and leases, and of the principles of business and land economics and appraisals. (c) A general and fair understanding of the obligations between principal and agent, of the principles of real estate and business opportunity practice and the canons of business ethics pertaining thereto, of the provisions of this part, of Chapter 1 (commencing with Section 11000) of Part 2, and of the regulations of the Real Estate Commissioner as contained in Title 10 of the California Code of Regulations. (Amended by Stats. 2025, Ch. 786, Sec. 12. (SB 774) Effective January 1, 2026.)
  153. 10153.01.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A person must not cheat, subvert, or try to subvert a department licensing examination. The commissioner may bar a willful violator from future examinations and an active real estate license for up to three years.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10153.01. (a) No person shall cheat on, subvert, or attempt to subvert a licensing examination given by the department. Cheating on, subverting, or attempting to subvert a licensing examination includes, but is not limited to, engaging in, soliciting, or procuring any of the following: (1) Any communication between one or more examinees and any person, other than a proctor or examination official, while the examination is in progress. (2) Copying answers from another examinee or permitting one’s answers to be copied by another examinee. (3) The taking of all or a part of the examination by a person other than the applicant. (4) Removing from the examination room any examination materials without authorization. (5) The unauthorized reproduction by any means of any portion of the actual licensing examination. (6) Aiding by any means the unauthorized reproduction of any portion of the actual licensing examination. (7) Possession or use at any time during the examination or while the examinee is on the examination premises of any device, material, or document that is not expressly authorized for use by examinees during the examination, including, but not limited to, notes, crib sheets, textbooks, and electronic devices. (8) Failure to follow any examination instruction or rule related to examination security. (9) Providing false, fraudulent, or materially misleading information concerning education, experience, or other qualifications as part of, or in support of, any application for admission to an examination. (b) The commissioner may bar any candidate who willfully cheats on, subverts, or attempts to subvert an examination from taking any license examination and from holding an active real estate license under any provision of this code for a period of up to three years. (Added by Stats. 2012, Ch. 380, Sec. 4. (SB 875) Effective January 1, 2013.)
  154. 10153.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A person must not use deception or fraud about identity in connection with an examination, application, or request to be examined under this part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10153.1. It is unlawful for any person with respect to any examination under this part to practice any deception or fraud with regard to his or her identity in connection with any examination, application, or request to be examined. Any person who willfully violates or knowingly participates in the violation of this section is guilty of a misdemeanor. (Added by Stats. 1978, Ch. 1285.)
  155. 10153.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    Applicants for an original real estate broker exam must submit proof of completing specified accredited courses, unless the commissioner must waive the requirements for certain applicants.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10153.2. (a) An applicant to take the examination for an original real estate broker license shall also submit evidence, satisfactory to the commissioner, of successful completion, at an accredited institution, of: (1) A three-unit semester course, or the quarter equivalent thereof, in each of the following: (A) Real estate practice, which shall include both of the following: (i) A component on implicit bias, including education regarding the impact of implicit bias, explicit bias, and systemic bias on consumers, the historical and social impacts of those biases, and actionable steps students can take to recognize and address their own implicit biases. (ii) A component on federal and state fair housing laws as those laws apply to the practice of real estate. The fair housing component shall include an interactive participatory component, during which the applicant shall roleplay as both a consumer and real estate professional. (B) Legal aspects of real estate. (C) Real estate appraisal. (D) Real estate financing. (E) Real estate economics or accounting. (2) A three-unit semester course, or the quarter equivalent thereof, in three of the following: (A) Advanced legal aspects of real estate. (B) Advanced real estate finance. (C) Advanced real estate appraisal. (D) Business law. (E) Escrows. (F) Real estate principles. (G) Property management. (H) Real estate office administration. (I) Mortgage loan brokering and lending. (J) Computer applications in real estate. (K) On and after July 1, 2004, California law that relates to common interest developments, including, but not limited to, topics addressed in the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code) and in the Commercial and Industrial Common Interest Development Act (Part 5.3 (commencing with Section 6500) of Division 4 of the Civil Code). (b) The commissioner shall waive the requirements of this section for an applicant who is a member of the State Bar of California and shall waive the requirements for which an applicant has successfully completed an equivalent course of study as determined under Section 10153.5. (Amended by Stats. 2025, Ch. 786, Sec. 13. (SB 774) Effective January 1, 2026.)
  156. 10153.3.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    Certain suspended real estate licenses are treated as expired, the department must update its records, and this section expires on January 1, 2027.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10153.3. (a) Licenses that were suspended pursuant to former Section 10153.4, as it read on December 31, 2025, and for which the current license status remains suspended due to former Section 10153.4, as that section read on December 31, 2025, shall be deemed expired. The expiration date shall be four years following the date of issuance of the license. (b) The department shall update its records to reflect this change. (c) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Repealed and added by Stats. 2025, Ch. 786, Sec. 15. (SB 774) Effective January 1, 2026. Repealed as of January 1, 2027, by its own provisions.)
  157. 10153.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    This section defines “equivalent course of study” and “accredited institution” for use in other sections.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10153.5. As used in Sections 10151 and 10153.2, “an equivalent course of study” consists of courses at a private vocational school that have been found by the commissioner, upon consideration of an application for approval, to be equivalent in quality to the real estate courses offered by the colleges and universities accredited by the Western Association of Schools and Colleges. As used in Sections 10151 and 10153.2, “accredited institution” shall mean a college or university that either: (a) Is accredited by the Western Association of Schools and Colleges, or by any other regional accrediting agency recognized by the United States Department of Education. (b) In the judgment of the commissioner, has a real estate curriculum equivalent in quality to that of the institutions accredited pursuant to subdivision (a). (Amended by Stats. 2025, Ch. 786, Sec. 17. (SB 774) Effective January 1, 2026.)
  158. 10153.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    Real estate broker licenses issued by the commissioner last four years. Applicants must pass the appropriate examination and meet other requirements before a license is issued.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10153.6. All real estate broker licenses issued by the commissioner shall be for a period of four years. Applicants shall qualify in the appropriate examination and satisfy all other requirements prior to issuance of the license. The four-year license may be renewed upon filing the required application and fee, and complying with the provisions of Article 2.5 (commencing with Section 10170). (Amended by Stats. 2002, Ch. 664, Sec. 24. Effective January 1, 2003.)
  159. 10153.7.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    Real estate salesperson licenses issued by the commissioner last four years. Applicants must pass the appropriate examination and meet all other requirements before the license is issued. Renewal is allowed if the required application and fee are filed and Article 2.5 is followed.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10153.7. All real estate salesperson licenses issued by the commissioner shall be for a period of four years. Applicants must qualify in the appropriate examination and satisfy all other requirements prior to issuance of the license. The four-year license may be renewed upon filing the required application and fee, and complying with the provisions of Article 2.5 (commencing with Section 10170). (Amended by Stats. 1980, Ch. 263, Sec. 1.)
  160. 10153.8.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    If a real estate license applicant fails the qualifying exam, they may reapply for reexamination by submitting the required application and fee.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10153.8. When an applicant for a real estate license fails the qualifying examination, the applicant may apply for reexamination by filing the appropriate application and fee. The application and fee for reexamination shall be filed and the reexamination taken within the two-year period following the date the application for examination was filed. (Amended by Stats. 2021, Ch. 431, Sec. 9. (SB 800) Effective January 1, 2022.)
  161. 10156.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A license renewal application filed on time, with the fee and proof of compliance, lets the applicant keep operating after the license expires unless it was previously suspended or revoked.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10156.2. An application on the form prescribed by the commissioner for the renewal of a license, filed before midnight of the last day of the period for which a previous license was issued, accompanied by the applicable renewal fee and good faith evidence of compliance with the provisions of Article 2.5 (commencing with Section 10170), entitles the applicant to continue operating under their existing license after its specified expiration date, if not previously suspended or revoked. If the commissioner determines that the applicant has not complied with the continuing education requirements, they shall either (1) advise the applicant of the applicability of Section 10171.2 on an extended period for compliance; or (2) advise the applicant that their rights to operate under the prior license will expire five days from the date the notice is mailed, or on the date the license would normally expire, whichever is later; and the commissioner’s reason for that determination, and the right of the applicant to request a hearing on the decision. Nothing in this section shall prevent the commissioner from delaying the renewal of the license of a licensee pursuant to Section 10177. (Amended by Stats. 2025, Ch. 786, Sec. 18. (SB 774) Effective January 1, 2026.)
  162. 10156.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The commissioner may issue a restricted license to a person who meets certain hearing-based violation or denial conditions.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10156.5. The commissioner may issue a restricted license to a person: (a) Who is or has been licensed under this chapter and who has been found by the commissioner after a hearing to have violated provisions of Division 4 of this code where such violation would justify the suspension or revocation of the license. (b) Who is applying for a license under this chapter, who has met the examination and experience requirements, but who has been found by the commissioner after a hearing to have failed to have made a satisfactory showing that he meets all of the other requirements for the license applied for, where such failure would justify the denial of the license applied for. (Amended by Stats. 1953, Ch. 944.)
  163. 10156.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The commissioner may restrict a restricted real estate license by term, by requiring employment with a particular broker if the holder is a salesperson, or by other conditions.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10156.6. A restricted license issued pursuant to Section 10156.5 as the commissioner in their discretion finds advisable in the public interest may be restricted: (a) By term. (b) To employment by a particular real estate broker, if a salesperson. (c) By conditions to be observed in the exercise of the privileges granted. (Amended by Stats. 2025, Ch. 786, Sec. 19. (SB 774) Effective January 1, 2026.)
  164. 10156.7.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A restricted license does not give the holder a property right or a right to renewal. The commissioner may also suspend the licensee’s right to exercise restricted-license privileges without a hearing, until a final determination after formal hearing.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10156.7. (a) A restricted license issued pursuant to Section 10156.5 does not confer any property right in the privileges to be exercised thereunder, and the holder of a restricted license does not have the right to the renewal of the license. (b) The commissioner may without hearing issue an order suspending the licensee’s right to further exercise any privileges granted under a restricted license pending final determination made after formal hearing. (Amended by Stats. 2025, Ch. 786, Sec. 20. (SB 774) Effective January 1, 2026.)
  165. 10156.8.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The commissioner may require surety bonds as a condition for issuing a restricted license.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10156.8. As one of the conditions to the issuance of a restricted license authorized by Section 10156.5 the commissioner may require the filing of surety bonds in such form and condition as he may require in respect to the restricted licensee for the protection of persons or classes of persons with whom said licensee may deal. (Added by Stats. 1945, Ch. 660.)
  166. 10157.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A real estate license only authorizes the person it is issued to, not anyone else.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10157. No real estate license gives authority to do any act specified in this chapter to any person, other than the person to whom the license is issued. (Added by Stats. 1943, Ch. 127.)
  167. 10158.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A corporation with a real estate license must get an extra license for each additional officer who will act as a broker, unless the officer is the one designated under Section 10211. If the sole designated broker-officer dies or becomes incapacitated, the corporation can keep operating without interruption if it files notice and an application for a new designated officer by the 10th business day.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10158. When a real estate license is issued to a corporation, if it desires any of its officers other than the officer designated by it pursuant to Section 10211, to act under its license as a real estate broker, it shall procure an additional license to retain each of those additional officers. In the event of death or incapacity of a sole designated broker-officer, a corporation may operate as a licensee without interruption under its existing license if notice of the death or incapacity and an application for a new designated officer is filed with the department before midnight of the 10th business day after the event. (Amended by Stats. 2018, Ch. 285, Sec. 36. (AB 2884) Effective January 1, 2019.)
  168. 10159.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A corporation may act as a real estate broker only if the department licenses it through qualified broker-officers; an officer used for that purpose need not hold an individual broker’s license but is still subject to broker duties.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10159. Each officer of a corporation through whom it is licensed to act as a real estate broker need not be a licensed real estate broker, but if not, is authorized only to act as such for and on behalf of the corporation as an officer. This does not preclude a designated corporate officer who has a separate individual license from conducting licensed activity for another entity if the entity for which he or she acts is clearly disclosed and apparent to any member of the public using his or her services outside the corporation. When a corporation wishes to act as a real estate broker, the corporation shall be licensed by the department through qualified broker-officers, who have either passed the broker license examination and are now qualified to obtain a broker license, or who are currently licensed as real estate brokers. An officer of a corporation through whom it is licensed to act need not maintain an individual broker’s license, but is otherwise subject to all duties and responsibilities of a licensed broker. (Amended by Stats. 2018, Ch. 285, Sec. 37. (AB 2884) Effective January 1, 2019.)
  169. 10159.2.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A designated officer of a corporate broker licensee must supervise and control the corporation’s activities to ensure compliance, and certain corporate broker licensees may assign salesperson supervision to broker-officers by board resolution. A certified copy of that resolution must be filed with the Real Estate Commissioner within five days.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10159.2. (a) The officer designated by a corporate broker licensee pursuant to Section 10211 shall be responsible for the supervision and control of the activities conducted on behalf of the corporation by its officers and employees as necessary to secure full compliance with the provisions of this division, including the supervision of salespersons licensed to the corporation in the performance of acts for which a real estate license is required. (b) A corporate broker licensee that has procured additional licenses in accordance with Section 10158 through officers other than the officer designated pursuant to Section 10211 may, by appropriate resolution of its board of directors, assign supervisory responsibility over salespersons licensed to the corporation to its broker-officers. (c) A certified copy of any resolution of the board of directors assigning supervisory responsibility over real estate salespersons licensed to the corporation shall be filed with the Real Estate Commissioner within five days after the adoption or modification thereof. (Added by Stats. 1979, Ch. 595.)
  170. 10159.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    Applicants using a fictitious business name must file a certified copy of the name statement with the application, and salespersons may use such a name only as allowed by the responsible broker.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10159.5. (a) (1) Every person applying for a license under this chapter who desires to have the license issued under a fictitious business name shall file with the application a certified copy of their fictitious business name statement filed with the county clerk pursuant to Chapter 5 (commencing with Section 17900) of Part 3 of Division 7. (2) A responsible broker may, by contract, permit a salesperson to do all of the following: (A) File an application on behalf of a responsible broker with a county clerk to obtain a fictitious business name. (B) Deliver to the department an application, signed by the responsible broker, requesting the department’s approval to use a county approved fictitious business name that shall be identified with the responsible broker’s license number. (C) Pay for any fees associated with filing an application with a county or the department to obtain or use a fictitious business name. (D) Maintain ownership of a fictitious business name, as defined in paragraph (1) of subdivision (a) of Section 10159.7, that may be used subject to the control of the responsible broker. (b) (1) A salesperson using a fictitious business name authorized by subdivision (a), shall use that name only as permitted by the responsible broker. (2) This section does not change a real estate broker’s duties under this division to supervise a salesperson. (c) A person applying to a county for a fictitious business name pursuant to subdivision (a) may file the application in the county or counties where the fictitious business name will be used. (d) Advertising and solicitation materials, including business cards, print or electronic media and “for sale” signage, using a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the responsible broker’s identity, as defined in Section 10015.4, in a manner equally as prominent as the fictitious business name. (e) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials, including print or electronic media and “for sale” signage, containing a fictitious business name obtained in accordance with paragraph (2) of subdivision (a) shall include the name and license number of the salesperson who is using the fictitious business name. (f) Notwithstanding Section 10185, a violation of this section is not a misdemeanor. (Amended by Stats. 2022, Ch. 511, Sec. 55. (SB 1495) Effective January 1, 2023.)
  171. 10159.6.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    If advertising or solicitation materials use a team name, they must show the team name, at least one team member’s name and license number, and the responsible broker’s identity, and they may not suggest an independent real estate entity.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10159.6. All of the following apply to use of a team name, as defined in paragraph (3) of subdivision (a) of Section 10159.7: (a) Notwithstanding subdivision (b) of Section 10140.6, advertising and solicitation materials that contain a team name, including print or electronic media and “for sale” signage, shall include, and display in a conspicuous and prominent manner, the team name and the name and license number of at least one of the licensed members of the team. (b) The responsible broker’s identity shall be displayed as prominently and conspicuously as the team name in all advertising and solicitation materials. (c) The advertising and solicitation materials shall not contain terms that imply the existence of a real estate entity independent of the responsible broker. (d) Notwithstanding Section 10185, a violation of this section is not a misdemeanor. (Amended by Stats. 2018, Ch. 285, Sec. 38. (AB 2884) Effective January 1, 2019.)
  172. 10159.7.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    This section defines “fictitious business name,” “ownership of a fictitious business name,” and “team name,” and says using a team name does not require a separate license.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10159.7. (a) For the purposes of this article, the following definitions shall apply: (1) “Fictitious business name” means a professional identity or brand name under which activity requiring a real estate license is conducted and the use of which is subject to approval by the department pursuant to Section 10159.5. (2) “Ownership of a fictitious business name” means the right to use, renew, and control the use of a fictitious business name obtained in accordance with Section 10159.5. (3) “Team name” means a professional identity or brand name used by a salesperson, and one or more other real estate licensees, for the provision of real estate licensed services. Notwithstanding any other law, the use of a team name does not require that a separate license be issued for that name pursuant to Section 10159.5. A team name does not constitute a fictitious business name for purposes of this part or any other law or for purposes of filing a fictitious business name statement with an application as required by subdivision (a) of Section 10159.5 if all of the following apply: (A) The name is used by two or more real estate licensees who work together to provide licensed real estate services, or who represent themselves to the public as being a part of a team, group, or association to provide those services. (B) The name includes the surname of at least one of the licensee members of the team, group, or association in conjunction with the term “associates,” “group,” or “team.” (C) The name does not include any term or terms, such as “real estate broker,” “real estate brokerage,” “broker,” or “brokerage” or any other term that would lead a member of the public to believe that the team is offering real estate brokerage services, that imply or suggest the existence of a real estate entity independent of a responsible broker. (b) Nothing in this section changes a real estate broker’s duties under this division to supervise a salesperson. (Amended by Stats. 2018, Ch. 285, Sec. 39. (AB 2884) Effective January 1, 2019.)
  173. 10161.5.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A broker or salesperson who had to give up a license to take a government office may get it reinstated within six months after leaving office, if the license is at least four years old and the renewal fee and Article 2.5 requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10161.5. When the holder of a real estate broker’s or salesperson’s license is required to relinquish his or her license to assume an office in local, state, or federal government, he or she may have it reinstated at any time within six months of termination of his or her service in office upon payment of the appropriate renewal fee, and compliance with the provisions of Article 2.5 (commencing with Section 10170) of this chapter, if the relinquished license was issued four or more years prior to his or her application for reinstatement. (Amended by Stats. 2016, Ch. 177, Sec. 27. (AB 685) Effective January 1, 2017.)
  174. 10161.8.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The commissioner sets the notice method, and responsible brokers and a real estate licensee must notify the commissioner in several specified situations.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10161.8. (a) The commissioner shall specify the manner in which a responsible broker shall provide notice to the commissioner of an affiliation with a real estate licensee or by which a real estate licensee shall provide notice of a change of address or affiliation. (b) Whenever a responsible broker retains a real estate salesperson to conduct activities requiring a license, the responsible broker shall notify the commissioner in a manner specified by the commissioner. (c) Whenever a responsible broker retains a real estate broker to conduct activities requiring a license, the responsible broker shall provide notice to the commissioner in a manner specified by the commissioner. (d) Whenever an affiliation with a real estate licensee is terminated, the responsible broker shall provide notice to the commissioner in a manner specified by the commissioner. (e) Whenever a real estate licensee acquires a business address different from the address shown in the records maintained by the commissioner, the licensee shall notify the commissioner in a manner specified by the commissioner. (Repealed and added by Stats. 2018, Ch. 285, Sec. 42. (AB 2884) Effective January 1, 2019.)
  175. 10162.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    Licensed real estate brokers must maintain a definite California business office, and brokers and salesperson licensees must keep the commissioner informed of current contact details. A real estate license generally does not authorize business from any location other than the one shown on the license, and the licensee email address is protected from public-record disclosure except by court order.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10162. (a) Every licensed real estate broker shall have and maintain a definite place of business in the State of California that serves as the broker’s office for the transaction of business. This office shall be the place where the broker’s license is displayed and where personal consultations with clients are held. (b) A real estate license does not authorize the licensee to do business except from the location stipulated in the real estate license as issued or as altered pursuant to Section 10161.8. (c) (1) Every applicant for a real estate broker or salesperson license shall provide to the commissioner their current office or mailing address, a current telephone number, and a current electronic mail address that they maintain or use to perform any activity that requires a real estate license at which the department may contact the licensee. (2) Every real estate broker and salesperson licensee shall inform the commissioner of any change to their office or mailing address, telephone number, or electronic mail address no later than 30 days after making the change. (3) The licensee email address provided to the department shall not be considered a public record and shall not be disclosed pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required by an order of a court of competent jurisdiction. (4) Information sent from an email account of the department to a valid email address provided by an applicant or licensee is presumed to have been delivered to the email address provided. (d) Notwithstanding Section 10185, a violation of this section is not a misdemeanor. (e) For the purposes of this section, “valid email address” means an email address at which the applicant or licensee is currently receiving email at the time the application or license renewal is submitted to the department, or has been updated pursuant to paragraph (2) of subdivision (c). (Amended by Stats. 2025, Ch. 786, Sec. 21. (SB 774) Effective January 1, 2026.)
  176. 10163.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A broker-license applicant with more than one place of business in the state must get an additional license for each branch office and identify the person and business location in the application.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10163. If the applicant for a real estate broker’s license maintains more than one place of business within the State he shall apply for and procure an additional license for each branch office so maintained by him. Every such application shall state the name of the person and the location of the place or places of business for which such license is desired. The commissioner may determine whether or not a real estate broker is doing a real estate brokerage business at or from any particular location which requires him to have a branch office license. (Added by Stats. 1943, Ch. 127.)
  177. 10164.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    A responsible broker or corporate designated broker officer may appoint a licensee to manage a branch office or division, but the appointment must be in a written contract, and the broker must keep a copy and notify the department and commissioner as required.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10164. (a) A responsible broker or corporate designated broker officer may appoint a licensee as a manager of a branch office or division of the responsible broker’s or corporate designated broker officer’s real estate business and delegate to the appointed manager the responsibility to oversee day-to-day operations, supervise the licensed activities of licensees, and supervise clerical staff employed in the branch office or division. (b) Notwithstanding subdivision (a), nothing in this section shall be construed to limit the responsibilities of a responsible broker or a corporate designated broker officer pursuant to subdivision (h) of Section 10177. A licensee accepting appointment as a manager shall be subject to disciplinary action pursuant to Section 10165 for failure to properly supervise licensed activity pursuant to subdivision (a). (c) Appointment of a manager shall only be made by means of a written contract in which the manager accepts the delegated responsibility. The appointing responsible broker or corporate designated broker officer shall retain a copy of the contract and send a notice to the department, in a form approved by the commissioner, identifying the appointed manager and the branch office or division the manager is appointed to supervise. (d) A licensee shall not be appointed as a manager if any of the following apply: (1) The licensee holds a restricted license. (2) The licensee is or has been subject to an order of debarment. (3) The licensee is a salesperson with less than two years of full-time real estate experience within five years preceding the appointment. (e) Whenever an appointment of a branch manager is terminated or changed, the responsible broker or corporate designated broker officer shall immediately notify the commissioner thereof in writing. (Amended by Stats. 2018, Ch. 285, Sec. 43. (AB 2884) Effective January 1, 2019.)
  178. 10165.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    If a real estate licensee violates certain sections, the commissioner may temporarily suspend or permanently revoke the license.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10165. For a violation of Section 10161.8, 10162, 10163, or subdivision (b) of Section 10164, the commissioner may temporarily suspend or permanently revoke the license of the real estate licensee in accordance with this part relating to hearings. (Amended by Stats. 2022, Ch. 511, Sec. 56. (SB 1495) Effective January 1, 2023.)
  179. 10165.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. )

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    The department is not required to post or publish certain email addresses or telephone numbers, and if it releases them, it must do so in a way that discourages unauthorized or unsolicited commercial email use.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2. Licenses [10150 - 10165.1] ( Article 2 added by Stats. 1943, Ch. 127. ) ## 10165.1. This article does not require the department to post or publish electronic mail addresses or telephone numbers collected pursuant to Section 10150, 10151, or 10162, and if released by the department, the information shall be released in a way that discourages its use in unauthorized or unsolicited commercial electronic mail advertisement programs. (Amended by Stats. 2021, Ch. 431, Sec. 12. (SB 800) Effective January 1, 2022.)
  180. 10166.01.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    This section defines key terms used in the mortgage licensing article, including “SAFE Act,” “mortgage loan originator,” “dwelling,” and related terms.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.01. For purposes of this article, the following definitions shall apply: (a) “SAFE Act” means the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (Public Law 110-289). (b) (1) “Mortgage loan originator” means an individual who takes a residential mortgage loan application or offers or negotiates terms of a residential mortgage loan for compensation or gain. (2) Mortgage loan originator does not include any of the following: (A) An individual who performs purely administrative or clerical tasks on behalf of a person meeting the definition of a mortgage loan originator, except as otherwise provided in subdivision (c) of Section 10166.03. The term “administrative or clerical tasks” means the receipt, collection, and distribution of information common for the processing or underwriting of a loan in the mortgage industry and communication with a consumer to obtain information necessary for the processing or underwriting of a residential mortgage loan. (B) An individual that only performs real estate brokerage services, as defined in subdivision (a) or (b) of Section 10131, unless that person is compensated by a lender, other mortgage loan originator, or by any agent of any lender or other mortgage loan originator. (C) An individual who solely renegotiates terms for existing mortgage loans held or serviced by their employer and who does not otherwise act as a mortgage loan originator, unless the United States Department of Housing and Urban Development or a court of competent jurisdiction determines that the SAFE Act requires such an employee to be licensed as a mortgage loan originator under state laws implementing the SAFE Act. (D) An individual that is solely involved in extensions of credit relating to timeshare plans, as that term is defined in Section 101(53D) of Title 11 of the United States Code. (E) An individual licensed or registered as a mortgage loan originator pursuant to the Financial Code and the SAFE Act. (c) “Nationwide Multistate Licensing System and Registry” means a mortgage licensing system developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the licensing and registration of mortgage loan originators. (d) “Residential mortgage loan” means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling, or residential real estate upon which is constructed or intended to be constructed a dwelling. “Dwelling” means a residential structure that contains one to four units, whether or not that structure is attached to real property. The term includes an individual condominium unit, cooperative unit, mobilehome, or trailer, if it is used as a residence. (e) “Unique identifier” means a number or other identifier assigned by protocols established by the Nationwide Multistate Licensing System and Registry. (f) “Loan processor or underwriter” means an individual who performs clerical or support duties as an employee at the direction of, and subject to the supervision and instruction of, a mortgage loan originator. (Amended by Stats. 2022, Ch. 511, Sec. 57. (SB 1495) Effective January 1, 2023.)
  181. 10166.02.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Certain brokers and supervised salespersons must notify the department when they make, arrange, or service qualifying residential mortgage loans, and mortgage loan originators must have both a real estate license and the required endorsement.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.02. (a) A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131, and who makes, arranges, or services loans secured by real property containing one to four residential units, and any salesperson who acts in a similar capacity under the supervision of that broker, shall notify the department by January 31, 2010, or within 30 days of commencing that activity, whichever is later. The notification shall be made in writing, as directed, on a form that is acceptable to the commissioner. (b) No individual may engage in business as a mortgage loan originator under this article without first doing both of the following: (1) Obtaining and maintaining a real estate license pursuant to Article 2 (commencing with Section 10150). (2) Obtaining and maintaining a real estate license endorsement pursuant to this article identifying that individual as a licensed mortgage loan originator. (c) License endorsements shall be valid for a period of one year and shall expire on December 31 each year. (d) Applicants for a mortgage loan originator license endorsement shall apply in a form prescribed by the commissioner. Each form shall contain content as set forth by rule, regulation, instruction, or procedure of the commissioner. (e) In order to fulfill the purposes of this article, the commissioner may establish relationships or contracts with the Nationwide Multistate Licensing System and Registry or other entities designated by the Nationwide Multistate Licensing System and Registry to collect and maintain records and process transaction fees or other fees related to licensees or other persons subject to this article. (f) A real estate broker or salesperson who fails to notify the department pursuant to subdivision (a), or who fails to obtain a license endorsement required pursuant to paragraph (2) of subdivision (b), shall be assessed a penalty of fifty dollars ($50) per day for each day written notification has not been received or a license endorsement has not been obtained, up to and including the 30th day after the first day of the assessment penalty. On and after the 31st day, the penalty is one hundred dollars ($100) per day, not to exceed a total penalty of ten thousand dollars ($10,000), regardless of the number of days, until the department receives the written notification or the licensee obtains the license endorsement. Penalties for violations of subdivisions (a) and (b) shall be additive. (g) The commissioner may suspend or revoke the license of a real estate broker or salesperson who fails to pay a penalty imposed pursuant to this section. In addition, the commissioner may bring an action in an appropriate court of this state to collect payment of that penalty. (h) All penalties paid or collected under this section shall be deposited into the Consumer Recovery Account of the Real Estate Fund and shall, upon appropriation by the Legislature, be available for expenditure for the purposes specified in Chapter 6.5 (commencing with Section 10470). (Amended by Stats. 2022, Ch. 511, Sec. 58. (SB 1495) Effective January 1, 2023.)
  182. 10166.03.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Some loan processors and underwriters are exempt from needing a mortgage loan originator endorsement if they do not hold themselves out as performing mortgage loan originator activities. Independent contractor loan processors or underwriters employed by a mortgage loan originator may not do those activities unless they obtain and keep the endorsement, and they must have a valid unique identifier.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.03. (a) A loan processor or underwriter who does not represent to the public, through advertising or other means of communicating or providing information, including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator shall not be required to obtain a license endorsement as a mortgage loan originator. (b) An individual engaging solely in loan processor or underwriter activities shall not represent to the public, through advertising or other means of communicating or providing information including the use of business cards, stationery, brochures, signs, rate lists, or other promotional items, that the individual can or will perform any of the activities of a mortgage loan originator. (c) An independent contractor who is employed by a mortgage loan originator may not engage in the activities of a loan processor or underwriter for a residential mortgage loan unless the independent contractor loan processor or underwriter obtains and maintains an endorsement as a mortgage loan originator under this article. Each independent contractor loan processor or underwriter who obtains and maintains an endorsement as a mortgage loan originator under this article shall have and maintain a valid unique identifier issued by the Nationwide Multistate Licensing System and Registry. (Amended by Stats. 2022, Ch. 511, Sec. 59. (SB 1495) Effective January 1, 2023.)
  183. 10166.04.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Applicants for a mortgage loan originator license endorsement must provide identity and background information to the Nationwide Multistate Licensing System and Registry, and the Department of Justice must provide related electronic responses and may charge a processing fee.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.04. (a) In connection with an application to the commissioner for a license endorsement as a mortgage loan originator, every applicant shall furnish to the Nationwide Multistate Licensing System and Registry information concerning the applicant’s identity, including the following: (1) Fingerprint images and related information, for purposes of performing a federal, or both a state and federal, criminal history background check. (2) Personal history and experience in a form prescribed by the Nationwide Multistate Licensing System and Registry, including the submission of authorization for the Nationwide Multistate Licensing System and Registry and the commissioner to obtain both of the following: (A) An independent credit report from a consumer reporting agency. (B) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction. (b) The commissioner may ask the Nationwide Multistate Licensing System and Registry to obtain state criminal history background check information on applicants described in subdivision (a) using the procedures set forth in subdivisions (c) and (d). (c) If the Nationwide Multistate Licensing System and Registry electronically submits fingerprint images and related information, as required by the Department of Justice, for an applicant for a mortgage loan originator license endorsement, to the Department of Justice for the purposes of obtaining information as to the existence and content of a record of state convictions and state arrests, and as to the existence and content of a record of state arrests for which the Department of Justice establishes that the person is free on bail or on their recognizance pending trial or appeal, the Department of Justice shall provide an electronic response to the Nationwide Multistate Licensing System and Registry pursuant to paragraph (1) of subdivision (p) of Section 11105 of the Penal Code, and shall provide the same electronic response to the department. (d) The Nationwide Multistate Licensing System and Registry may request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons described in subdivision (a). The Department of Justice shall provide the same electronic response to the department. (e) The Department of Justice shall charge a fee sufficient to cover the cost of processing the requests described in this section. (Amended by Stats. 2022, Ch. 511, Sec. 60. (SB 1495) Effective January 1, 2023.)
  184. 10166.05.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    The commissioner may not issue a mortgage loan originator license endorsement unless the applicant meets the listed eligibility findings.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.05. Notwithstanding any other provision of law, the commissioner shall not issue a license endorsement to act as a mortgage loan originator to an applicant unless the commissioner makes all of the following findings: (a) The applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a subsequent formal vacation of a revocation shall not be deemed a revocation. (b) (1) The applicant has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign, or military court during the seven-year period preceding the date of the application for licensing, or at any time preceding the date of application, if the felony involved an act of fraud, dishonesty, a breach of trust, or money laundering. Whether a particular crime is classified as a felony shall be determined by the law of the jurisdiction in which an individual is convicted. (2) For purposes of this subdivision, an expunged or pardoned felony conviction shall not require denial of an application. However, the commissioner may consider the underlying crime, facts, or circumstances of an expunged or pardoned felony conviction when determining the eligibility of an applicant for licensure under this subdivision or subdivision (c). (c) The applicant has demonstrated such financial responsibility, character, and general fitness as to command the confidence of the community and warrant a determination that the mortgage loan originator will operate honestly, fairly, and efficiently within the purposes of the article. (d) The applicant has complied with the education and written testing requirements in Section 10166.06. (Amended by Stats. 2011, Ch. 444, Sec. 1. (SB 217) Effective January 1, 2012.)
  185. 10166.051.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    The commissioner may take disciplinary or directive action against mortgage loan originator license endorsements, including denial, suspension, revocation, restriction, nonrenewal, or orders to stop business or harmful conduct.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.051. In addition to any penalties authorized by regulations adopted pursuant to Section 10166.15, the commissioner may do one or more of the following, after appropriate notice and opportunity for hearing: (a) Deny, suspend, revoke, restrict, or decline to renew a mortgage loan originator license endorsement for a violation of this article, or any rules or regulations adopted hereunder. (b) Deny, suspend, revoke, condition, or decline to renew a mortgage loan originator license endorsement, if an applicant or endorsement holder fails at any time to meet the requirements of Section 10166.05 or 10166.09, or withholds information or makes a material misstatement in an application for a license endorsement or license endorsement renewal. (c) Issue orders or directives to licensees who hold mortgage loan originator license endorsements, as follows: (1) Order or direct persons subject to this article to desist and refrain from conducting business, including immediate temporary orders to desist and refrain. (2) Order or direct persons subject to this article to cease any harmful activities or violations of this article, including immediate temporary orders to desist and refrain. (3) Enter immediate temporary orders to cease business under a license endorsement if the commissioner determines that the license endorsement was erroneously granted or the endorsement holder is currently in violation of this article. (4) Order or direct any other affirmative action the commissioner deems necessary. (Added by Stats. 2010, Ch. 287, Sec. 5. (SB 1137) Effective January 1, 2011.)
  186. 10166.06.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Applicants for a mortgage loan originator license endorsement must complete 20 hours of education, pass a qualified written test, and meet retesting and score requirements.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.06. (a) In addition to the requirements of Section 10153, an applicant for a license endorsement as a mortgage loan originator shall complete at least 20 hours of education courses, which shall include at least the following: (1) Three hours of federal law and regulations. (2) Three hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues. (3) Two hours of training related to lending standards for the nontraditional mortgage product marketplace. (b) For purposes of this section, education courses are only acceptable if they have been reviewed and approved, or otherwise deemed acceptable, by the Nationwide Multistate Licensing System and Registry, in accordance with the SAFE Act. Education may be offered in a classroom, online, or by any other means approved by the Nationwide Multistate Licensing System and Registry, in accordance with the SAFE Act. (c) A person who successfully completes the education requirements approved by the Nationwide Multistate Licensing System and Registry in any state other than California shall be granted credit by the commissioner toward completion of the education requirements of this section. (d) Before being issued a license endorsement to act as a mortgage loan originator, an individual shall pass a qualified written test developed or otherwise deemed acceptable by the Nationwide Multistate Licensing System and Registry and administered by a test provider approved or otherwise deemed acceptable by the Nationwide Multistate Licensing System and Registry. (e) A written test shall not be treated as a qualified written test for purposes of this section, unless the test adequately measures the applicant’s knowledge and comprehension in the following subject areas: ethics, federal law and regulation pertaining to mortgage origination, state law and regulation pertaining to mortgage origination, and federal and state law and regulation relating to fraud, consumer protection, the nontraditional mortgage marketplace, and fair lending issues. (f) This section does not prohibit a test provider approved by the Nationwide Multistate Licensing System and Registry from providing a test at the location of the employer of the applicant or any subsidiary or affiliate of the employer of the applicant, or any entity with which the applicant holds an exclusive arrangement to conduct the business of a mortgage loan originator. (g) An individual shall not be considered to have passed a qualified written test administered pursuant to this section unless the individual achieves a test score of not less than 75 percent correct answers to questions. (h) An individual who fails the qualified written test may retake the test, although at least 30 days must pass between each retesting, except as provided in subdivision (i). (i) An applicant who fails three consecutive tests shall wait at least six months before retesting. (j) A mortgage loan originator who fails to maintain a valid license endorsement for a period of five years or longer or who fails to register as a mortgage loan originator shall retake the qualified written test. (Amended by Stats. 2022, Ch. 511, Sec. 61. (SB 1495) Effective January 1, 2023.)
  187. 10166.07.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Certain real estate brokers must file an annual business activities report, and the commissioner can waive some reporting details or penalize late filing.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.07. (a) A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131, and who makes, arranges, or services one or more loans in a calendar year that are secured by real property containing one to four residential units, shall annually file a business activities report, within 90 days after the end of the broker’s fiscal year or within any additional time as the commissioner may allow for filing for good cause. The report shall contain within its scope all of the following information for the fiscal year, relative to the business activities of the broker and those of any other brokers and real estate salespersons acting under that broker’s supervision: (1) Name and license number of the supervising broker and names and license numbers of the real estate brokers and salespersons under that broker’s supervision. The report shall include brokers and salespersons who were under the supervising broker’s supervision for all or part of the year. (2) A list of the real estate-related activities in which the supervising broker and the brokers and salespersons under the supervising broker’s supervision engaged during the prior year. This listing shall identify all of the following: (A) Activities relating to mortgages, including arranging, making, or servicing. (B) Other activities performed under the real estate broker’s or salesperson’s license. (C) Activities performed under related licenses, including, but not limited to, a license to engage as a finance lender or a finance broker under the California Financing Law (Division 9 (commencing with Section 22000) of the Financial Code), or a license to engage as a residential mortgage lender or residential mortgage loan servicer under the California Residential Mortgage Lending Act (Division 20 (commencing with Section 50000) of the Financial Code). (3) A list of the forms of media used by the broker and those under the broker’s supervision to advertise to the public, including print, radio, television, the internet, or other means. (4) For fixed rate loans made, brokered, or serviced, all of the following: (A) The total number, aggregate principal amount, lowest interest rate, highest interest rate, and a list of the institutional lenders of record. If the loan was funded by any lender other than an institutional lender, the broker shall categorize the loan as privately funded. (B) The total number and aggregate principal amount of covered loans, as defined in Section 4970 of the Financial Code. (C) The total number and aggregate principal amount of loans for which Department of Real Estate form RE Form 885 or an equivalent is required. (5) For adjustable rate loans made, brokered, or serviced, all of the following: (A) The total number, aggregate principal amount, lowest beginning interest rate, highest beginning interest rate, highest margin, and a list of the institutional lenders of record. If the loan was funded by any lender other than an institutional lender, the broker shall categorize the loan as privately funded. (B) The total number and aggregate principal amount of covered loans, as defined in Section 4970 of the Financial Code. (C) The total number and aggregate principal amount of loans for which Department of Real Estate form RE Form 885 or an equivalent is required. (6) For all loans made, brokered, or serviced, the total number and aggregate principal amount of loans funded by institutional lenders, and the total number and aggregate principal amount of loans funded by private lenders. (7) For all loans made, brokered, or serviced, the total number and aggregate principal amount of loans that included a prepayment penalty, the minimum prepayment penalty length, the maximum prepayment penalty length, and the number of loans with prepayment penalties whose length exceeded the length of time before the borrower’s loan payment amount could increase. (8) For all loans brokered, the total compensation received by the broker, including yield spread premiums, commissions, and rebates, but excluding compensation used to pay fees for third-party services on behalf of the borrower. (9) For all mortgage loans made or brokered, the total number of loans for which a mortgage loan disclosure statement was provided in a language other than English, and the number of forms provided per language other than English. (10) For all mortgage loans serviced, the total amount of funds advanced to be applied toward a payment to protect the security of the note being serviced. (11) For purposes of this section, an institutional lender has the meaning specified in paragraph (1) of subdivision (c) of Section 10232. (b) A broker subject to this section and Section 10232.2 may file consolidated reports that include all of the information required under this section and Section 10232.2. Those consolidated reports shall clearly indicate that they are intended to satisfy the requirements of both sections. (c) If a broker subject to this section fails to timely file the report required under this section, the commissioner may cause an examination and report to be made and may charge the broker one and one-half times the cost of making the examination and report. In determining the hourly cost incurred by the commissioner for conducting an examination and preparing the report, the commissioner may use the estimated average hourly cost for all department audit staff performing audits of real estate brokers. If a broker fails to pay the commissioner’s cost within 60 days of the mailing of a notice of billing, the commissioner may suspend the broker’s license or deny renewal of that license. The suspension or denial shall remain in effect until the billed amount is paid or the broker’s right to renew a license has expired. The commissioner may maintain an action for the recovery of the billed amount in any court of competent jurisdiction. (d) The report described in this section is exempted from any requirement of public disclosure by subdivision (b) of Section 7929.000 of the Government Code. (e) The commissioner may waive the requirement to submit certain information described in paragraphs (1) to (10), inclusive, of subdivision (a) if the commissioner determines that this information is duplicative of information required by the Nationwide Multistate Licensing System and Registry, pursuant to Section 10166.08. (Amended by Stats. 2023, Ch. 131, Sec. 7. (AB 1754) Effective January 1, 2024.)
  188. 10166.08.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Each mortgage loan originator must submit reports of condition to the Nationwide Multistate Licensing System and Registry, and the reports must use the form and information the Registry requires.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.08. Each mortgage loan originator shall submit reports of condition to the Nationwide Multistate Licensing System and Registry reports of condition, and those reports shall be in the form and shall contain information as the Nationwide Multistate Licensing System and Registry may require. (Amended by Stats. 2022, Ch. 511, Sec. 63. (SB 1495) Effective January 1, 2023.)
  189. 10166.09.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    To renew an endorsement as a mortgage loan originator, the person must keep meeting the minimum standards for obtaining the endorsement and complete the annual continuing education required by Section 10166.10.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.09. The minimum standards for renewal of an endorsement as a mortgage loan originator shall include the following: (a) The mortgage loan originator continues to meet the minimum standards for obtaining an endorsement as a mortgage loan originator. (b) The mortgage loan originator satisfies the annual continuing education requirements described in Section 10166.10. (Added by Stats. 2009, Ch. 160, Sec. 6. (SB 36) Effective October 11, 2009.)
  190. 10166.10.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Mortgage loan originators must complete at least 8 hours of continuing education each year, with required topic breakdowns and limits on when course credit counts.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.10. (a) A mortgage loan originator shall complete at least eight hours of continuing education annually, which shall include at least three hours relating to federal law and regulations, two hours of ethics, which shall include instruction on fraud, consumer protection, and fair lending issues, and two hours related to lending standards for the nontraditional mortgage product marketplace. (b) For purposes of subdivision (a), continuing education courses and course providers shall be reviewed and approved by the commissioner and the Nationwide Multistate Licensing System and Registry. (c) The commissioner shall have the authority to substitute any of the courses described in subdivision (a) for the course requirements of Section 10170.5, subject to a finding that the course requirements in subdivision (a) and the course completion standards in subdivision (g) of Section 10166.06 are substantially equivalent to, and meet the intent of, Section 10170.5. (d) This section does not preclude any education course, as approved by the commissioner and the Nationwide Multistate Licensing System and Registry, that is provided by the employer of the mortgage loan originator or an entity that is affiliated with the mortgage loan originator by an agency contract, or any subsidiary or affiliate of the employer or entity. (e) Continuing education may be offered either in a classroom, online, or by any other means approved by the commissioner and the Nationwide Multistate Licensing System and Registry. (f) A mortgage loan originator may only receive credit for a continuing education course in the year in which the course is taken. (g) A mortgage loan originator may not take the same approved course in the same or successive years to meet the requirements of this section for continuing education. (h) A mortgage loan originator who is an instructor of an approved continuing education course may receive credit for their own annual continuing education requirement at the rate of two hours credit for every one hour taught. (i) A person who successfully completes the education requirements approved by the Nationwide Multistate Licensing System and Registry in any state other than California shall be granted credit by the commissioner towards completion of continuing education requirements in this state. (j) A mortgage loan originator whose license endorsement lapses, expires, or is suspended or revoked, and who wishes to regain their license endorsement, shall complete continuing education requirements for the last year in which the endorsement was held, before issuance of a new or renewed endorsement. (Amended by Stats. 2022, Ch. 511, Sec. 64. (SB 1495) Effective January 1, 2023.)
  191. 10166.11.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Certain real estate brokers must keep records, provide a disclosure authorization on request, and allow the commissioner to inspect and copy business records.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.11. (a) A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131 and who makes, arranges, or services loans secured by real property containing one to four residential units, shall keep documents and records that will properly enable the commissioner to determine whether the residential mortgage brokerage, servicing, and lending functions performed by the broker comply with this division and with all applicable rules and orders made by the commissioner. These documents shall include, at a minimum, the documents described in Section 10148. Upon request of the commissioner, a real estate broker shall file an authorization for disclosure to the commissioner of financial records of the broker’s licensed business pursuant to Section 7473 of the Government Code. (b) Notwithstanding subdivision (a) of Section 10148, the business documents and records of real estate brokers described in subdivision (a) and real estate salespersons acting under those brokers are subject to inspection and examination or audit by the commissioner, at the commissioner’s discretion, after reasonable notice. That real estate broker or salesperson shall, upon request by the commissioner and within the time period specified in that request, allow the commissioner, or the commissioner’s authorized representative, to inspect and copy any business documents and records. The commissioner may suspend or revoke the license of the broker or salesperson if that person fails to produce documents or records within the time period specified in the request. (c) Inspection and examination or audit reports prepared by the commissioner’s duly designated representatives pursuant to this section are not public records. Those reports may be disclosed to the officers or directors of a licensee that is the subject of the report for the purpose of corrective action. That disclosure shall not operate as a waiver of the exemption specified in Section 7929.000 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 30. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  192. 10166.12.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    The commissioner must examine certain mortgage-related real estate brokers, may review records and interview covered persons, and may impose penalties and suspend or revoke licenses for nonpayment.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.12. (a) As often as the commissioner deems necessary and appropriate, the commissioner shall examine the affairs of each real estate broker who is required to notify the commissioner or obtain a license endorsement pursuant to Section 10166.02 for compliance with this part. These examinations shall also include a review of the affairs of all real estate brokers and real estate salespersons acting under the supervision of each real estate broker who is required to file reports with the department pursuant to Section 10166.07. The commissioner shall appoint suitable persons to perform these examinations. The commissioner and his or her appointees may examine the books, records, and documents of the licensee, and may examine the licensee’s officers, directors, employees, or agents under oath regarding the licensee’s operations. The commissioner may cooperate with any agency of the state or federal government, other states, agencies, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation. The commissioner may accept an examination conducted by one of these entities in place of an examination by the commissioner under this section, unless the commissioner determines that the examination does not provide information necessary to enable the commissioner to fulfill his or her responsibilities under this division. (b) The commissioner may impose a penalty against a real estate broker or real estate salesperson whose affairs are examined or reviewed pursuant to subdivision (a) based on the findings of the examination or review. The commissioner may suspend or revoke the license or license endorsement of a real estate broker or real estate salesperson who fails to pay that penalty. In addition, the commissioner may bring an action in an appropriate court of this state to collect payment of the penalty. (c) Penalties collected pursuant to subdivision (b) shall be deposited into the Consumer Recovery Account of the Real Estate Fund and shall, upon appropriation by the Legislature, be available for expenditure for the purposes specified in Chapter 6.5 (commencing with Section 10470). (d) The statement of the findings of an examination conducted pursuant to this section shall belong to the commissioner and shall not be disclosed to anyone other than the licensee, law enforcement officials, or other state or federal regulatory agencies for further investigation and enforcement. Reports required of licensees by the commissioner under this division and results of examinations performed by the commissioner under this division are the property of the commissioner. (Amended by Stats. 2011, Ch. 712, Sec. 8. (SB 706) Effective January 1, 2012.)
  193. 10166.13.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Certain real estate brokers must file special reports with the commissioner when the commissioner requires them.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.13. A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131 and who makes, arranges, or services loans secured by real property containing one to four residential units shall make any special reports to the commissioner that the commissioner may, from time to time, require. (Added by Stats. 2009, Ch. 160, Sec. 6. (SB 36) Effective October 11, 2009.)
  194. 10166.14.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

    Verify source ↗

    A real estate broker must notify the department when no longer subject to this part.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.14. A real estate broker shall notify the department when he or she is no longer subject to this part. If a broker has already made reports required by Sections 10166.07 and 10166.08 within the year, he or she shall continue reports for that year, but shall notify the department prior to the expiration of that year that he or she will no longer be subject to this part in the succeeding year. (Added by Stats. 2009, Ch. 160, Sec. 6. (SB 36) Effective October 11, 2009.)
  195. 10166.15.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    The commissioner must report certain violations and enforcement actions to the Nationwide Multistate Licensing System and Registry, set up a challenge process for mortgage loan originators, and may issue regulations on recordkeeping and penalties.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.15. (a) The commissioner shall regularly report violations of this article, as well as enforcement actions taken against any mortgage loan originator to whom an endorsement has been issued, and enforcement actions taken against any individual for failure to obtain an endorsement as a mortgage loan originator, to the Nationwide Multistate Licensing System and Registry. (b) The commissioner shall establish a process that may be used by mortgage loan originators to challenge information entered into the Nationwide Multistate Licensing System and Registry by the commissioner. (c) The commissioner is authorized to promulgate regulations specifying (1) the recordkeeping requirements that mortgage loan originators shall satisfy and (2) the penalties that shall apply to mortgage loan originators for violations of this article. (Amended by Stats. 2022, Ch. 511, Sec. 65. (SB 1495) Effective January 1, 2023.)
  196. 10166.16.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    Privacy and confidentiality protections for information sent to the Nationwide Multistate Licensing System and Registry generally continue after disclosure, but the commissioner may share information in specified arrangements.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.16. (a) Except as otherwise provided in Section 1512 of the SAFE Act, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to the Nationwide Multistate Licensing System and Registry, and any privilege arising under federal or state law, including the rules of any federal or state court, with respect to that information or material, shall continue to apply to the information or material after the information or material has been disclosed to the Nationwide Multistate Licensing System and Registry. The information and material may be shared with all state and federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or state law. (b) For these purposes, the commissioner is authorized to enter agreements or sharing arrangements with other governmental agencies, the Conference of State Bank Supervisors, the American Association of Residential Mortgage Regulators, or other associations representing governmental agencies as established by rule, regulation or order of the commissioner. (c) Information or material that is subject to a privilege or confidentiality under subdivision (a) shall not be subject to either of the following: (1) Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or an agency of the federal government or the state. (2) Subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Multistate Licensing System and Registry with respect to the information or material, the person to whom the information or material pertains waives, in whole or in part, in the discretion of the person, that privilege. (d) This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, mortgage loan originators that is included in the Nationwide Multistate Licensing System and Registry for access by the public. (Amended by Stats. 2022, Ch. 511, Sec. 66. (SB 1495) Effective January 1, 2023.)
  197. 10166.17.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. )

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    The commissioner must require mortgage loan originators to be licensed and registered through the Nationwide Multistate Licensing System and Registry.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses [10166.01 - 10166.17] ( Article 2.1 added by Stats. 2009, Ch. 160, Sec. 6. ) ## 10166.17. In addition to any other duties imposed upon the commissioner by law, the commissioner shall require mortgage loan originators to be licensed and registered through the Nationwide Multistate Licensing System and Registry. In order to carry out this requirement the commissioner is authorized to participate in the Nationwide Multistate Licensing System and Registry. For this purpose, the commissioner may establish by rule, regulation, or order, requirements as necessary, including, but not limited to, the following: (a) Background checks for the following: (1) Criminal history through fingerprint or other databases. (2) Civil or administrative records. (3) Credit history. (4) Any other information as deemed necessary by the Nationwide Multistate Licensing System and Registry. (b) The payment of fees to apply for or renew licenses through the Nationwide Multistate Licensing System and Registry. (c) The setting or resetting as necessary of renewal or reporting dates. (d) Requirements for amending or surrendering a license or any other activities as the commissioner deems necessary for participation in the Nationwide Multistate Licensing System and Registry. (Amended by Stats. 2022, Ch. 511, Sec. 67. (SB 1495) Effective January 1, 2023.)
  198. 10167.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.3. Prepaid Rental Listing Service [10167 - 10167.17] ( Article 2.3 added by Stats. 1980, Ch. 1051, Sec. 2. )

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    This section defines terms used in the prepaid rental listing service article.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.3. Prepaid Rental Listing Service [10167 - 10167.17] ( Article 2.3 added by Stats. 1980, Ch. 1051, Sec. 2. ) ## 10167. The definitions used in this section shall govern the construction and terms as used in this article: (a) “Prepaid rental listing service” means the business of supplying prospective tenants with listings of residential real properties for tenancy, by publication or otherwise, pursuant to an arrangement under which the prospective tenants are required to pay an advance or contemporaneous fee (1) specifically to obtain listings or (2) to purchase any other product or service in order to obtain listings, but which does not otherwise involve the negotiation of rentals by the person conducting the service. “Prepaid rental listing service” does not include the business of providing roommate referral information designed to assist persons in locating a roommate who meets various selection criteria related to the prospective roommate’s personal traits, characteristics, habits or preferences, and selection criteria related to the residential real property occupied by the prospective roommate. (b) “Licensee” means a person licensed to conduct a prepaid rental listing service or a person engaged in the business of a prepaid rental listing service under a real estate broker license. (c) “Location” means the place, other than the main or branch office of a real estate broker, where a prepaid rental listing service business is conducted. (d) “Designated agent” means the person who is in charge of the business of a prepaid rental listing service at a given location. (e) “Fee” means the charge required by a licensee (1) to obtain listings of residential real properties for tenancy or (2) to purchase any other product or service in order to obtain listings. (f) “Service charge” means the amount of the fee that a licensee may retain if a prospective tenant finds housing through a source other than the listings supplied by the licensee. (Amended by Stats. 2000, Ch. 473, Sec. 1. Effective January 1, 2001.)
  199. 10167.1.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.3. Prepaid Rental Listing Service [10167 - 10167.17] ( Article 2.3 added by Stats. 1980, Ch. 1051, Sec. 2. )

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    This article does not apply to a newspaper of general circulation.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.3. Prepaid Rental Listing Service [10167 - 10167.17] ( Article 2.3 added by Stats. 1980, Ch. 1051, Sec. 2. ) ## 10167.1. This article shall not apply to a newspaper of general circulation. (Added by Stats. 1980, Ch. 1051, Sec. 2. Effective September 26, 1980.)
  200. 10167.10.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.3. Prepaid Rental Listing Service [10167 - 10167.17] ( Article 2.3 added by Stats. 1980, Ch. 1051, Sec. 2. )

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    A licensee must refund fees in specified situations if the tenant does not get the required rental listings or obtains a rental outside the licensee’s services, subject to deadlines and a $50 service charge.

    ## Business and Professions Code - BPC ## DIVISION 4. REAL ESTATE [10000 - 11506] ( Division 4 added by Stats. 1943, Ch. 127. ) ## PART 1. LICENSING OF PERSONS [10000 - 10580] ( Part 1 added by Stats. 1943, Ch. 127. ) ## CHAPTER 3. Real Estate Regulations [10130 - 10249.93] ( Chapter 3 added by Stats. 1943, Ch. 127. ) ## ARTICLE 2.3. Prepaid Rental Listing Service [10167 - 10167.17] ( Article 2.3 added by Stats. 1980, Ch. 1051, Sec. 2. ) ## 10167.10. (a) (1) A licensee shall refund in full the fee paid by a prospective tenant if the licensee does not, within five days after execution of the contract, supply at least three rental properties then available to the prospective tenant and meeting the specifications of the contract, unless the prospective tenant obtains a rental through the services of the licensee. (2) A licensee will be deemed to have supplied information meeting the specifications of the prospective tenant if the information supplied meets the contract specifications with reference to: (i) type of structure; (ii) designated area; (iii) furnished or unfurnished; (iv) number of bedrooms; (v) maximum rental; and (vi) any other specification expressly set forth in the contract. A demand for the return of the fee shall be made by or on behalf of the prospective tenant within 10 days following the expiration of the five-day period referred to above by delivery or by mailing by registered or certified mail to the address of a location, or branch office of a real estate broker, set forth in the contract. (b) (1) Except as provided in paragraph (3), a licensee shall refund any fee paid over and above the sum of a fifty dollar ($50) service charge to the prospective tenant if the prospective tenant obtains a rental other than through the services of the licensee during the term of the contract or does not obtain a rental, provided that the prospective tenant demands a return of that part of the fee within 10 days after the expiration of the contract. (2) The licensee shall refund any fee paid over and above the sum of a fifty dollar ($50) service charge to the prospective tenant within 10 days of receipt from the prospective tenant of either the documentation specified in subparagraph (A) or the written statement specified in subparagraph (B), as applicable: (A) Except as specified in subparagraph (B), a prospective tenant demanding a refund shall provide to the licensee reasonable documentation of the prospective tenant’s new rental or of the fact that the prospective tenant did not move, such as a lease, rental agreement, or utility bill, with sufficient information to verify that the new rental was not obtained through the services of the licensee or that the prospective tenant did not move. (B) If the prospective tenant is unable to locate or provide the documentation specified in subparagraph (A), the prospective tenant may, at his or her option, fill out and sign a written statement, supplied by the licensee, in the following form: I, _____ (name of prospective tenant) _____ , do swear or affirm the following: I currently live at _____ (street address) _____ . The following statement is true (check one): _____ I have rented a unit at the above address. I did not obtain this rental through the services of _____ (name of licensee) _____ during the time of our contract. _____ I did not find a new rental and did not move. I still live at the above address. I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. _____ (date) _____ _____ _____ (location) _____ _____ _____ (signature) _____ _____ (3) On or after January 1, 2002, the department may, from time to time, by regulation, adjust the amount of the allowable service charge to reflect the rate of inflation from the previous date that the amount of the allowable service charge was established, as measured by the Consumer Price Index or other method of measuring the rate of inflation which the department determines is reliable and generally accepted. (c) Each contract shall contain provisions that shall read as follows unless different language shall have been approved in writing by the department prior to use: “RIGHT TO REFUND (Full capital letters, in 12-point type or greater, boldface or italicized) If, within five days after payment of a fee, the licensee has not supplied the prospective tenant with at least three available rental properties meeting the specifications of the contract as to (i) type of structure; (ii) designated area; (iii) furnished or unfurnished; (iv) number of bedrooms; (v) maximum rental; and (vi) any other specification expressly set forth in the contract, the full amount of the fee paid shall be refunded to the prospective tenant upon presentation of evidence of that failure within 10 days after the expiration of the five-day period. The prospective tenant is not entitled to a refund if the prospective tenant obtains a rental through the services of the licensee. If the prospective tenant obtains a rental other than through the services of the licensee during the term of this contract or if the prospective tenant does not obtain a rental through the services of the licensee during the term of the contract, the licensee shall refund the fee received in excess of a (insert applicable limit pursuant to subdivision (b) of Section 10167.10 of the Business and Professions Code) service charge to the prospective tenant within 10 days after the prospective tenant supplies either (i) reasonable documentation of the prospective tenant’s new rental or of the fact that the prospective tenant did not move, such as a lease, rental agreement, or utility bill, with sufficient information to verify that the new rental was not obtained through the services of the licensee or that the prospective tenant did not move, or (ii) if the prospective tenant is unable to locate or provide that documentation, the prospective tenant may, at his or her option, fill out a written form provided by the licensee and signed by the prospective tenant under penalty of perjury stating that he or she did not obtain a rental through the services of the licensee during the time of the contract. To be entitled to a refund in excess of the service charge, the prospective tenant must mail or deliver the demand for refund not later than 10 days after expiration of this contract, and must supply either (i) reasonable documentation of the prospective tenant’s new rental or of the fact that the prospective tenant did not move, such as a lease, rental agreement, or utility bill, with sufficient information to verify that the new rental was not obtained through the services of the licensee or that the prospective tenant did not move, or (ii) a written form provided by the licensee and signed by the prospective tenant under penalty of perjury stating that he or she did not obtain a rental through the services of the licensee during the time of the contract. The documentation may be supplied after the demand for a refund is mailed or delivered, provided that it is supplied within a reasonable time after it becomes available.” (d) This section shall not apply to a person purchasing rental information for a purpose other than that of locating a rental unit for personal use or the use of a designated person. (e) If the licensee fails to make a refund as provided in this section and if the denial or delay in making the refund is found to have been done in bad faith, a court of appropriate jurisdiction, including a small claims court, shall be empowered to award damages to the plaintiff in an amount not to exceed one thousand dollars ($1,000) in addition to actual damages sustained by the plaintiff. If the licensee refuses or is unable to pay the damages awarded by the court, the award may be satisfied out of the security required under Section 10167.7. (Amended by Stats. 2000, Ch. 473, Sec. 6. Effective January 1, 2001.)

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