reglab/housing_qa huggingface dataset:
CA Bus & Prof Code § 10018.14 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10018.14.

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.)
CA Bus & Prof Code § 10018.15 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10018.15.

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.)
CA Bus & Prof Code § 10018.16 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10018.16.

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.)
CA Bus & Prof Code § 10018.17 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10018.17.

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.)
CA Bus & Prof Code § 10023 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10023.

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.)
CA Bus & Prof Code § 10024 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10024.

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.)
CA Bus & Prof Code § 10026 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10026.

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.)
CA Bus & Prof Code § 10027 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10027.

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.)
CA Bus & Prof Code § 10028 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10028.

10028.  “Trust deed” or “deed of trust” as used in this part includes “mortgage.”(Added by Stats. 1961, Ch. 886.)
CA Bus & Prof Code § 10029 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10029.

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.)
CA Bus & Prof Code § 10030 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10030.

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.)
CA Bus & Prof Code § 10032 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10032.

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.)
CA Bus & Prof Code § 10035 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 1 - General Provisions|Section 10035.

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.)
CA Bus & Prof Code § 10470 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 6.5 - Real Estate Recovery Program|Section 10470.

10470.  If, on June 30 of any year, the balance remaining in the Consumer Recovery Account in the Real Estate Fund is less than two hundred thousand dollars ($200,000), every licensed broker, when obtaining or renewing any broker license within four years thereafter, shall pay, in addition to the license fee, a fee of seven dollars ($7); every licensed salesperson, when obtaining or renewing such license within four years thereafter, shall pay, in addition to the license fee, a fee of four dollars ($4); and every person holding a prepaid rental listing service license, when obtaining or renewing that license within two years thereafter, shall pay, in addition to the application fee, a fee of one dollar ($1). The fees from the broker, salesperson, and prepaid rental listing service licensees shall be paid into the State Treasury and credited to the Consumer Recovery Account.(Amended by Stats. 2013, Ch. 436, Sec. 6. (SB 269) Effective January 1, 2014.)
CA Bus & Prof Code § 10470.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 6.5 - Real Estate Recovery Program|Section 10470.1.

10470.1.  (a) In addition to the amount paid into the Consumer Recovery Account as set forth in Section 10450.6, the Real Estate Commissioner may authorize the transfer from the Real Estate Fund to the Consumer Recovery Account of any amounts as are deemed necessary.(b) If the balance remaining in the Consumer Recovery Account contains more than four hundred thousand dollars ($400,000), the commissioner may authorize the transfer of all or part of the surplus amount into the Real Estate Fund.(c) The commissioner may authorize the return to the Consumer Recovery Account of all or any amount previously transferred to the Real Estate Fund under this section.(Amended by Stats. 2011, Ch. 712, Sec. 17. (SB 706) Effective January 1, 2012.)
CA Bus & Prof Code § 10471.2 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 6.5 - Real Estate Recovery Program|Section 10471.2.

10471.2.  (a) If the commissioner determines that the application as submitted by the claimant fails to comply substantially with the requirements of Section 10471 or with the requirements of a regulation adopted by the commissioner under authority of Section 10080, the commissioner shall, within 15 days after receipt of the application, mail an itemized list of deficiencies to the claimant.(b) The time within which the commissioner is required to act under Section 10471.3 shall be measured from the date of receipt by the department of an application that is substantially complete. In the event of an irreconcilable dispute between the claimant and the commissioner on the question of whether the application is substantially complete, the claimant may immediately file the claim with the court pursuant to Section 10472.(Added by Stats. 1985, Ch. 690, Sec. 3. Operative January 1, 1987, by Sec. 5 of Ch. 690.)
CA Bus & Prof Code § 10471.3 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 6.5 - Real Estate Recovery Program|Section 10471.3.

10471.3.  (a) The commissioner shall render a final written decision on the application within 90 days after a completed application has been received unless the claimant agrees in writing to extend the time within which the commissioner may render a decision.(b) The commissioner may deny or grant the application or may enter into a compromise with the claimant to pay less in settlement than the full amount of the claim. If the claimant refuses to accept a settlement of the claim offered by the commissioner, the written decision of the commissioner shall be to deny the claim or it shall be deemed denied if a written decision is not rendered within the time specified in subdivision (a). Evidence of settlement offers and discussions between the commissioner and the claimant shall not be competent evidence in judicial proceedings undertaken by the claimant pursuant to Section 10472.(Amended by Stats. 2011, Ch. 712, Sec. 20. (SB 706) Effective January 1, 2012.)
CA Bus & Prof Code § 10471.4 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 6.5 - Real Estate Recovery Program|Section 10471.4.

10471.4.  In its consideration and investigation of an application, the department shall have recourse to all appropriate means of investigation and discovery available to it under Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.(Added by Stats. 1985, Ch. 690, Sec. 3. Operative January 1, 1987, by Sec. 5 of Ch. 690.)
CA Bus & Prof Code § 10471.5 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 6.5 - Real Estate Recovery Program|Section 10471.5.

10471.5.  (a) The commissioner shall give notice of a decision rendered with respect to the application to the claimant and to a judgment debtor who has filed a timely response to the application in accordance with Section 10471.1.(b) If the application is denied, the notice to the claimant and judgment debtor shall include the following:“Claimant’s application has been denied. If the claimant wishes to pursue the application in court, the claimant must file the application as follows in a superior court of this state not later than six months after receipt of this notice, pursuant to Section 10472 of the Business and Professions Code. If the underlying judgment is a California state court judgment, the application shall be filed in the court in which the underlying judgment was entered. If the underlying judgment is a federal court judgment, the application shall be filed in the superior court of any county within California that would have been a proper venue if the underlying lawsuit had been filed in a California state court, or in the Superior Court of the County of Sacramento.”(c) If the decision of the commissioner is to make a payment to the claimant out of the Consumer Recovery Account, the following notice shall be given to the judgment debtor along with a copy of the decision of the commissioner:“The decision of the Real Estate Commissioner on the application of ____ is to pay $____ from the Consumer Recovery Account. A copy of that decision is enclosed.“Pursuant to Section 10475 of the Business and Professions Code, all of your licenses and license rights under the Real Estate Law will be suspended effective on the date of the payment, and you will not be eligible for reinstatement of any license issued under authority of the Real Estate Law until you have reimbursed the Consumer Recovery Account for this payment plus interest at the prevailing legal rate.”“If you desire a judicial review of the suspension of your licenses and license rights, you may petition the superior court for a writ of mandamus. If the underlying judgment is a California state court judgment, the petition shall be filed in the court in which the judgment was entered. If the underlying judgment is a federal court judgment, the petition shall be filed in the superior court of any county within California that would have been a proper venue if the underlying lawsuit had been filed in a California state court, or in the Superior Court of the County of Sacramento. To be timely, the petition must be filed with the court within 30 days of receipt of this notice.”(Amended by Stats. 2011, Ch. 712, Sec. 21. (SB 706) Effective January 1, 2012.)
CA Bus & Prof Code § 10471.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 6.5 - Real Estate Recovery Program|Section 10471.6.

10471.6.  If, at any time prior to the rendering of a decision on an application, the commissioner makes a preliminary determination that the aggregate valid applications of all aggrieved persons against that licensee are likely to exceed the limits of liability in Section 10474, the commissioner shall, in lieu of further administrative proceedings, initiate a proration proceeding pursuant to Section 10474.5 in a superior court of any county in this state that would be a proper court for the filing of a denied application or writ of mandamus pursuant to Section 10471.5.(Amended by Stats. 2001, Ch. 389, Sec. 7. Effective January 1, 2002.)
CA Bus & Prof Code § 10472 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 6.5 - Real Estate Recovery Program|Section 10472.

10472.  (a) A claimant against whom the commissioner has rendered a decision denying an application pursuant to Section 10471 may, within six months after the mailing of the notice of the denial, file a verified application in superior court for an Order Directing Payment Out of the Consumer Recovery Account based upon the grounds set forth in the application to the commissioner. If the underlying judgment is a California state court judgment, the application shall be filed in the court in which the underlying judgment was entered. If the underlying judgment is a federal court judgment, the application shall be filed in the superior court of any county within California that would have been a proper venue if the underlying lawsuit had been filed in a California state court, or in the Superior Court of the County of Sacramento.(b) A copy of the verified application shall be served upon the commissioner and upon the judgment debtor. A certificate or affidavit of service shall be filed by the claimant with the court. Service on the commissioner may be made by certified mail addressed to the headquarters office of the bureau. Service upon a judgment debtor may be made in accordance with Section 10471.1. The notice served upon the judgment debtor shall read as follows:“NOTICE: An application has been filed with the court for a payment from the Consumer Recovery Account that was previously denied by the Real Estate Commissioner.“If the Bureau of Real Estate makes a payment from the Consumer Recovery Account pursuant to court order, all of your licenses and license rights under the Real Estate Law will be automatically suspended until the Consumer Recovery Account has been reimbursed for the amount paid plus interest at the prevailing rate.“If you wish to defend in court against this application, you must file a written response with the court within 30 days after having been served with a copy of the application. If you do not file a written response, you will have waived your right to defend against the application.”(Amended by Stats. 2013, Ch. 352, Sec. 34. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
CA Bus & Prof Code § 10472.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 6.5 - Real Estate Recovery Program|Section 10472.1.

10472.1.  (a) The commissioner and the judgment debtor shall each have 30 days after being served with the application in which to file a written response. The court shall thereafter set the matter for hearing upon the petition of the claimant. The court shall grant a request of the commissioner for a continuance of as much as 30 days and may, upon a showing of good cause by any party, continue the hearing as the court deems appropriate.(b) The claimant shall have the burden of proving compliance with the requirements of Section 10471 by competent evidence at an evidentiary hearing. The claimant shall be entitled to a de novo review of the merits of the application as contained in the administrative record.(c) If the judgment debtor fails to file a written response to the application, the application may be compromised or settled by the commissioner at any time during the court proceedings and the court shall, upon joint petition of the claimant and the commissioner, issue an order directing payment out of the Consumer Recovery Account.(Amended by Stats. 2011, Ch. 712, Sec. 23. (SB 706) Effective January 1, 2012.)