reglab/housing_qa huggingface dataset:
CA Bus & Prof Code § 10215 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 4 - Fees|Section 10215.

10215.  (a) The fee for a real estate salesperson license shall not exceed two hundred forty-five dollars ($245), except that for an applicant qualifying pursuant to Section 10153.4 who has not satisfied all of the educational requirements prior to issuance of the license, the fee shall not exceed two hundred seventy-five dollars ($275).In the case of an original applicant, the fee is payable upon filing the real estate salesperson license application.(b) If an applicant fails to pass the real estate salesperson license examination within two years from the date of filing his or her salesperson license application, his or her salesperson license application shall lapse and no further proceedings thereon shall be taken.(c) This section shall remain in effect unless it is superseded pursuant to Section 10226 or subdivision (a) of Section 10226.5, whichever is applicable.(Amended by Stats. 2004, Ch. 676, Sec. 5. Effective January 1, 2005. Note: Fee is subject to reduction as prescribed in Sections 10226 and 10226.5.)
CA Bus & Prof Code § 10222 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 4 - Fees|Section 10222.

10222.  For any examination required under any order issued pursuant to the provisions of the Administrative Procedure Act, the fee shall be the same as for a salesperson or broker license examination, as appropriate.(Amended (as amended by Stats. 1996, Ch. 342, Sec. 15) by Stats. 1997, Ch. 232, Sec. 14. Effective January 1, 1998.)
CA Bus & Prof Code § 10225 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 4 - Fees|Section 10225.

10225.  An application for a permit to sell real property securities secured by liens on real property situated outside the State of California shall be accompanied by the filing fee together with an amount equivalent to twenty-five cents ($0.25) a mile for each mile going and returning, or where public transportation is available the actual round trip fare pertaining thereto, estimated by the commissioner to be traveled from the office of the Department of Real Estate where the application is filed to the location of the property, and the amount estimated to be necessary to cover the expense of the inspection and appraisal of the property, not to exceed seventy-five dollars ($75) a day for each day actually spent in the inspection and appraisal of the property or properties.(Amended by Stats. 1985, Ch. 1355, Sec. 1.)
CA Bus & Prof Code § 10226 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 4 - Fees|Section 10226.

10226.  (a) The commissioner may periodically by regulation prescribe fees lower than the maximum fees provided in Sections 10209.5, 10210, 10214.5, 10215, and 10250.3 whenever he or she determines those lower fees are sufficient to offset the costs and expenses incurred in the administration of Part 1 (commencing with Section 10000) of this division. The commissioner shall hold at least one regulation hearing each calendar year, to determine if lower fees should be prescribed.(b) If, as of June 30 of any fiscal year, the balance of funds in the Real Estate Fund exceeds an amount equal to 150 percent of the department’s authorized budget for the following year, then within 30 days thereafter the commissioner shall, notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), issue regulations reducing real estate license and subdivision fees so that as of June 30 of the next fiscal year the balance of funds in the Real Estate Fund shall not exceed an amount equal to 150 percent of the department’s authorized budget for that year.(c) If the commissioner fails to reduce these fees within the timeframe specified in subdivision (b), then fees shall automatically be reduced to the levels as indicated in subdivision (b) of Section 10226.5. That reduction shall be effective no later than September 1 of the fiscal year wherein the commissioner is obliged to issue regulations pursuant to subdivision (b).(Amended by Stats. 2004, Ch. 676, Sec. 6. Effective January 1, 2005.)
CA Bus & Prof Code § 10230 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10230.

10230.  (a) The provisions of this article do not apply to the negotiation of a loan by or on behalf of a real estate broker in connection with a qualifying sale or exchange of real property in which the broker acted as the agent of one or more of the parties to the sale or exchange, nor to the sale or exchange by or on behalf of the broker of a promissory note created for the purpose of financing a qualifying real property sale or exchange transaction in which the broker acted as the agent of one or more of the parties to the qualifying real property sale or exchange regardless of the time of the sale or exchange of the promissory note. For the purposes of this subdivision, a “qualifying” sale or exchange of real property is one that is subject to the requirements of Article 3 (commencing with Section 2956) of Chapter 2 of Title 14 of Part 4 of Division 3 of the Civil Code.(b) Subdivision (a) shall not apply to the negotiation of loans nor to sales or exchanges of promissory notes in connection with the financing of a real property sale or exchange transaction in which the broker had a direct or indirect monetary interest as a party.(Amended by Stats. 1998, Ch. 641, Sec. 2. Effective January 1, 1999.)
CA Bus & Prof Code § 10231 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10231.

10231.  Except as authorized by permit issued pursuant to the applicable provisions of the Corporate Securities Law of 1968 (Section 25000 et seq. of the Corporations Code), no person in doing any of the acts set forth in subdivision (d) of Section 10131, subdivision (e) of Section 10131, and Section 10131.1 shall accept any purchase or loan funds or other consideration from a prospective purchaser or lender, or directly or indirectly cause such funds or other consideration to be deposited in an escrow except as to a specific loan or a specific real property sales contract or promissory note secured directly or collaterally by a lien on real property on which loan, contract or note the person has a bona fide authorization to negotiate or to sell or which has been bought and completely paid for by the licensee, or has an unconditional written contract which obligates him to purchase a specific real property sales contract or promissory note secured directly or collaterally by a deed of trust.(Amended by Stats. 1998, Ch. 641, Sec. 3. Effective January 1, 1999.)
CA Bus & Prof Code § 10231.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10231.1.

10231.1.  No person in doing any of the acts set forth in subdivision (d) of Section 10131, subdivision (e) of Section 10131, and Section 10131.1 shall, as agent or principal, retain funds payable according to the terms of a promissory note or real property sales contract secured directly or collaterally by a lien on real property, for a period longer than 25 days, except pursuant to a written agreement with the purchaser or lender.(Amended by Stats. 1998, Ch. 641, Sec. 4. Effective January 1, 1999.)
CA Bus & Prof Code § 10231.2 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10231.2.

10231.2.  (a) A real estate broker who, through express or implied representations that the broker or any salesperson acting on the broker’s behalf is engaging in acts for which a real estate license is required by subdivision (d) or (e) of Section 10131, proposes to solicit and accept funds, or to cause the solicitation and acceptance of funds, to be applied to a purchase or loan transaction in which the broker will directly or indirectly obtain the use or benefit of the funds other than for commissions, fees, and costs and expenses as provided by law for the broker’s services as an agent, shall, prior to the making of any representation, solicitation, or presentation of the statement described in subdivision (b), submit the following to the Department of Real Estate:(1) A true copy of the statement described in subdivision (b) complete except for the signature of the prospective lender or purchaser.(2) A statement that the submittal is being made to the department pursuant to Section 10231.2.(b) A broker making a solicitation pursuant to subdivision (a) shall deliver, or cause to be delivered, to the person solicited, the applicable completed statement described in Section 10232.5 not less than 24 hours before the earlier of the acceptance of any funds from that person by or on behalf of the broker or the execution of any instrument obligating the person to make the loan or purchase. The statement shall be signed by the prospective lender or purchaser and by the real estate broker or, on the broker’s behalf, by a real estate salesperson licensed to the broker. When so executed, an exact copy of the executed statement shall be given to the prospective lender or purchaser, and the broker shall retain a true copy of the executed statement for a period of four years.(c) None of the provisions of subdivision (a) or (b) shall apply in the case of an offering of a security authorized pursuant to applicable provisions of the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code).(d) In the case of a solicitation by a corporate real estate broker, the provisions of subdivisions (a) and (b) shall apply if the funds solicited are intended for the direct or indirect use or benefit of an officer or director of the corporation or of a person with a 10-percent or greater ownership interest in the corporation.(Amended by Stats. 2021, Ch. 431, Sec. 20. (SB 800) Effective January 1, 2022.)
CA Bus & Prof Code § 10232.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10232.1.

10232.1.  (a) A real estate broker, prior to the use of any proposed advertisement in connection with the conduct of activities described in subdivisions (d) and (e) of Section 10131 and Section 10131.1, may submit a true copy thereof to the Department of Real Estate for approval. The submission shall be accompanied by a fee of not more than forty dollars ($40). The commissioner shall by regulation prescribe the amount of the fee. If disapproval of the proposed advertisement is not communicated by the department to the broker within 15 calendar days after receipt of the copy of the proposed advertisement by the department, the proposed advertisement shall be deemed approved, but the department shall not be precluded from disapproving a later publication or other use of the same or similar advertising.The commissioner shall adopt regulations pertaining to the submittal and clearance of that advertising and establishing criteria for approval to ensure that the public will be protected against false or misleading representations.Except as provided in subdivision (b), “advertisement” includes dissemination in any newspaper, circular, form letter, brochure or similar publication, display, sign, radio broadcast or telecast, which concerns (1) the use, terms, rates, conditions, or the amount of any loan or sale referred to in subdivisions (d) and (e) of Section 10131 or Section 10131.1 or (2) the security, solvency, or stability of any person carrying on the activities described in those sections.(b) “Advertisement” does not include a letter or brochure that meets both of the following criteria:(1) It is restricted in distribution to other real estate brokers and to persons for whom the broker has previously acted as an agent in arranging a loan secured by real property or in the purchase, sale, or exchange of a deed of trust or real property sales contract.(2) It is restricted in content to the identification and a description of the terms of loans, mortgages, deeds of trust, real property sales contracts, or any combination thereof offered for funding or purchase through the broker as agent.(c) Subdivision (a) is not applicable to advertising that is used exclusively in connection with an offering authorized by permit issued pursuant to the applicable provisions of the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code).(d) All advertising approvals shall be for a period of five years after the date of approval. The approval period applies to all advertising, including that which was previously submitted on a mandatory basis.(Amended by Stats. 2021, Ch. 431, Sec. 21. (SB 800) Effective January 1, 2022.)
CA Bus & Prof Code § 10232.45 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10232.45.

10232.45.  (a) Any broker subject to the provisions of Section 10232.3 or Article 6 (commencing with Section 10237) shall make reasonable efforts to ensure all of the following with respect to the offer or sale of notes or interest in notes to be secured by a lien on real property or a business opportunity:(1) All persons to whom notes or interests are sold can be reasonably assumed to have the capacity to understand the fundamental aspects of the investment, by reason of their educational, business, or financial experience.(2) All persons to whom notes or interests are sold can bear the economic risk of the investment.(3) The investment in the notes or interests is suitable and appropriate for the purchaser, given the purchaser’s investment objectives, portfolio structure, and financial situation.(b) A broker shall make this determination on the basis of information he or she obtains from the purchaser. Relevant information for this purpose includes, at least, the age, investment objective, investment experience, income, net worth, financial situation, and other investments of the prospective purchaser, as well as any other pertinent factors the commissioner shall establish through regulation.(c) A broker shall maintain records of the information used to determine that an investment is suitable and appropriate for each purchaser and shall retain these records for at least four years.(d) A broker that complies with all of the following shall be deemed to have complied with subdivision (a):(1) Obtains from each person to whom notes and deeds of trust or interests therein are offered or sold, at least two business days and not more than one year prior to completing each sale, a completed investor questionnaire in a form approved by the commissioner. After obtaining an initial questionnaire, any subsequent questionnaire from the same person need only reflect any updates from the immediately preceding questionnaire obtained by the broker.(2) Uses the responses in that questionnaire as an aid in complying with subdivision (a).(e) Nothing in this section shall be construed to require a broker to utilize an investor questionnaire to ensure compliance with subdivision (a). Reliance of a broker on an investor questionnaire in a form approved by the commissioner shall not prohibit that broker from utilizing additional information to ensure compliance with subdivision (a).(Amended by Stats. 2015, Ch. 263, Sec. 2. (SB 647) Effective January 1, 2016.)
CA Bus & Prof Code § 10232.6 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10232.6.

10232.6.  (a) A real estate broker, acting within the course and scope of his or her license, who arranges for or engages the services of an appraiser licensed or certified by the Office of Real Estate Appraisers for the applicable transaction, and delivers the resulting appraisal to the prospective lender and prospective purchaser as required by Section 10232.5, has met the broker’s obligation of full and complete disclosure solely pursuant to paragraph (2) of subdivision (a) of Section 10232.5 and paragraph (2) of subdivision (b) of Section 10232.5, and is not required to provide a separate estimate of fair market value under Section 10232.5.(b) This section shall not apply in instances where the licensed or certified appraiser is an employee of the broker. However, the duty of disclosure shall not be deemed met where the broker knew or should have known that the referral was negligently made or that the fair market value provided by the appraiser was inaccurate.(c) Nothing in this section is intended to relieve the broker of any obligation or requirement to disclose what he or she knows about the value of the property.(d) This section shall apply only to loan transactions and shall have no effect on a real estate broker’s duties of disclosure in purchase or sales transactions.(Amended by Stats. 1996, Ch. 439, Sec. 1. Effective September 12, 1996.)
CA Bus & Prof Code § 10233 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10233.

10233.  A real estate licensee who undertakes to service a promissory note secured directly or collaterally by a lien on real property or a real property sales contract shall comply with each of the following requirements:(a) The licensee shall have a written authorization from the borrower, the lender, or the owner of the note or contract, that is included within the terms of a written servicing agreement that satisfies the requirements of paragraphs (1), (2), (4), and (5) of subdivision (k) of Section 10238.(b) The licensee shall provide the lender or the owner of the note or contract with at least the following accountings:(1) An accounting of the unpaid principal balance at the end of each year.(2) An accounting of collections and disbursements received and made during each year.(3) Each accounting required under this subdivision shall identify the person who holds the original note or contract and the deed of trust evidencing and securing the debt or obligation for which the accounting has been provided.(c) The licensee shall provide to the lender or the owner of the note or contract written notification within 15 days of the occurrence of any of the following events:(1) The recording of a notice of default.(2) The recording of a notice of trustee’s sale.(3) The receipt of any payment constituting an amount greater than or equal to five monthly payments, together with a request for partial or total reconveyance of the real property, in which case the notice shall also indicate any further transfer or delivery instructions.(4) The delinquency of any installment or other obligation under the note or contract for over 30 days.(Amended by Stats. 2005, Ch. 153, Sec. 2. Effective January 1, 2006.)
CA Bus & Prof Code § 10233.1 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10233.1.

10233.1.  If a real estate broker in servicing a real property sales contract or a promissory note secured directly or collaterally by a lien on real property for the mortgagee, beneficiary, or owner of the note or contract, causes funds other than funds received from the obligor of the note or contract to be applied toward a payment to protect the security of the note or contract being serviced, including the payment of debt service on an obligation secured by the same real property having priority over the mortgage or deed of trust securing the promissory note that the broker is servicing, the broker shall, not later than 10 days after making any such payment, give written notice to the mortgagee, beneficiary, or owner of the date and amount of payment, the name of the person to whom payment was made, the source of funds, and the reason for making the payment.(Added by Stats. 1982, Ch. 881, Sec. 5.)
CA Bus & Prof Code § 10233.2 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 4 - REAL ESTATE|PART 1 - LICENSING OF PERSONS|CHAPTER 3 - Real Estate Regulations|ARTICLE 5 - Transactions in Trust Deeds and Real Property Sales Contracts|Section 10233.2.

10233.2.  For the purposes of Division 3 (commencing with Section 3101) and Division 9 (commencing with Section 9101) of the Commercial Code, when a broker, acting within the meaning of subdivision (d) or (e) of Section 10131 or Section 10131.1, has arranged a loan or sold a promissory note or any interest therein, and thereafter undertakes to service the promissory note on behalf of the lender or purchaser in accordance with Section 10233, delivery, transfer, and perfection shall be deemed complete even if the broker retains possession of the note or collateral instruments and documents, provided that the deed of trust or an assignment of the deed of trust or collateral documents in favor of the lender or purchaser is recorded in the office of the county recorder in the county in which the security property is located, and the note is made payable to the lender or is endorsed or assigned to the purchaser.(Added by Stats. 1992, Ch. 158, Sec. 1. Effective January 1, 1993.)