reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10131.4.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10131.45.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10131.5.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10131.6.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10133.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10133.15.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10133.2.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10133.3.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10133.35.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10133.4.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10133.45.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10133.5.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10135.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10136.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10137.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10137.1.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10138.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10139.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10140.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10140.5.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10140.6.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10141.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10141.5.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10141.6.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10142.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10143.5.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10144.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10146.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10147.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10147.5.

10147.5. (a) Any printed or form agreement which initially establishes, or is intended to establish, or alters the terms of any agreement which 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) The amount or rate of compensation shall not be printed in any such agreement.
(c) Nothing in this section shall affect the validity of a transfer of title to real property.
(d) 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. 1980, Ch. 96, Sec. 1. Effective May 16, 1980. Operative July 1, 1980, by Sec. 2 of Ch. 96.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10147.6.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10148.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 1 - Scope of Regulation › Section 10149.

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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 2 - Licenses › Section 10150.

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.)