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 3 - Disciplinary Action › Section 10175.2.

10175.2. (a) If the Real Estate Commissioner determines that the public interest and public welfare will be adequately served by permitting a real estate licensee to pay a monetary penalty to the department in lieu of an actual license suspension, the commissioner may, on the petition of the licensee, stay the execution of all or some part of the suspension on the condition that the licensee pay a monetary penalty and the further condition that the licensee incur no other cause for disciplinary action within a period of time specified by the commissioner.
(b) The commissioner may exercise the discretion granted under subdivision (a) either with respect to a suspension ordered by a decision after a contested hearing on an accusation against the licensee or by stipulation with the licensee after the filing of an accusation, but prior to the rendering of a decision based upon the accusation. In either case, the terms and conditions of the disciplinary action against the licensee shall be made part of a formal decision of the commissioner.
(c) If a licensee fails to pay the monetary penalty in accordance with the terms and conditions of the decision of the commissioner, the commissioner may, without a hearing, order the immediate execution of all or any part of the stayed suspension in which event the licensee shall not be entitled to any repayment nor credit, prorated or otherwise, for money paid to the department under the terms of the decision.
(d) The amount of the monetary penalty payable under this section shall not exceed two hundred fifty dollars ($250) for each day of suspension stayed nor a total of ten thousand dollars ($10,000) per decision regardless of the number of days of suspension stayed under the decision.
(e) Any monetary penalty received by the department pursuant to this section shall be credited to the Consumer Recovery Account of the Real Estate Fund.
(Amended by Stats. 2011, Ch. 712, Sec. 9. (SB 706) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10176.5.

10176.5. (a) The commissioner may, upon his or her own motion, and shall upon receiving a verified complaint in writing from any person, investigate an alleged violation of Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code by any real estate licensee within this state. The commissioner may suspend or revoke a licensee’s license if the licensee acting under the license has willfully or repeatedly violated any of the provisions of Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code.
(b) Notwithstanding any other provision of Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code, and in lieu of any other civil remedy, subdivision (a) of this section is the only remedy available for violations of Section 1102.6b of the Civil Code by any real estate licensee within this state.
(Amended by Stats. 1992, Ch. 772, 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 3 - Disciplinary Action › Section 10177.1.

10177.1. The commissioner may, without a hearing, suspend the license of any person who procured the issuance of the license to himself by fraud, misrepresentation, deceit, or by the making of any material misstatement of fact in his application for such license.
The power of the commissioner under this section to order a suspension of a license shall expire 90 days after the date of issuance of said license and the suspension itself shall remain in effect only until the effective date of a decision of the commissioner after a hearing conducted pursuant to Section 10100 and the provisions of this section.
A statement of issues as defined in Section 11504 of the Government Code shall be filed and served upon the respondent with the order of suspension. Service by certified or registered mail directed to the respondent’s current address of record on file with the commissioner shall be effective service.
The respondent shall have 30 days after service of the order of suspension and statement of issues in which to file with the commissioner a written request for hearing on the statement of issues filed against him. The commissioner shall hold a hearing within 30 days after receipt of the request therefor unless the respondent shall request or agree to a continuance thereof. If a hearing is not commenced within 30 days after receipt of the request for hearing or on the date to which continued with the agreement of respondent, or if the decision of the commissioner is not rendered within 30 days after completion of the hearing, the order of suspension shall be vacated and set aside.
A hearing conducted under this section shall in all respects, except as otherwise expressly provided herein, conform to the substantive and procedural provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code applicable to a hearing on a statement of issues.
(Amended by Stats. 1972, Ch. 214.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10177.2.

10177.2. The commissioner may, upon his or her own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any licensee, and he or she may suspend or revoke a real estate license at any time where the licensee in performing or attempting to perform any of the acts within the scope of Section 10131.6 has been guilty of any of the following acts:
(a) Has used a false or fictitious name, knowingly made any false statement, or knowingly concealed any material fact, in any application for the registration of a mobilehome, or otherwise committed a fraud in that application.
(b) Failed to provide for the delivery of a properly endorsed certificate of ownership or certificate of title of a mobilehome from the seller to the buyer thereof.
(c) Has knowingly participated in the purchase, sale, or other acquisition or disposal of a stolen mobilehome.
(d) Has submitted a check, draft, or money order to the Department of Housing and Community Development for any obligation or fee due the state and it is thereafter dishonored or refused payment upon presentation.
(Amended by Stats. 1996, Ch. 812, Sec. 1. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10177.3.

10177.3. (a) No licensee shall knowingly or intentionally misrepresent the value of real property.
(b) No licensee that offers or provides an opinion of value of residential real property that is used as the basis for the origination of a mortgage loan shall have a prohibited interest in that property, within the meaning of Section 226.42(d) of Title 12 of the Code of Federal Regulations and the accompanying commentary contained in Volume 75 of the Federal Register, page 66554, dated October 28, 2010.
(Added by Stats. 2011, Ch. 716, Sec. 2. (SB 6) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10177.4.

10177.4. (a) Notwithstanding any other provision of law, the commissioner may, after hearing in accordance with this part relating to hearings, suspend or revoke the license of a real estate licensee who claims, demands, or receives a commission, fee, or other consideration, as compensation or inducement, for referral of customers to any escrow agent, structural pest control firm, home protection company, title insurer, controlled escrow company, or underwritten title company. A licensee may not be disciplined under any provision of this part for reporting to the commissioner violations of this section by another licensee, unless the licensee making the report had guilty knowledge of, or committed or participated in, the violation of this section.
(b) The term “other consideration” as used in this section does not include any of the following:
(1) Bona fide payments for goods or facilities actually furnished by a licensee or for services actually performed by a licensee, provided these payments are reasonably related to the value of the goods, facilities, or services furnished.
(2) Furnishing of documents, services, information, advertising, educational materials, or items of a like nature that are customary in the real estate business and that relate to the product or services of the furnisher and that are available on a similar and essentially equal basis to all customers or the agents of the customers of the furnisher.
(3) Moderate expenses for food, meals, beverages, and similar items furnished to individual licensees or groups or associations of licensees within a context of customary business, educational, or promotional practices pertaining to the business of the furnisher.
(4) Items of a character and magnitude similar to those in paragraphs (2) and (3) that are promotional of the furnisher’s business customary in the real estate business, and available on a similar and essentially equal basis to all customers, or the agents of the customers, of the furnisher.
(c) Nothing in this section shall relieve any licensee of the obligation of disclosure otherwise required by this part.
(Amended by Stats. 1997, Ch. 718, Sec. 2. Effective January 1, 1998.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10177.5.

10177.5. When a final judgment is obtained in a civil action against any real estate licensee upon grounds of fraud, misrepresentation, or deceit with reference to any transaction for which a license is required under this division, the commissioner may, after hearing in accordance with the provisions of this part relating to hearings, suspend or revoke the license of such real estate licensee.
(Amended by Stats. 1953, Ch. 762.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10177.6.

10177.6. When an agent undertakes to arrange financing in connection with a sale, lease, or exchange of real property, or when a person or entity arranging financing in connection with the sale, lease, or exchange of real property undertakes to act as an agent with respect to that property, that agent, person, or entity shall, within 24 hours, make a written disclosure of those roles to all parties to the sale, lease, or exchange, and any related loan transaction. For purposes of this section, “agent” has the same meaning as defined in subdivision (a) of Section 2079.13 of the Civil Code.
(Added by Stats. 2008, Ch. 286, Sec. 3. Effective January 1, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10178.

10178. When any real estate salesperson is discharged by his or her responsible broker for a violation of any of the provisions of this article prescribing a ground for disciplinary action, a certified written statement of the facts with reference thereto shall be filed forthwith with the commissioner by the responsible broker, and if the responsible broker fails to notify the commissioner as required by this section, the commissioner may temporarily suspend or permanently revoke the real estate license of the responsible broker, in accordance with the provisions of this part relating to hearings.
(Amended by Stats. 2018, Ch. 285, Sec. 46. (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 3 - Disciplinary Action › Section 10179.

10179. No violation of any of the provisions of this part relating to real estate or of Chapter 1 (commencing with Section 11000) of Part 2 of this division by any real estate salesperson or employee of any licensed real estate broker shall cause the revocation or suspension of the license of the responsible broker retaining the salesperson or the broker employing the employee unless it appears upon a hearing by the commissioner that the responsible broker or broker had guilty knowledge of the violation.
(Amended by Stats. 2018, Ch. 285, Sec. 47. (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 3 - Disciplinary Action › Section 10180.

10180. The commissioner may deny, suspend or revoke the real estate license of a corporation as to any officer or agent acting under its license without revoking the license of the corporation.
(Amended 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 3 - Disciplinary Action › Section 10182.

10182. As a condition to the reinstatement of a revoked or suspended license, the commissioner may require the applicant to take and pass a qualifying examination.
(Added by Stats. 1955, Ch. 1243.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10185.

10185. Any person, including officers, directors, agents or employees of corporations, who willfully violates or knowingly participates in the violation of this division shall be guilty of a misdemeanor punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding six months, or by a fine and imprisonment.
(Amended by Stats. 1987, Ch. 587, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10186.

10186. (a) Following an administrative proceeding, or in connection with a stipulation, when the commissioner grants the right to a license applicant or a licensee to apply for or to obtain a restricted license or restricted mortgage loan originator license endorsement, the commissioner may, in addition to any other terms and conditions placed upon the restricted licensee, require the restricted licensee to pay the monetary costs associated with monitoring the licensed activities conducted by and pursuant to the restricted license or restricted mortgage loan originator license endorsement.
(b) The commissioner may also require, as a condition precedent to the issuance of a restricted license or restricted mortgage loan originator license endorsement, that the licensee pay monetary restitution to any person who sustained damages by reason of the act or acts that led to the discipline imposed by the commissioner.
(c) The commissioner shall not renew a license or a mortgage loan originator license endorsement, and may deny an application for the removal of license restrictions or for the reinstatement of an unrestricted license, if the licensee fails to pay all of the costs he or she is ordered to pay pursuant to this section.
(d) The commissioner shall not reinstate an unrestricted license or unrestricted mortgage loan originator license endorsement, or remove restrictions from a license or license endorsement, if the petitioner has failed to pay any costs he or she was ordered to pay pursuant to this section.
(e) The commissioner may require a holder of a restricted or revoked license, who petitions the commissioner for reinstatement of his or her license pursuant to Section 11522 of the Government Code, to pay the reasonable costs of processing the petition request.
(f) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the Real Estate Fund to be available, notwithstanding Section 10451, upon appropriation by the Legislature.
(Added by Stats. 2011, Ch. 712, Sec. 10. (SB 706) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 3 - Real Estate Regulations › ARTICLE 3 - Disciplinary Action › Section 10186.2.

10186.2. (a) (1) A licensee shall report any of the following to the department:
(A) The bringing of a criminal complaint, information, or indictment charging a felony against the licensee.
(B) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor.
(C) Any disciplinary action taken by another licensing entity or authority of this state or of another state or an agency of the federal government.
(2) The report required by this subdivision shall be made in writing within 30 days of the date of the bringing of the indictment or the charging of a felony, the conviction, or the disciplinary action.
(b) Failure to make a report required by this section shall constitute a cause for discipline.
(Amended by Stats. 2018, Ch. 285, Sec. 48. (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 3 - Disciplinary Action › Section 10186.9.

10186.9. Notwithstanding any other provision of law, on and after January 1, 2015, the department shall be subject to review by the appropriate policy committees of the Legislature.
(Added by Stats. 2011, Ch. 712, Sec. 13. (SB 706) Effective January 1, 2012.)
2023 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 10200.

10200. All real estate license fees shall be payable in advance of issuing the licenses and at the time of filing the application.
Unless otherwise provided, all licenses expire at midnight of the last day of the period for which issued.
(Amended by Stats. 1956, Ch. 4.)
2023 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 10201.

10201. The holder of a license who fails to renew it prior to the expiration of the period for which it was issued and who has otherwise qualified for such license, may renew it within two years from such expiration upon proper application and the payment of a late renewal fee in an amount equal to one and one-half times the regular renewal fee in effect at the time the license is reinstated.
(Amended by Stats. 1993, Ch. 416, Sec. 4. 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 4 - Fees › Section 10201.6.

10201.6. Any person who has qualified in an examination for a real estate license shall file the required application and fee for the license within one year thereafter.
(Added by Stats. 1965, Ch. 1489.)
2023 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 10207.

10207. The amount of the real estate fees prescribed for an examination or for a license under this chapter is that fixed by the following provisions of this article. No part of any fee paid in accordance with the provisions of this chapter is refundable. It is deemed earned by the department upon its receipt.
(Amended by Stats. 1975, Ch. 622.)
2023 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 10208.5.

10208.5. The real estate broker license examination fee is ninety-five dollars ($95). The real estate broker license reexamination fee is ninety-five dollars ($95).
If an applicant fails to appear for the examination within two years from the date of filing his or her application and fee for the examination, his or her application shall thereupon lapse and no further proceedings thereon shall be taken.
This section shall remain in effect unless it is superseded pursuant to subdivision (a) of Section 10226.5.
(Amended (as amended by Stats. 1996, Ch. 342, Sec. 1) by Stats. 1997, Ch. 232, Sec. 4. Effective January 1, 1998. Note: Fees are subject to reduction as prescribed in Section 10226.5.)
2023 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 10209.

10209. (a) The commissioner shall, by regulation, establish fees for applications for approval of equivalent courses of study as defined in Section 10153.5 in an amount sufficient to cover the cost of administration. The fee for an application for approval of each course given by a private vocational school, including any branch school which gives the same course, shall not exceed one hundred fifty dollars ($150).
(b) The commissioner shall notify every applicant of his decision on the application no later than 60 days after receipt by the commissioner of a completed application. The application shall be on a form to be supplied by the commissioner.
(Amended by Stats. 1996, Ch. 587, Sec. 4. Effective January 1, 1997.)
2023 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 10209.2.

10209.2. The commissioner shall, by regulation, establish fees for applications for approval of educational courses, seminars, workshops, conference, or their equivalent, or for the evaluation of petition based on a claim of equivalency, as authorized by Section 10170.4 in an amount sufficient to cover the cost of processing such applications or petitions.
(Amended by Stats. 1984, Ch. 66, Sec. 10.5.)
2023 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 10209.5.

10209.5. The fee for a restricted broker license shall be the same as that for an unrestricted license as provided in Section 10210.
(Amended (as amended by Stats. 1993, Ch. 416, Sec. 6) by Stats. 1996, Ch. 657, Sec. 1. Effective January 1, 1997. Note: Fee is subject to reduction as prescribed in Sections 10226 and 10226.5.)
2023 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 10210.

10210. (a) The fee for a real estate broker license shall not exceed three hundred dollars ($300).
In the case of an original applicant, the fee is payable upon filing the real estate broker license application.
(b) If an applicant fails to pass the real estate broker license examination within two years from the date of filing his or her broker license application, his or her broker 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. 4. Effective January 1, 2005. Note: Fee is subject to reduction as prescribed in Sections 10226 and 10226.5.)
2023 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 10211.

10211. If the licensee is a corporation, the license issued to it entitles one officer thereof, on behalf of the corporation, to engage in the business of real estate broker without the payment of any further fee, such officer to be designated in the application of the corporation for a license. For each officer other than the officer so designated, through whom it engages in the business of real estate broker, the appropriate original or renewal fee is to be paid in addition to the fee paid by the corporation.
(Amended by Stats. 1956, Ch. 4.)
2023 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 10213.5.

10213.5. The real estate salesperson license examination fee is sixty dollars ($60). The real estate salesperson license reexamination fee is sixty dollars ($60).
If an applicant fails to appear for the examination within two years from the date of filing his or her application and fee for the examination, his or her application shall thereupon lapse and no further proceedings thereon shall be taken.
This section shall remain in effect unless it is superseded pursuant to subdivision (a) of Section 10226.5.
(Amended (as amended by Stats. 1996, Ch. 342, Sec. 7) by Stats. 1997, Ch. 232, Sec. 8. Effective January 1, 1998. Note: Fees are subject to reduction as prescribed in Section 10226.5.)
2023 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 10213.6.

10213.6. If an applicant for any examination fails to take the examination on the date scheduled, he or she may make application in writing to the principal office of the department in Sacramento for a new date. A fee of twenty dollars ($20) shall accompany the written request for applying for the first new examination date in the case of a broker applicant, and a fee of fifteen dollars ($15) shall accompany the written request for the first new examination date in the case of a salesperson applicant. A fee of thirty dollars ($30) shall accompany the written request for all subsequent new examination dates for both broker and salesperson applicants.
This section shall remain in effect unless it is superseded pursuant to subdivision (a) of Section 10226.5.
(Amended (as amended by Stats. 1996, Ch. 342, Sec. 9) by Stats. 1997, Ch. 232, Sec. 10. Effective January 1, 1998. Note: Fees are subject to reduction as prescribed in Section 10226.5.)
2023 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 10214.5.

10214.5. The fee for a restricted salesperson license shall be the same as that for an unrestricted license as provided in Section 10215.
(Amended (as amended by Stats. 1993, Ch. 416, Sec. 10) by Stats. 1996, Ch. 657, Sec. 3. Effective January 1, 1997. Note: Fee is subject to reduction as prescribed in Sections 10226 and 10226.5.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)