reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 8 - Lamp and Brake Adjustment Certificates › Section 9889.16.

9889.16. Whenever a licensed adjuster in a licensed station upon an inspection or after an adjustment, made in conformity with the instructions of the bureau, determines that the lamps or the brakes upon any vehicle conform with the requirements of the Vehicle Code, the adjuster shall, when requested by the owner or driver of the vehicle, issue a certificate of adjustment on a form prescribed by the director, which certificate shall contain the date of issuance, the make and registration number of the vehicle, the name of the owner of the vehicle, and the official license of the station.
(Amended by Stats. 2019, Ch. 497, Sec. 15. (AB 991) Effective January 1, 2020. Conditionally repealed pursuant to Section 9889.19.1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 8 - Lamp and Brake Adjustment Certificates › Section 9889.19.

9889.19. The director may charge a fee for lamp and brake adjustment certificates furnished to licensed stations. The fee charged shall be established by regulation and shall not produce a total estimated revenue which, together with license fees or certification fees charged pursuant to Sections 9886.3, 9887.2, and 9887.3, is in excess of the estimated total cost to the bureau of the administration of this chapter. The fee charged by licensed stations for lamp and brake adjustment certificates shall be the same amount the director charges.
(Amended by Stats. 1990, Ch. 1433, Sec. 12. Conditionally repealed pursuant to Section 9889.19.1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 8 - Lamp and Brake Adjustment Certificates › Section 9889.19.1.

9889.19.1. This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
(Amended by Stats. 2023, Ch. 681, Sec. 10. (AB 1263) Effective January 1, 2024. Conditionally repealed by its own provisions. Note: Repeal affects Article 8, commencing with Section 9889.15.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 9 - Penalties › Section 9889.20.

9889.20. Except as otherwise provided in Section 9889.21, any person who fails to comply in any respect with the provisions of this chapter is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six months, or by both that fine and imprisonment.
(Amended by Stats. 2010, Ch. 328, Sec. 20. (SB 1330) Effective January 1, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 9 - Penalties › Section 9889.21.

9889.21. (a) Any person who violates any provision of Article 5 (commencing with Section 9887.1), Article 6 (commencing with Section 9888.1), Article 6.5 (commencing with Section 9888.5), and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b) This section shall remain operative only until six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.
(Amended (as amended by Stats. 2021, Ch. 372, Sec. 11) by Stats. 2023, Ch. 681, Sec. 11. (AB 1263) Effective January 1, 2024. Conditionally repealed as prescribed by its own provisions. See later operative version, as amended by Sec. 12 of Stats. 2023, Ch. 681.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 9 - Penalties › Section 9889.21.

9889.21. (a) Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.
(b) This section shall become operative six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5).
(Amended (as added by Stats. 2021, Ch. 372, Sec. 12) by Stats. 2023, Ch. 681, Sec. 12. (AB 1263) Effective January 1, 2024. Conditionally operative as prescribed by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 9 - Penalties › Section 9889.22.

9889.22. The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code constitutes perjury and is punishable as provided in the Penal Code.
(Added by Stats. 1986, Ch. 951, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 10 - Used Tires › Section 9889.30.

9889.30. (a) (1) Subject to subdivision (b), an automotive repair dealer shall not install an unsafe used tire on a motor vehicle for use on a highway, as defined in Section 360 of the Vehicle Code.
(2) For purposes of this section, “unsafe used tire” means a used tire to which any of the following criteria applies:
(A) The tire is worn to two thirty-seconds of one inch tread depth or less on any area of the tread.
(B) The tire has any damage exposing the reinforcing plies of the tire, through cuts, cracks, punctures, scrapes, or wear.
(C) The tire has any repair in the tread shoulder or belt edge area.
(D) The tire has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside.
(E) The tire has repair to the sidewall or bead area.
(F) The tire has a puncture repair of damage larger than one-fourth of one inch.
(G) The tire shows evidence of prior use of a temporary tire sealant to repair a puncture or damage to the tire without evidence of a subsequent proper repair.
(H) The tire has a defaced or removed United States Department of Transportation tire identification number.
(I) The tire has any inner liner damage or bead damage.
(J) The tire shows indication of internal separation, such as bulges or local areas of irregular tread wear indicating a distortion in the tread area when compared to other areas of the tread, or belt separation.
(b) This section does not apply to tire repairs, tire rotations, tire balancing, or a tire mounted on a wheel or rim that is temporarily removed from a vehicle and reinstalled on the same vehicle. As used in this subdivision, “tire repair” means repairing a puncture in the tire tread area that is no larger than one-fourth of one inch in diameter, has not caused any internal damage to the tire, and is repaired according to industry standards.
(c) Except as set forth in subparagraph (A) of paragraph (2) of subdivision (a), an automotive repair dealer shall use a visual inspection to determine whether a tire meets the criteria of an unsafe used tire.
(Added by Stats. 2019, Ch. 266, Sec. 1. (AB 949) Effective January 1, 2020.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 10.5 - Auto Body Repair › Section 9889.50.

9889.50. The Legislature finds the following:
(1) Thousands of California automobile owners each year require repair of their vehicles as a result of collision or other damage.
(2) California automobile owners are suffering direct and indirect harm through unsafe, improper, incompetent, and fraudulent auto body repairs.
(3) There is a lack of proper training and equipment that auto body repair shops need to meet the demands of the highly evolved and sophisticated automobile manufacturing industry.
(4) California has no minimum standards or requirements for auto body repair shops.
(5) Existing laws currently regulating the auto body industry could be strengthened.
(6) There is a compelling need to increase competency and standards for the auto body repair industry.
(Added by Stats. 1995, Ch. 445, Sec. 2. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 10.5 - Auto Body Repair › Section 9889.51.

9889.51. “Auto body repair shop” means a place of business operated by an automotive repair dealer where automotive collision repair or reconstruction of automobile or truck bodies is performed.
(Added by Stats. 1995, Ch. 445, Sec. 2. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 10.5 - Auto Body Repair › Section 9889.52.

9889.52. An application for registration pursuant to Section 9884 shall designate that the applicant is registering as an auto body repair shop if the applicant intends to perform auto body repair. In addition, an application for registration to operate an auto body repair shop shall include a written statement signed under penalty of perjury that the applicant has been issued licenses or permits, if required by law, including, but not limited to, all of the following:
(1) A city or county business license.
(2) A State Board of Equalization identification or resale permit number.
(3) An Environmental Protection Agency hazardous waste permit number.
(4) An Air Quality Management District spray booth permit number.
(Added by Stats. 1995, Ch. 445, Sec. 2. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 10.5 - Auto Body Repair › Section 9889.53.

9889.53. A check or draft issued to a repairer pursuant to Section 560 of the Insurance Code shall include the repairer’s registration number or taxpayer identification number.
(Added by Stats. 1995, Ch. 445, Sec. 2. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 11 - Auto Body Repair Study › Section 9889.66.

9889.66. The form for registration pursuant to Section 9884 shall contain sufficient information to enable the Bureau of Automotive Repair to identify all registrants performing automotive collision repair work.
(Added by Stats. 1992, Ch. 479, Sec. 3. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 20.3 - Automotive Repair › ARTICLE 11 - Auto Body Repair Study › Section 9889.68.

9889.68. Any auto insurance company check or draft issued to a repairer pursuant to Insurance Code Section 560 shall include the repairer’s registration number or Tax Payer Identification Number.
(Added by Stats. 1992, Ch. 479, Sec. 3. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.

9998. This chapter shall apply only to “nonagricultural workers” as defined by Section 1101(a)(15)(H)(ii)(b) of Title 8 of the federal Immigration and Nationality Act. It shall not apply to any person duly licensed as a “farm labor contractor” as that term is defined in Section 1682 of the Labor Code nor shall it apply to any person exempt from the licensing requirement in Section 1682.5 of the Labor Code or to any employer employing agricultural workers as defined by Section 1101(a)(15)(H)(ii)(a) of Title 8 of the federal Immigration and Nationality Act.
(Added by Stats. 1988, Ch. 1450, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.1.

9998.1. The following definitions are applicable to this chapter:
(a) “Person” includes any natural person, company, firm, partnership or joint venture, association, corporation, limited liability company, or sole proprietorship.
(b)  “Foreign labor contracting activity” means recruiting or soliciting for compensation a foreign worker who resides outside of the United States in furtherance of that worker’s employment in California, including when that activity occurs wholly outside the United States. “Foreign labor contracting activity” does not include the services of an employer, or employee of an employer, if those services are provided directly to foreign workers solely to find workers for the employer’s own use.
(c) “Foreign worker” means any person seeking employment who is not a United States citizen or permanent resident but who is authorized by the federal government to work in the United States, including a person who engages in temporary nonagricultural labor pursuant to Section 101(a)(15)(H)(ii)(b) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(b)).
(d) “Foreign labor contractor” means any person who performs foreign labor contracting activity, including any person who performs foreign labor contracting activity wholly outside the United States, except that the term does not include any entity of federal, state, or local government. “Foreign labor contractor” does not include a person licensed by the Labor Commissioner as a talent agency under Chapter 4 (commencing with Section 1700) of Part 6 of Division 2 of the Labor Code, or a person who obtained and maintains full written designation from the United States Department of State under Part 62 of Title 22 of the Code of Federal Regulations.
(Amended by Stats. 2014, Ch. 711, Sec. 2. (SB 477) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.2.

9998.2. (a) On and after July 1, 2016, a person who knows or should have known that the person is using the services of a foreign labor contractor to procure foreign workers or employees pursuant to subdivision (b) of Section 9998.1 shall disclose this information to the Labor Commissioner in accordance with the terms and procedures established by the commissioner by January 1, 2016.
(b) The disclosure shall include, but is not limited to, the following:
(1) The name, address, and contact information of the person designated by the employer to work with a foreign labor contractor.
(2) A declaration consenting to the designation by a court of the commissioner as an agent available to accept service of summons in any action against the person, if the person has left the jurisdiction in which the action is commenced or otherwise has become unavailable to accept service.
(c) A person may not knowingly enter into an agreement for the services of a foreign labor contractor that is not registered under this chapter.
(Repealed and added by Stats. 2014, Ch. 711, Sec. 5. (SB 477) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.3.

9998.3. No foreign labor contractor shall make, publish, or circulate or cause to be made, published, or circulated, to any person any false, fraudulent, or misleading representation or information concerning the terms or conditions of employment at any place or places of employment.
(Added by Stats. 1988, Ch. 1450, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.4.

9998.4. No foreign labor contractor shall recruit for employment or cause any minor who is a foreign worker to be employed.
(Added by Stats. 1988, Ch. 1450, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.5.

9998.5. Any foreign labor contractor who recruits or solicits without a bona fide job order and who induces a foreign worker to be transported to a proposed jobsite and who does not then provide employment for the foreign worker shall pay wages to the foreign worker at the agreed rate of pay for the job to which the foreign worker was being transported and for the elapsed time from the point of recruitment to the jobsite to the point the worker returns to the place of original departure, and for any transportation costs incurred by the foreign worker in connection with the pursuit of the labor contractor’s services.
(Added by Stats. 1988, Ch. 1450, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.6.

9998.6. A person may not intimidate, threaten, restrain, coerce, discharge, or in any manner discriminate against a foreign worker or a member of his or her family in retaliation for the foreign worker’s exercise of any right under this chapter.
(Amended by Stats. 2014, Ch. 711, Sec. 7. (SB 477) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.7.

9998.7. No foreign labor contractor shall make promises or otherwise induce a foreign worker to travel or accept promises of employment by promising or providing assurances to the foreign worker that citizenship or permanent residency status in the United States shall be secured or pursued if the worker accepts the offer of services of the foreign labor contractor.
(Added by Stats. 1988, Ch. 1450, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.8.

9998.8. (a) A person who violates this chapter or who causes or induces another to violate this chapter is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or imprisonment in the county jail for not more than six months, or both. A person shall not be liable under this subdivision for any act or omission by a foreign labor contractor engaged by the person if the foreign labor contractor was registered with the Labor Commissioner pursuant to Section 9998.1.5 no later than the first day of engagement.
(b) A person who violates any provision of this chapter shall be subject to a civil penalty of no less than one thousand dollars ($1,000) and no more than twenty-five thousand dollars ($25,000) per violation, in addition to any other civil remedies available to the Labor Commissioner or an aggrieved person.
(c) The commissioner or a person aggrieved by a violation of this chapter may do all of the following:
(1) Bring an action for injunctive relief against a person who violates this chapter and, upon prevailing, recover costs and reasonable attorney’s fees.
(2) Bring an action for damages, against a person who violates this chapter to recover the greater of all of his or her actual damages or five hundred dollars ($500) per employee per violation for an initial violation, and one thousand dollars ($1,000) per employee for each subsequent violation, and, upon prevailing in an action brought pursuant to this section, recover costs and reasonable attorney’s fees.
(3) Enforce the liability on the bonds required under Section 9998.1.5.
(d) A person shall not be jointly and severally liable for any act or omission by a foreign labor contractor engaged by the person if the foreign labor contractor was registered with the Labor Commissioner pursuant to Section 9998.1.5 no later than the first day of engagement.
(e) Nothing in this section shall be construed to preempt or alter any other rights or remedies, including any causes of action, available under any other federal or state law.
(Amended by Stats. 2014, Ch. 711, Sec. 8. (SB 477) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.10.

9998.10. The Labor Commissioner and the deputies and representatives authorized by the commissioner in writing may take assignments of actions on the bonds required under Section 9998.1.5 by aggrieved persons and may prosecute the actions on behalf of persons who, in the judgment of the commissioner, are financially unable to employ counsel, in the same manner that claims are prosecuted under Section 98 of the Labor Code.
(Added by Stats. 2014, Ch. 711, Sec. 9. (SB 477) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 3 - PROFESSIONS AND VOCATIONS GENERALLY › CHAPTER 21.5 - Foreign Labor Contractors › Section 9998.11.

9998.11. The Labor Commissioner may adopt regulations or policies and procedures to implement the provisions of this chapter.
(Added by Stats. 2014, Ch. 711, Sec. 10. (SB 477) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10001.

10001. Except as otherwise specified, the definitions in this chapter apply to the provisions of this part only and do not affect any other provisions of this code.
(Amended by Stats. 2018, Ch. 285, Sec. 1. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10003.

10003. “Commissioner” means the Real Estate Commissioner.
(Amended by Stats. 2016, Ch. 177, Sec. 2. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10004.

10004. (a) “Department” means the Department of Real Estate in the Business, Consumer Services, and Housing Agency.
(b) This section shall become operative on July 1, 2018.
(Repealed (in Sec. 5) and added by Stats. 2017, Ch. 828, Sec. 6. (SB 173) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10005.

10005. (a) Whenever the terms “bureau,” “division,” “Bureau of Real Estate,” “State Real Estate Division,” or “Real Estate Division” are used in this division, they mean the Department of Real Estate.
(b) Whenever the terms “Bureau of Real Estate,” “State Real Estate Division,” or “Real Estate Division” are used in any other law, they mean the Department of Real Estate.
(c) This section shall become operative on July 1, 2018.
(Repealed (in Sec. 7) and added by Stats. 2017, Ch. 828, Sec. 8. (SB 173) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10007.

10007. “Provisions of this part relating to real estate” means the provisions of Chapters 1, 2, 3, and 6 of Part 1.
(Amended by Stats. 2016, Ch. 177, Sec. 3. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10008.

10008. “Provisions of this part relating to business opportunity regulation” means the provisions of Chapters 1, 2, and 6 of Part 1.
(Amended by Stats. 2016, Ch. 177, Sec. 4. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10008.5.

10008.5. Solely with regard to any transaction involving the sale, lease, or exchange of a business opportunity occurring before, on, or after the effective date of this section, this division shall not apply to any person licensed at the time of the transaction as a securities broker or securities dealer under any law of this state or of the United States, or by any employee, officer, or agent of that person while acting under the direction of, and within the scope of, his or her employment with that person in connection with the transaction.
As used in this section, “any transaction involving the sale, lease, or exchange of a business opportunity” does not include any of the acts described in Section 10131 or Section 10131.2 if the substance of the transaction is to transfer, sell, lease, or exchange an interest in real property for the purpose of evading this part.
(Added by Stats. 1989, Ch. 1116, Sec. 1. Effective September 30, 1989.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10009.5.

10009.5. “Provisions of this part relating to mineral, oil, and gas brokerage” means the provisions of Chapters 1, 2, 6, and 7, of Part 1.
(Amended by Stats. 2016, Ch. 177, Sec. 5. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10010.

10010. “Provisions of this part relating to hearings” means the provisions of Article 3 of Chapter 2 of Part 1.
(Amended by Stats. 2016, Ch. 177, Sec. 6. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10010.5.

10010.5. (a) Nothing in Assembly Bill 1289 of the 2017–18 Regular Session or Assembly Bill 2884 of the 2017–18 Regular Session shall be construed to affect any of the following:
(1) A real estate broker’s duties under existing statutory or common law as an agent of a person who retains that broker to perform acts for which a license is required under this division.
(2) Any fiduciary duties owed by a real estate broker to a person who retains that broker to perform acts for which a license is required under this division.
(3) Any duty of disclosure or any other duties or obligations of a real estate broker that arise under this division or other existing applicable California law, including common law.
(4) Any duties or obligations of a salesperson or a broker associate that arise under this division or existing applicable California law, including common law, including duties and obligations to the salesperson’s or broker associate’s responsible broker.
(5) A responsible broker’s duty of supervision and oversight for the acts of retained salespersons or broker associates that arise under this division or other existing applicable California law, including common law.
(b) (1) The Legislature finds and declares that a responsible broker, as defined in Section 10015.1, has the duty to supervise and oversee the licensed acts of each salesperson and broker associate affiliated with and working under his or her supervision, regardless of whether the retention contract with that salesperson or broker associate specifies an independent contractor relationship or an employment relationship.
(2) The Legislature finds and declares that, consistent with existing statutory and common law, a responsible broker is liable for the actions or negligence of a salesperson or broker associate retained by the responsible broker to perform acts for which a license is required under this division.
(c) For purposes of this section, references to “existing statutory law” and “existing applicable California law” refer to the law as it read immediately prior to enactment of Assembly Bill 1289 of the 2017–18 Regular Session and Assembly Bill 2884 of the 2017–18 Regular Session.
(Added by Stats. 2018, Ch. 285, Sec. 2. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10011.

10011. “Licensee,” when used without modification, means a person, whether broker or salesperson, licensed under any of the provisions of this part.
(Amended by Stats. 2016, Ch. 177, Sec. 7. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10012.

10012. “Broker,” when used without modification, means a person licensed as a broker under any of the provisions of this part.
(Amended by Stats. 2016, Ch. 177, Sec. 8. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10013.

10013. “Salesperson,” when used without modification, means a person licensed as a salesperson under any of the provisions of this part. Whenever the word salesman is used in this division, or in the rules and regulations of the commissioner, it means salesperson. Notwithstanding any other law, a licensee may elect to refer to his or her licensed status as real estate salesman, real estate saleswoman, or real estate salesperson.
(Amended by Stats. 2016, Ch. 177, Sec. 9. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10014.

10014. “Real estate licensee” means a person, whether broker or salesperson, licensed under Chapter 3 of this part.
(Amended by Stats. 2016, Ch. 177, Sec. 10. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10015.

10015. “Real estate broker” means a person licensed as a broker under Chapter 3 of this part.
(Amended by Stats. 2016, Ch. 177, Sec. 11. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10015.1.

10015.1. “Responsible broker” means the real estate broker responsible for the exercise of control and supervision of real estate salespersons under Section 10159.2, or a licensee subject to discipline under subdivision (h) of Section 10177 for failure to supervise activity requiring a real estate license. The supervision of a salesperson required under this part or any other law is limited to regulatory compliance and consumer protection.
(Added by Stats. 2018, Ch. 285, Sec. 3. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10015.2.

10015.2. “Manager” means a real estate licensee authorized to perform supervisorial services for a responsible broker.
(Added by Stats. 2018, Ch. 285, Sec. 4. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10015.3.

10015.3. “Broker associate” means a broker retained by a responsible broker who has authority to provide services requiring a real estate license on behalf of the responsible broker.
(Added by Stats. 2018, Ch. 285, Sec. 5. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10015.4.

10015.4. “Responsible broker’s identity” means the name under which the responsible broker is currently licensed by the department and conducts business in general or is a substantial division of the real estate firm, or both the name and the associated license identification number. “Responsible broker’s identity” does not include a fictitious business name obtained pursuant to paragraph (2) of subdivision (a) of Section 10159.5 or the use of a team name pursuant to Section 10159.6.
(Added by Stats. 2018, Ch. 285, Sec. 6. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10015.5.

10015.5. “Professional identity” includes “responsible broker’s identity” and the identity under which the licensee is authorized to do business.
(Added by Stats. 2018, Ch. 285, Sec. 7. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10016.

10016. “Real estate salesperson” means a natural person licensed as a salesperson under Chapter 3 of this part and who, for a compensation or in expectation of a compensation, is retained by a real estate broker to do one or more of the acts set forth in Sections 10131, 10131.1, 10131.2, 10131.3, 10131.4, and 10131.6.
(Amended by Stats. 2018, Ch. 285, Sec. 8. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.01.

10018.01. “Retained” means the relationship between a broker and a licensee who is either an independent contractor affiliated with, or an employee of, a broker to perform activities that require a license and are performed under a broker’s supervision.
(Added by Stats. 2018, Ch. 285, Sec. 9. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.02.

10018.02. “Seller” means a transferor in a real property transaction, and includes an owner who lists real property with a licensee, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from a licensee on behalf of another. “Seller” includes both a vendor and lessor of real property.
(Added by Stats. 2018, Ch. 285, Sec. 10. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.03.

10018.03. “Listing agent” means a licensee who provides services requiring a real estate license for or on behalf of a seller pursuant to a listing agreement. Listing agent includes a seller’s agent.
(Added by Stats. 2018, Ch. 285, Sec. 11. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.04.

10018.04. “Seller’s agent” means a licensee who provides services requiring a real estate license for or on behalf of a seller. A seller’s agent may or may not be a listing agent.
(Added by Stats. 2018, Ch. 285, Sec. 12. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.05.

10018.05. “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through a licensee, whether or not a transfer results, or who seeks the services of a licensee in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes a purchaser, vendee, or lessee of real property.
(Added by Stats. 2018, Ch. 285, Sec. 13. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.06.

10018.06. “Buyer’s agent” means a licensee who provides services requiring a real estate license for or on behalf of a buyer.
(Added by Stats. 2018, Ch. 285, Sec. 14. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.07.

10018.07. “Real property” means any estate specified in (1) or (2) of Section 761 of the Civil Code in property, and includes (a) single-family residential property, (b) multiunit residential property with more than four dwelling units, (c) commercial real property, (d) vacant land, (e) a ground lease coupled with improvements, or (f) a manufactured home as defined in Section 18007 of the Health and Safety Code or a mobilehome as defined in Section 18008 of the Health and Safety Code.
(Added by Stats. 2018, Ch. 285, Sec. 15. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.08.

10018.08. “Single-family residential property” or “Single-family residential real property” means: (a) real property improved with one to four dwelling units, including any leasehold exceeding one year’s duration of such, (b) a unit in a residential stock cooperative, condominium, or planned unit development, or (c) a mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6.
(Added by Stats. 2018, Ch. 285, Sec. 16. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.09.

10018.09. “Commercial real property” means all real property except (a) single-family residential real property, (b) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, (c) a mobilehome as defined in Section 798.3 of the Civil Code, (d) vacant land, or (e) a recreational vehicle as defined in Section 799.29 of the Civil Code.
(Added by Stats. 2018, Ch. 285, Sec. 17. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.10.

10018.10. Except as provided in Section 10239.2, “sell,” “sale,” or “sold” means a transaction for the transfer of real property from a seller to a buyer, and includes (a) an exchange of real property between a seller and a buyer, (b) a real property sales contract within the meaning of Section 2985 of the Civil Code, and (c) a leasehold exceeding one year’s duration.
(Added by Stats. 2018, Ch. 285, Sec. 18. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.11.

10018.11. “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction.
(Added by Stats. 2018, Ch. 285, Sec. 19. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.13.

10018.13. “Appraiser” means a person licensed or certified under Part 3 (commencing with Section 11300).
(Added by Stats. 2018, Ch. 285, Sec. 20. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.14.

10018.14. “Listing agreement” means a written contract between a seller of real property or a business opportunity and a real estate broker by which the broker has been authorized to sell the real property or find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. A “listing agreement” includes an “exclusive right to sell listing agreement,” “seller reserved listing agreement,” and “open listing agreement.”
(Added by Stats. 2018, Ch. 285, Sec. 21. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.15.

10018.15. “Exclusive right to sell listing agreement” means a listing agreement whereby the owner grants to a seller’s agent, for a specified period of time, the exclusive right to sell, find, or obtain a buyer for the real property, and the seller’s agent is entitled to the agreed compensation if, during that period of time, the real property is sold, no matter who effected the sale, or when the seller’s agent receives and presents to the owner any enforceable offer from a ready, able, and willing buyer on terms that are authorized by the listing agreement or accepted by the owner. An “exclusive right to sell listing agreement” may provide for compensation to the seller’s agent if the property is sold within a specified period after termination of the listing agreement.
(Added by Stats. 2018, Ch. 285, Sec. 22. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.16.

10018.16. “Seller reserved listing agreement” means a listing agreement whereby the owner grants to a seller’s agent, for a specified period of time, the exclusive right to sell, find, or obtain a buyer for the real property, and the seller’s agent is entitled to the agreed compensation if, during that period of time, the real property is sold, no matter who effected the sale, or when the seller’s agent receives and presents to the owner any enforceable offer from a ready, able, and willing buyer on terms that are authorized by the listing agreement or accepted by the owner. Compensation is not owed to the seller’s agent if the owner sells the property directly and not through any other broker. A “seller reserved listing agreement” may provide for compensation to the seller’s agent if the property is sold, other than directly by the seller, within a specified period after termination of the listing agreement.
(Added by Stats. 2018, Ch. 285, Sec. 23. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10018.17.

10018.17. “Open listing agreement” means a listing agreement which grants no exclusive rights or priorities to the seller’s agent, and the agreed commission is payable to the seller’s agent only if that agent obtains and presents to the owner an enforceable offer from a ready, able, and willing buyer on the terms authorized by the listing agreement, which is accepted by the owner, before the property is otherwise sold either through another licensee or by the owner directly and before the listing agreement expires by its terms or is revoked by the seller’s agent or the owner.
(Added by Stats. 2018, Ch. 285, Sec. 24. (AB 2884) Effective January 1, 2019.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10023.

10023. “Mineral, oil, and gas licensee” means a person licensed under Chapter 7 (commencing with Section 10500) of this part.
(Amended by Stats. 2016, Ch. 177, Sec. 14. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10024.

10024. “Mineral, oil, and gas broker” means a person licensed as a broker under Chapter 7 of this part.
(Amended by Stats. 2016, Ch. 177, Sec. 15. (AB 685) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 4 - REAL ESTATE › PART 1 - LICENSING OF PERSONS › CHAPTER 1 - General Provisions › Section 10026.

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