California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 1 - General Provisions › Section 2705 - General Definitions and Short Form References

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless otherwise expressly indicated or compelled by the
				  context in which used, words, phrases and short form references appearing in
				  this Chapter shall have meanings as ascribed herein.
(a) "Advertising." Any written or printed
				communication, or oral communication made in accordance with a text or outline
				that has been reduced to written form, which is published for the purpose of
				inducing persons to purchase or use a product or service.
(b) "Applicant." Any person applying to the
				Department of Real Estate for a license, permit, public report or other
				entitlement.
(c) "Department,"
				"DRE," "Bureau" or "CalBRE." The Department of Real Estate of the State of
				California.
(d) "Code." The
				Business and Professions Code.
(e)
				"Commissioner." The Real Estate Commissioner of the State of
				California.
(f) "Examination." Any
				examination to qualify for any license issued under authority of the Real
				Estate Law.
(g) "License." Any
				license issued under authority of the Real Estate Law.
(h) "Permit." Any authorization or
				entitlement issued by the commissioner to engage in a transaction or course of
				conduct for which a permit is required under the Real Estate Law or Subdivided
				Lands Law.
(i) "Public Report." A
				report issued by the Commissioner under authority of Section
				11018 of the Code.
(j) "Real Estate Law." Part 1 of Division 4
				of the Code (Section
				10000
et
				seq
.).
(k) "Subdivision
				Interests." Lots, parcels, units, undivided interest shares, time-share estates
				or time-share uses subject to regulation under the provisions of Chapter 1,
				Part 2, Division 4 of the Code.
(l)
				"Subdivision Law" or "Subdivided Lands Law." Chapter 1 of Part 2 of Division 4
				of the Code (Section
				11000
et
				seq
.).
(m) "Common
				Interests." Property owned or controlled by, and/or services furnished to,
				owners, lessees or persons having the exclusive right to the use of subdivision
				interests, by an association comprising the separate owners of said interests
				in those subdivisions enumerated in Section
				11004.5 of the Code.
(n) "Responsible broker." 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.
(o)
				"Retain" or "retention." The relationship between a responsible 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. However, the word "retain" will also
				have its common meaning when used outside the context of the relationship
				between a broker and subsidiary licensee, as when referring to retention of
				records.
1. Amendment
				  filed 12-10-71; effective thirtieth day thereafter (Register 71, No. 50). For
				  prior history see Register 68, No. 39.
2. Repealer and new section
				  filed 12-7-73; effective thirtieth day thereafter (Register 73, No.
				  49).
3. New subsection (m) filed 1-16-76; effective thirtieth day
				  thereafter (Register 76, No. 3).
4. Amendment of subsection (k);
				  effective thirtieth day thereafter (Register 80, No. 49).
5. Change
				  without regulatory effect amending subsection (b), adding new subsection (c),
				  repealing subsection (e) and relettering subsections filed 6-30-2014 pursuant
				  to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
6. Amendment of subsections
				  (b), (c), (i), (j) and (l), new subsections (n)-(o) and amendment of NOTE filed
				  1-21-2022; operative 4-1-2022 (Register 2022, No.
				  3).
Note: Authority cited: Sections
					 10080
					 and
					 11001,
					 Business and Professions Code. Reference: Sections
					 10015.1,
					 10018.01,
					 10159.2,
					 10177
					 and
					 11000,
					 Business and Professions Code.