reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7.5 - Mortgage Loan Originator License Endorsement › Section 2758.5 - Application, Electronic Signature, and License Changes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An application to obtain a mortgage loan
				originator license endorsement or to change licensing information on an
				existing mortgage loan originator license endorsement must be filed using the
				procedures and electronic system maintained by the Nationwide Mortgage
				Licensing System and Registry. An applicant shall sign and attest to the
				information provided in the application through the electronic signature
				function of the system.
(b) A real
				estate licensee who has been issued a license endorsement is required to
				maintain the same current license information on file with the Department and
				with the Nationwide Mortgage Licensing System and Registry, including licensee
				name, licensee main office and mailing address. License information regarding a
				licensee's fictitious business names and branch office locations that are used
				for mortgage loan origination activities must also be provided
				contemporaneously by the licensee to both the Department and Nationwide
				Mortgage Licensing System and Registry.
(c) Where a licensed real estate salesperson
				acts as a mortgage loan originator and holds a mortgage loan originator license
				endorsement, notice of retention or retention change for that salesperson that
				is required to be submitted to the Department under the provisions of the Real
				Estate Law and the Regulations of the Commissioner must also be filed
				electronically using the Nationwide Mortgage Licensing System and
				Registry.
(d) Brokers who retain
				broker associates to conduct mortgage loan originator activities must provide
				employment sponsorship information to the Nationwide Mortgage Licensing System
				and Registry within five (5) days of the commencement of employment.
				Termination of a broker/broker associate retention relationship must be
				reported to the Nationwide Mortgage Licensing System and Registry within five
				(5) days of the termination.
1. New section
				  filed 2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No. 27).
3.
				  Change without regulatory effect amending subsections (b)-(c) filed 6-30-2014
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
4. Amendment of subsections
				  (b)-(d) filed 1-21-2022; operative 4-1-2022 (Register 2022, No. 3).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10150(d),
					 10151(e)
					 and
					 10161.8,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7.5 - Mortgage Loan Originator License Endorsement › Section 2758.6 - Corporate Real Estate Brokers, Officers, Directors, and Shareholders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The designated officer of a corporation who applies for or
				  has been issued a mortgage loan originator license endorsement on behalf of the
				  corporation is responsible for maintaining and updating, as needed, on the
				  Nationwide Mortgage Licensing System and Registry, background information for
				  the following individuals associated with the corporation:
(a) directors,
(b) officers,
(c) subordinate officers with the
				responsibility for forming policy of the corporation,
(d) all natural persons owning or controlling
				ten percent or more of the corporation's shares.
These directors, officers, subordinate officers, and
				  owners/controlling persons are required by these regulations to provide
				  personal information and background information as requested by the Nationwide
				  Mortgage Licensing System and Registry. A broker officer who conducts mortgage
				  loan originator activities on behalf of a corporate real estate licensee must
				  hold an individual mortgage loan originator license
				  endorsement.
1. New section
				  filed 2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order, including
				  amendment of subsection (d), transmitted to OAL 5-6-2010 and filed 6-29-2010
				  (Register 2010, No. 27).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10150(d),
					 10151(e),
					 10159
					 and
					 10159.2,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 7.5 - Mortgage Loan Originator License Endorsement › Section 2758.7 - Renewal and Continuing Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After January 1, 2011, the term for a
				mortgage loan originator license endorsement shall expire on December 31 of the
				year for which the license endorsement is issued, except that license
				endorsement applications approved after October 31 of a given year will be
				valid until December 31 of the following year.
(b) The renewal requirements for a mortgage
				loan originator license endorsement, including a renewal request and evidence
				of completion of required continuing education courses that have been completed
				in the same calendar year, must be filed and all applicable fees paid between
				November 1 and December 31 through the Nationwide Mortgage Licensing System and
				Registry.
(c) A licensee who fails
				to file the necessary requirements to renew a mortgage loan originator license
				endorsement by December 31 may request reinstatement of the expired license
				endorsement by filing the appropriate renewal and other applicable minimum
				application requirements before March 1 of the following year. Notwithstanding
				Section
				10166.10(f)
				of the Business and Professions Code, continuing education completed between
				January 1 and March 1, while a license endorsement is expired and for the
				purpose of meeting the requirements to reinstate the expired license
				endorsement, will be credited to, and only be credited to, the renewal period
				of the previous year. If the renewal requirements are not filed by March 1, the
				licensee must apply for a new mortgage loan originator license endorsement and
				meet the requirements for a license endorsement at that time.
1. New section
				  filed 2-23-2010 as an emergency; operative 2-23-2010 (Register 2010, No. 9). A
				  Certificate of Compliance must be transmitted to OAL by 8-23-2010 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. Certificate of Compliance as to 2-23-2010 order transmitted
				  to OAL 5-6-2010 and filed 6-29-2010 (Register 2010, No.
				  27).
Note: Authority cited: Sections
					 10080
					 and
					 10166.17,
					 Business and Professions Code. Reference: Sections
					 10150(d),
					 10151(e),
					 10166.10
					 and
					 10166.17(c),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2760 - Notice of Time and Place. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
				  30).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2761 - Application for Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person desiring to take an examination for a license issued
				  by the Bureau shall apply to take the examination on a form furnished by the
				  Bureau. This form and the examination papers may require that the applicant set
				  forth such information as is necessary to identify the applicant from among
				  other examinees and for the purpose of correlating the application form and
				  examination paper of each examinee.
1. New section
				  filed 1-16-76; effective thirtieth day thereafter (Register 76, No. 3). For
				  history of former section, see Register 71, No. 1.
2. Change without
				  regulatory effect amending section filed 6-30-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
Note: Authority cited: Sections
					 10080,
					 10226,
					 11001
					 and
					 11011.8,
					 Business and Professions Code and Section
					 21082,
					 Public Resources Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2761.5 - Persons Not Eligible for Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An examination shall not ordinarily be administered to a
				  person who has a license or the right to the issuance of a license of the class
				  for which the examination is to be given.
1. New section
				  filed 4-24-78; effective thirtieth day thereafter (Register 78, No.
				  17).
Note: Authority cited: Sections
					 10080
					 and
					 10170.4,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2762 - Time Allowed. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 8-6-54, as procedural and organizational; designated effective upon
				  filing (Register 54, No. 17).
2. Repealer filed 7-1-83; effective
				  thirtieth day thereafter (Register 83, No.
				  30).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2763 - Examination Rules

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				person taking an examination for a license issued by the Bureau shall abide by
				all of the following rules from the time of entry into the examination room
				until the examinee has completed the examination and left the examination room:
(1) An examinee may not refer to any printed
				or written material other than that furnished by the Bureau.
(2) Written computations by examinees shall
				be made only on paper furnished by the Bureau for that purpose.
(3) An examinee may not communicate with
				another examinee nor with any person other than an examination
				proctor.
(4) The copying of
				questions and the making of any notes of examination materials by an examinee
				is prohibited.
(5) An examinee may
				not leave the examination room prior to completion of the examination unless
				express permission of an examination proctor has been obtained and all
				examination papers and materials have been turned over to the
				proctor.
(6) The only materials or
				devices, other than those furnished by the Bureau, that an examinee may use
				during the course of the examination are pencils and slide rules or silent,
				battery-operated, electronic, pocket-sized calculators which are
				non-programmable, do not have a print-out capability, or an alphabetic
				keyboard.
(7) An examinee may not
				share the use of examination materials with any other
				examinee.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2764 - Notification of Result. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
				  30).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2765 - RE-Examination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 2-25-60; effective thirtieth day thereafter (Register 60, No.
				  4).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2766 - Renewal License Examination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-19-57; effective thirtieth day thereafter (Register 57, No.
				  4).
2. Repealer filed 8-21-63; designated effective 9-20-63
				  (Register 63, No. 14).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2767 - Time Limit After Renewal License Examination. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 2-19-57; effective thirtieth day thereafter (Register 57, No.
				  4).
2. Repealer filed 11-21-61; effective thirtieth day thereafter
				  (Register 61, No. 23).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 8 - Examinations › Section 2768 - Time Limits for Taking Examinations for Renewable Licenses. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 5-16-57; effective thirtieth day thereafter (Register 57, No.
				  8).
2. Repealer filed 8-21-63; designated effective 9-20-63
				  (Register 63, No. 14).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 9 - Signs and Advertising › Section 2770 - Electronic Communication-Advertising and Dissemination of Information on the Internet

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				following definitions shall apply for the purposes of this section:
(1) "Customer" means the person located
				within the State of California on whose behalf a service is provided or offered
				or to whom an advertisement is directed.
(2) "Services" means any activity for which a
				real estate license in required and which is offered or provided to a customer
				located within this state.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 9 - Signs and Advertising › Section 2770.1 - Advertising-License Designation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Use of the terms broker, agent, Realtor, loan correspondent
				  or the abbreviations bro., agt., or other similar terms or abbreviations, is
				  deemed sufficient identification to fulfill the designation requirements of
				  Section
				  10140.6(a)
				  and (c) of the Business and Professions
				  Code.
Use of the terms and abbreviations set forth above does not
				  satisfy the requirements of Sections
				  10235.5 and
				  17539.4 of the
				  Code.
1. New section
				  filed 9-17-65; effective thirtieth day thereafter (Register 65, No.
				  17).
2. Amendment of section and NOTE filed 4-1-93; operative 5-1-93
				  (Register 93, No. 14).
3. Amendment filed 7-27-2011; operative
				  8-26-2011 (Register 2011, No. 30).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 10140.6,
					 10235.5
					 and
					 17539.4,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 9 - Signs and Advertising › Section 2771 - Size and Location of Sign. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
				  filed 11-19-69; designated effective 1-2-70 (Register 69, No. 47). For prior
				  history, see Register 68, No. 39.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 9 - Signs and Advertising › Section 2771.6 - Sign Requirements for Partners. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 10-14-68; effective thirtieth day thereafter (Register 68, No.
				  39).
2. Repealer filed 11-19-69; designated effective 1-2-70
				  (Register 69, No. 47).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 9 - Signs and Advertising › Section 2772 - Wording of Sign. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-13-50; effective thirtieth day thereafter (Register 22, No.
				  4).
2. Amendment filed 9-17-65; designated effective 1-2-66
				  (Register 65, No. 17).
3. Repealer filed 11-19-69; designated
				  effective 1-2-70 (Register 69, No. 47).
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 9 - Signs and Advertising › Section 2773 - Disclosure of License Identification Number on Solicitation Materials - First Point of Contact with Consumers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A real estate broker or salesperson, when
				engaging in acts for which a license is required, shall disclose its, his or
				her eight (8) digit real estate license identification number and responsible
				broker's name as currently licensed, and may, but is not required to, also
				include the responsible broker's license identification number, on all
				solicitation materials intended to be the first point of contact with
				consumers. If the name of more than one licensee appears in the solicitation,
				the license identification number of each licensee shall be disclosed. The
				license identification numbers of responsible brokers or corporate brokers
				whose names, logos or trademarks appear on solicitation materials along with
				the names and license numbers of salespersons or broker associates do not need
				to appear on those materials. If the advertising is in written form, the type
				size of the license identification number shall be no smaller than the smallest
				size type used in the solicitation material.
Solicitation materials intended to be the first point of
				  contact with consumers, and in which a licensee must disclose a license
				  identification number, include the following:
(1) Business cards;
(2) Stationery;
(3) Websites owned, controlled, and/or
				maintained by the soliciting real estate licensee;
(4) Promotional and advertising flyers,
				brochures, postal mail, leaflets, and any marketing or promotional materials
				designed to solicit the creation of a professional relationship between the
				licensee and a consumer, or which is intended to incentivize, induce or entice
				a consumer to contact the licensee about any service for which a license is
				required;
(5) Advertisements in
				electronic media (including, without limitation, internet, email, radio,
				cinema, and television advertisements, and the opening section of streaming
				video and audio);
(6) Print
				advertising in any newspaper or periodical; and
(7) "For sale," "for rent," "for lease,"
				"open house," and directional signs that display the name of the
				licensee.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 10 - Discrimination and Panic Selling › Section 2781 - Panic Selling as the Basis for Disciplinary Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prohibited discriminatory conduct includes, but is not
				  limited to, soliciting sales or rental listings, making written or oral
				  statements creating fear or alarm, transmitting written or oral warnings or
				  threats, or acting in any other manner so as to induce or attempt to induce the
				  sale or lease of real property through any representation, express or implied,
				  regarding the present or prospective entry of one or more persons of another
				  race, color, sex, religion, ancestry, marital status or national origin into an
				  area or neighborhood.
1. Amendment
				  filed 12-3-80; effective thirtieth day thereafter (Register 80, No.
				  49).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Section
					 125.6,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 10 - Discrimination and Panic Selling › Section 2782 - Duty to Supervise. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 4-24-78; effective thirtieth day thereafter (Register 78, No.
				  17).
2. Amendment of subsection (a) filed 12-1-81; designated
				  effective 1-1-82 (Register 81, No. 49).
3. Repealer of section and
				  amendment of NOTE filed 11-13-96; operative 11-13-96 pursuant to Government
				  Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 10080,
					 Business and Professions Code. Reference: Sections
					 125.6,
					 10159.2,
					 and
					 10177(h),
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 11 - Licensee Ethics › Section 2785 - Improper Influence of Real Property Appraisers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In conformance with Civil Code section
				1090.5, real
				estate licensees engaged in a real estate transaction involving an appraisal
				shall not improperly influence or attempt to improperly influence the
				development, reporting, result, or review of a real estate appraisal sought in
				connection with a mortgage loan. For the purposes of the Real Estate Law,
				"improper influence" as the term is used in Civil Code section
				1090.5,
				includes but is not limited to:
(1)
				withholding or threatening to withhold timely payment or partial payment for a
				completed appraisal report, regardless of whether a sale or financing
				transaction closes;
(2) withholding
				or threatening to withhold future business from an appraiser, or demoting or
				terminating or threatening to demote or terminate an appraiser;
(3) expressly or impliedly promising future
				business, promotions, or increased compensation for an appraiser;
(4) conditioning the ordering of an appraisal
				report or the payment of an appraisal fee or salary or bonus on the opinion,
				conclusion, or valuation to be reached, or on a preliminary value estimate
				requested from an appraiser;
(5)
				requesting that an appraiser provide an estimated, predetermined, or desired
				valuation in an appraisal report prior to the completion of the appraisal
				report, or requesting that an appraiser provide estimated values or comparable
				sales at any time prior to the appraiser's completion of an appraisal
				report;
(6) providing to an
				appraiser an anticipated, estimated, encouraged, or desired value for a subject
				property or a proposed or target amount to be loaned to the borrower, except
				that a copy of the sales contract for purchase transactions may be
				provided;
(7) requesting the
				removal of language related to observed physical, functional or economic
				obsolescence, or adverse property conditions noted in an appraisal
				report;
(8) providing to an
				appraiser, appraisal company, or appraisal management company, stock or other
				financial or non-financial benefits.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2790 - Application for Public Report

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An application for a public report whether it includes a
				  completed questionnaire or consists only of a notice of intention shall be made
				  on a form prescribed by the Bureau and shall be submitted to the Bureau with
				  the applicable filing fee. The application shall be executed by or on behalf of
				  the person to whom the public report is to be issued. If executed within
				  California, the information in the application and the documents submitted
				  therewith shall be certified to be true under penalty of perjury or verified
				  before a notary public or other person qualified to administer oaths. If
				  executed outside of California, the information in the application and
				  accompanying documents shall be verified before a person qualified to
				  administer oaths within the jurisdiction where executed, or certified under
				  penalty of perjury in accordance with the provisions of subdivision (b) of
				  Section
				  2015.5
				  of the Code of Civil Procedure.
1. Amendment
				  filed 10-14-68; effective thirtieth day thereafter (Register 68, No.
				  39).
2. Amendment filed 12-10-71; effective thirtieth day thereafter
				  (Register 71, No. 50).
3. Repealer and new section filed 7-1-83;
				  effective thirtieth day thereafter (Register 83, No. 30).
4.
				  Amendment of subsection (a) filed 11-11-84; effective thirtieth day thereafter
				  (Register 84, No. 2).
5. Amendment filed 2-26-85; effective
				  thirtieth day thereafter (Register 85, No. 9).
6. Change without
				  regulatory effect amending section filed 6-30-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 27).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Sections
					 11010
					 and
					 11011,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2790.1 - Filing Fees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 1-16-79; effective thirtieth day thereafter (Register 79, No. 3). For
				  prior history, see Register 74, No. 49.
2. Amendment filed 1-17-80;
				  effective thirtieth day thereafter (Register 80, No. 3).
3.
				  Amendment filed 12-3-80; effective thirtieth day thereafter (Register 80, No.
				  49).
4. Amendment filed 12-22-81; designated effective 2-1-82
				  (Register 81, No. 52).
5. Amendment filed 8-10-82; effective
				  thirtieth day thereafter (Register 82, No. 33).
6. Amendment filed
				  1-9-85; effective thirtieth day thereafter (Register 85, No. 2).
7.
				  Amendment of section and NOTE filed 12-7-94; operative 1-6-95 (Register 94, No.
				  49).
8. New subsection (c) and amendment of NOTE filed 12-30-97;
				  operative 1-29-98 (Register 98, No. 1).
9. Amendment and
				  redesignation of first paragraph as subsection (a), new subsections
				  (a)(1)-(a)(11), and subsection relettering filed 6-18-98; operative 8-1-98.
				  Submitted to OAL for printing only pursuant to Business and Professions Code
				  section
				  10226
				  (Register 98, No. 26).
10. Amendment of subsections (a)(2)-(3) and
				  (a)(8)-(11) filed 6-1-99; amended and refiled 7-14-99; operative 8-1-99.
				  Submitted to OAL for printing only pursuant to Business and Professions Code
				  section
				  10226
				  (Register 99, No. 29).
11. Amendment of subsections (a)(2), (a)(3)
				  and (a)(8)-(11) filed 5-16-2001; operative 6-15-2001 (Register 2001, No.
				  20).
12. Amendment of subsection (d) filed 6-20-2002; operative
				  7-20-2002 (Register 2002, No. 25).
13. Repealer filed 5-1-2007;
				  operative 5-31-2007 (Register 2007, No. 18).
Note: Authority cited: Sections
					 11001
					 and
					 11011,
					 Business and Professions Code. Reference: Sections
					 11004.5,
					 11010
					 and
					 11011,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2790.1.5 - Filing Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				subdivision filing fees for an application for a public report shall be the
				following:
(1) A notice of intention without a
				completed questionnaire: One hundred fifty dollars ($150).
(2) An original public report for subdivision
				interests described in Section
				11004.5: One thousand seven
				hundred dollars ($1,700) plus ten dollars ($10) for each subdivision interest
				to be offered.
(3) An original
				public report for subdivision interests other than those described in Section
				11004.5: Six hundred dollars
				($600) plus ten dollars ($10) for each subdivision interest to be
				offered.
(4) A conditional public
				report for subdivision interests described in Section
				11004.5: Five hundred dollars
				($500).
(5) A conditional public
				report for subdivision interests other than those described in Section
				11004.5: Five hundred dollars
				($500).
(6) A preliminary public
				report for subdivision interests described in Section
				11004.5: Five hundred dollars
				($500).
(7) A preliminary public
				report for subdivision interests other than those described in Section
				11004.5: Five hundred dollars
				($500).
(8) A renewal public report
				for subdivision interests described in Section
				11004.5: Six hundred dollars
				($600).
(9) A renewal public report
				for subdivision interests other than those described in Section
				11004.5: Six hundred dollars
				($600).
(10) An amended public
				report for subdivision interests described in Section
				11004.5: Five hundred dollars
				($500) plus ten dollars ($10) for each subdivision interest to be offered under
				the amended public report for which a fee has not previously been
				paid.
(11) An amended public report
				to offer subdivision interests other than those described in Section
				11004.5: Five hundred dollars
				($500) plus ten dollars ($10) for each subdivision interest to be offered under
				the amended public report for which a fee has not previously been
				paid.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2790.2 - Conditional Public Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for an original, renewed or
				amended Final Public Report for a subdivision of the type not described in
				Section 11000.1 of the Code may also apply
				for a Conditional Public Report for the subdivision.
(b) An applicant for a Conditional Public
				Report shall submit the following information and documents with the applicable
				filing fee
:
(1) A copy of the
				statement set forth in Section
				11018.12(f) which
				the applicant proposes to use.
(2)
				An exemplar sales agreement or lease to be used in any transaction conducted
				under authority of the Conditional Public Report. Such sales agreement or lease
				shall include the following provisions:
(A) As
				a condition of the sale or lease that no escrow will close, funds will not be
				released from escrow and the interest contracted for will not be conveyed until
				a current Final Public Report for the subdivision is furnished to the
				purchaser.
(B) The return of the
				entire sum of money paid or advanced by the purchaser if a Final Public Report
				for the subdivision has not been issued within six months of the date of
				issuance of the Conditional Public Report or the purchaser or lessee is
				dissatisfied with the Final Public Report because of a change pursuant to
				Section 11012.
(3) An exemplar of escrow instructions to be
				used in any transaction conducted under authority of the Conditional Public
				Report which includes at least the following:
(A) The name and address of the escrow
				depository.
(B) A description of
				the nature of the transaction.
(C)
				Provisions ensuring compliance with Section
				11013.2(a) or
				11013.4(a) of the
				Code.
(D) Provisions ensuring that
				no escrow will close, funds will not be released from escrow and the interest
				contracted for will not be conveyed until a current Final Public Report for the
				subdivision is furnished to the purchaser or lessee.
(E) Provisions for the return of money as
				prescribed in subsection (2)(B) above.
(4) For a subdivision described in Section
				11004.5 of the Code, in addition
				to the requirements set forth above:
(A)
				Information and documents demonstrating that reasonable arrangements have been
				made to assure completion of the subdivision and all offsite improvements
				included in the offering.
(B)
				Information and documents demonstrating that the applicant has complied with
				Section 11018.5(a)(2) of
				the Code for the subdivision.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2790.4 - Questionnaire Waiver-Rural Housing Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The submission of a completed questionnaire shall be waived
				  pursuant to subdivision (c) of Section
				  11010 of the Code for a proposed
				  subdivision offering that satisfies all of the following criteria:
(a) Except as provided in (d) below, the
				division of the land is not a subdivision as defined in Sections
				11000.1, or
				11004.5 of the Code.
(b) The financing of the purchase or lease of
				lots and parcels will be provided exclusively by the Rural Housing Service
				pursuant to Section
				502 of the Housing Act of 1949
				(42 U.S.C. Section
				1472) as amended.
(c) Lots and parcels will be developed and
				improved with residential structures exclusively through technical assistance
				grants to nonprofit agencies pursuant to Section
				523 of the Housing Act of 1949
				(42 U.S.C. Section
				1490(c)) as
				amended.
(d) If the proposed
				offering is a planned development subdivision within the meaning of subdivision
				(a) of Section
				11004.5 of the Code, the
				submission of a completed questionnaire shall be waived if the applicant,
				pursuant to subdivision (b)(14) of Section
				11010 of the Code, submits the
				following for the subdivision:
(1) Governing
				instruments for the subdivision and the association of owners.
(2) Detailed budget reflecting estimated
				costs of ownership, operation and maintenance expenses and reserves for the
				subdivision.
(3) Evidence that
				common areas and facilities have been or will be conveyed free of liens and
				encumbrances, to the association of owners or to the owners as tenants in
				common.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2790.5 - Phased Senior Citizen Housing Developments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An applicant for a public report may
				qualify a proposed project as a senior citizen housing development, even though
				there are an insufficient number of dwelling units in the initial phase of the
				project to satisfy the statutory definition of the term as set forth in Section
				51.3 of the
				Civil Code, by complying with the provisions of Section
				11010.05 of the Code.
(b) The submission of documentation of the
				following items shall be deemed to have satisfied the requirements of
				subdivision (c) of Section
				11010.05 of the Code.
(1) A preliminary title report or policy of
				title insurance showing that the applicant holds fee title, a long-term
				leasehold interest, or other evidence of controlling interest in the property
				to be annexed to the first phase, and any subsequent phase, of the subdivision,
				such as an irrevocable option, as being vested in the applicant.
(2) A covenant, recorded in the office of the
				appropriate county recorder, limiting use on the land proposed to be annexed to
				a senior citizen housing development.
(3) A certification from the appropriate
				local authority that the land proposed to be annexed is sufficient in size to
				construct the number of additional units necessary to qualify the project as a
				senior citizen housing development as that term is defined in Section
				51.3(b)(4)
				of the Civil Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2790.6 - Separate Review of Declarations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The filing fee to review a declaration as described in
				  Section 11010.10 of the Code shall be the
				  maximum fee set forth in Section
				  11011 of the
				  Code.
1. New section
				  filed 6-20-2002; operative 7-20-2002 (Register 2002, No. 25). For prior
				  history, see Register 61, No. 15.
Note: Authority cited: Sections
					 11001
					 and
					 11011,
					 Business and Professions Code. Reference: Section
					 11010.10,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2790.7 - General Housing Information - for Research and Statistical Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As a part of any application required by Section
				  11010 of the Code (application),
				  each applicant for a final subdivision public report shall, prior to the
				  issuance of the final subdivision public report, complete and submit general
				  housing information to be used solely for statistical and research purposes.
				  Evidence of submission of the information shall be included in the application
				  file, but the information is not a part of the application or its file. A copy
				  of the information will not be included or retained in the application or its
				  file. The information will not be used in any decision controlling the issuance
				  of any public report. Once submitted, the data provided will be incorporated
				  into the statistical database, and the original information provided will be
				  permanently deleted. Unless otherwise established by an amendment to this
				  regulation, the applicant must provide only the following information: the city
				  and/or county in which the subdivision is located; the zip code; the total
				  acreage; the estimated average number of lots, units or parcels proposed for
				  each phase; whether lots, units or parcels will be offered vacant or with
				  completed residential structures; the anticipated date of the first close of
				  escrow; the estimated average lot/parcel size; the estimated average sale price
				  of the lots, units or parcels; the number of bedrooms, the estimated average
				  square footage and parking arrangements for the residential structures; the
				  prior use of the property (improved or unimproved); and, if the applicant
				  originally entitled the project, the number of lots, units or parcels requested
				  of local government and the total number of lots, units or parcels approved by
				  local government.
1. New section
				  filed 8-2-2006; operative 9-1-2006 (Register 2006, No. 31). For prior history,
				  see Register 85, No. 2.
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Section
					 11010,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2791 - Purchase Money Disbursements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Contract proposed to be used by an
				applicant for a public report (Subdivider) for the sale or lease of subdivision
				interests shall provide that if the escrow for sale or lease of a subdivision
				interest does not close on or before the date set forth in the contract, or a
				later closing date mutually agreed to by subdivider and the prospective buyer
				or lessee (Buyer), within 15 days after the closing date set forth in the
				contract or an extended closing date mutually agreed to by Subdivider and
				Buyer, Subdivider shall, except as provided in subdivision (c), order all of
				the money remitted by Buyer under the terms of the Contract for acquisition of
				the subdivision interest (Purchase Money) to be refunded to Buyer.
(b) The Contract may provide for
				disbursements or charges to be made against Purchase Money for payments to
				third parties for credit reports, escrow services, preliminary title reports,
				appraisals and loan processing services by such parties provided that the
				Contract includes:
(1) specific enumeration
				of all of the disbursements or charges that may be made against Purchase Money,
				and
(2) the Subdivider's estimate
				of the total amount of such disbursements and charges.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2791.1 - Purchase Money Impounds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				amount of the money paid or advanced by a prospective buyer or lessee toward
				the purchase or lease of a subdivision interest (Purchase Money) that must be
				deposited and retained in an escrow depository or trust account pursuant to
				Section 11013.2(a) or
				11013.4(a) of the
				Code shall ordinarily be the entire amount of the Purchase Money less
				disbursements made to third parties for services enumerated in subdivision (b)
				of Regulation 2791.
(b) For
				purposes of compliance with Section
				11013.2(a) of the
				Code:
(1) A proper release has not ben
				obtained from a deed of trust encumbering subdivision lots or parcels unless an
				instrument has been duly recorded unconditionally reconveying and releasing the
				lot or lots being sold or leased from the lien or charge of such deed of
				trust.
(2) As an alternative to
				obtaining a proper release from the lien or charge of such deed of trust, it
				shall be deemed acceptable by the commissioner, pursuant to the provisions of
				Section 11013.2(d) of the
				Code, if:
(A) the holder of the deed of trust
				has duly executed an agreement or demand ("release agreement") wherein the
				holder has agreed, notwithstanding any provision to the contrary in the deed of
				trust, to promptly perform any act reasonably necessary to record an instrument
				unconditionally reconveying and releasing the subdivision lots or parcels being
				sold from the lien or charge of the deed of trust upon payment to the holder of
				an amount or amounts specified in the release agreement as the release price
				for the affected subdivision lots or parcels, and the holder has further agreed
				that specific performance of the terms and provisions of the release agreement
				shall be compelled in favor of the purchaser or lessee of the lot or
				lots;
(B) the release agreement has
				been deposited with the escrow holder for the transaction(s);
(C) the subdivider has notified each
				purchaser or lessee that the release agreement is available upon request from
				the escrow holder; and
(D) each
				purchaser or lessee has been provided a policy of title insurance insuring the
				purchaser or lessee against loss by reason of the deed of
				trust.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2791.2 - Bond Alternative to Purchase Money Impound

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The penal sum of a bond or bonds furnished by or on behalf of
				  a subdivider pursuant to Section
				  11013.2(c) or
				  Section 11013.4(b) or (c)
				  of the Code shall ordinarily be not less than the aggregate amount of the money
				  paid or advanced toward the purchase or lease of subdivision interests for
				  which the subdivider is accountable to prospective purchasers or lessees less
				  the sum of the amount held in escrow depositories or trust accounts pursuant to
				  Section 11013.2(a) or
				  Section 11013.4(a) of the
				  Code and the disbursements made to third parties for services enumerated in
				  subdivision (b) of Regulation 2791.
1. Repealer
				  and new section filed 12-3-80; effective thirtieth day thereafter (Register 80,
				  No. 49). For prior history, see Register 65, No. 17.
2. Amendment
				  filed 1-21-83; effective thirtieth day thereafter (Register 83, No.
				  4).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Sections
					 11013.2
					 and
					 11013.4,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2791.3 - Lien and Completion Bonds for Onsite Construction Work

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The penal sum of a bond or bonds furnished by or on behalf of
				  a subdivider pursuant to Section
				  11013.4(d)(2) of
				  the Code shall ordinarily be not less than 120 percent of the estimate of the
				  total cost of the onsite construction work to be completed on the subdivision
				  interest being offered for sale or lease.
1. New section
				  filed 9-5-2003; operative 10-5-2003 (Register 2003, No. 36). For prior history,
				  see Register 96, No. 46.
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Section
					 11013.4,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2791.4 - Acceptable Escrow Depositories

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following entities which are
				qualified to do business in the State of California are escrow depositories
				acceptable to the Commissioner under Sections
				11013.2 and
				11013.4 of the Code: escrow agents
				licensed by the Corporations Commissioner, banks, trust companies, savings and
				loan associations, title insurers and underwritten title companies.
(b) In exceptional circumstances the
				Commissioner may approve an escrow depository other than an entity enumerated
				in subdivision (a).
1. Repealer
				  and new section filed 12-3-80 effective thirtieth day thereafter (Register 80,
				  No. 49). For prior history, see Register 77, No.
				  49.
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Sections
					 11013.2,
					 11013.4,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2791.6 - Acceptable Trustees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A trust company as defined in Section
				  107 of the
				  Financial Code which is qualified to do business in California is a trustee
				  acceptable to the Commissioner to hold title to a subdivision under Section
				  11013.2(b) and
				  other applicable provisions of the Subdivided Lands Law. In exceptional
				  circumstances the Commissioner may approve a trustee other than a trust company
				  as defined in Section
				  107 of the
				  Financial Code.
1. New section
				  filed 12-3-80; effective thirtieth day thereafter (Register 80, No.
				  49).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Section
					 11013.2,
					 Business and Professions Code.
California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 12 - Subdivisions › Section 2791.7 - Purchase Money Protection for Exempt Subdivisions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 12-3-80; effective thirtieth day thereafter (Register 80, No.
				  49).
2. Repealer filed 11-13-96; operative 11-13-96 pursuant to
				  Government Code section
				  11343.4(d)
				  (Register 96, No. 46).
Note: Authority cited: Section
					 11001,
					 Business and Professions Code. Reference: Sections
					 11013.2
					 and
					 11013.4,
					 Business and Professions Code.