Title BPC, California Bus. & Prof. Code

“Person” includes corporation, company and firm. (Amended by Stats. 1968, Ch. 75.)

“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.)

“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.)

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 …

“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.)

“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.)

(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 th…

“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.)

“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.)

“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 ot…

“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.)

“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.)

“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 re…

“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.)

“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.)

“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. “Res…

“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.)

“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…

“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.…

“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. “…

“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.)

“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.)

“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 prel…

“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.)

“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 …

“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 plann…

“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…

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 Se…

“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.)

“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.)

“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 estat…

“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 compens…

“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…

“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 wi…

“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.)

“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.)

(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 s…

The term “listing” as used in this part includes, but is not limited to: (a) The name or a list of the names, of the owners, landlords, exchangers, or lessors, or the location or locations, of property, or of an interest in property, offered for rent, sale, lease, or exchange, wh…

“Trust deed” or “deed of trust” as used in this part includes “mortgage.” (Added by Stats. 1961, Ch. 886.)

“Real property sales contract” as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year fr…

As used in this part, the words “business opportunity” shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity. (Amended by Stats. 1969, Ch. 216.)

(a) All obligations created under Section 10000, and following, all regulations issued by the commissioner relating to real estate salespersons, and all other obligations of brokers and real estate salespersons to members of the public shall apply regardless of whether the real e…

Neither Section 10185 nor any other provision of this part which makes violation of this part a crime shall be construed to preclude application of any other criminal provision of the law of this state to an act or omission which constitutes a violation of this part. (Added by St…

The department is comprised of the following: (a) The Dental Board of California. (b) The Medical Board of California. (c) The California State Board of Optometry. (d) The California State Board of Pharmacy. (e) The Veterinary Medical Board. (f) The California Board of Accountanc…

The boards, bureaus, and commissions in the department are established for the purpose of ensuring that those private businesses and professions deemed to engage in activities which have potential impact upon the public health, safety, and welfare are adequately regulated in orde…