0 chapters · 8,612 sections in this title.
Bus. & Prof. Code § 10130 Section 10130
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It is unlawful for any person to engage in the business of, act in the capacity of, advertise as, or assume to act as a real estate broker or a real estate salesperson within this state without first obtaining a real estate license from the department, or to engage in the busines…
Bus. & Prof. Code § 10131 Section 10131
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A real estate broker within the meaning of this part is a person who, for a compensation or in expectation of a compensation, regardless of the form or time of payment, does or negotiates to do one or more of the following acts for another or others: (a) Sells or offers to sell, …
Bus. & Prof. Code § 10131.01 Section 10131.01
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(a) Subdivision (b) of Section 10131 does not apply to (1) the manager of a hotel, motel, auto and trailer park, to the resident manager of an apartment building, apartment complex, or court, or to the employees of that manager, or (2) any person or entity, including a person emp…
Bus. & Prof. Code § 10131.1 Section 10131.1
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(a) A real estate broker within the meaning of this part is also a person who engages as a principal in the business of making loans or buying from, selling to, or exchanging with the public, real property sales contracts or promissory notes secured directly or collaterally by li…
Bus. & Prof. Code § 10131.2 Section 10131.2
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A real estate broker within the meaning of this part is also a person who engages in the business of claiming, demanding, charging, receiving, collecting or contracting for the collection of an advance fee in connection with any employment undertaken to promote the sale or lease …
Bus. & Prof. Code § 10131.3 Section 10131.3
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A real estate broker within the meaning of this part is also a person who, for another or others, for compensation or in expectation of compensation, issues or sells, solicits prospective sellers or purchasers of, solicits or obtains listings of, or negotiates the purchase, sale,…
Bus. & Prof. Code § 10131.4 Section 10131.4
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A real estate broker within the meaning of this part is also a person who acts for another or others for compensation or in expectation of compensation, to do one or more of the following acts: (a) To sell or offer for sale, buy or offer to buy, solicit prospective sellers or pur…
Bus. & Prof. Code § 10131.45 Section 10131.45
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A real estate broker within the meaning of this part is also a person who engages in the following businesses as a principal: (a) Except as provided in subdivision (d) of Section 10133.35, buying or leasing, or taking an option on mineral, oil, or gas property for the purpose of …
Bus. & Prof. Code § 10131.5 Section 10131.5
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A nonresident of California may become a real estate broker by conforming to all of the provisions of this part.
Bus. & Prof. Code § 10131.6 Section 10131.6
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(a) Notwithstanding any other provision of law, a person licensed as a real estate broker may sell or offer to sell, buy or offer to buy, solicit prospective purchasers of, solicit or obtain listings of, or negotiate the purchase, sale, or exchange of any manufactured home or mob…
Bus. & Prof. Code § 10131.7 Section 10131.7
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It is unlawful for any real estate licensee acting under authority of Section 10131.6 to do any of the following: (a) To advertise or offer for sale in any manner any manufactured home or mobilehome, unless it is either in place on a lot rented or leased for human habitation with…
Bus. & Prof. Code § 10133 Section 10133
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(a) The acts described in Section 10131 are not acts for which a real estate license is required if performed by: (1) A regular officer of a corporation or a general partner of a partnership with respect to real property owned or leased by the corporation or partnership, respecti…
Bus. & Prof. Code § 10133.1 Section 10133.1
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(a) Subdivisions (d) and (e) of Section 10131, Section 10131.1, Article 5 (commencing with Section 10230), and Article 7 (commencing with Section 10240) of this code and Section 1695.13 of the Civil Code do not apply to any of the following: (1) Any person or employee thereof doi…
Bus. & Prof. Code § 10133.15 Section 10133.15
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The provisions of Article 5 (commencing with Section 10230) and Article 7 (commencing with Section 10240) do not apply to any person whose business is that of acting as an authorized representative, agent, or loan correspondent of any person or employee thereof doing business und…
Bus. & Prof. Code § 10133.2 Section 10133.2
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The provisions of Sections 10016, 10131, 10131.1, and 10132 do not apply to any stenographer, bookkeeper, receptionist, telephone operator, or other clerical help in carrying out their functions as such.
Bus. & Prof. Code § 10133.3 Section 10133.3
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The provisions of Sections 10131 and 10131.2 relating to business opportunities do not apply to any person, partnership, corporation, or other legal entity which for another or others sells or offers to sell, solicits prospective sellers or purchasers of, solicits or obtains list…
Bus. & Prof. Code § 10133.35 Section 10133.35
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A real estate broker’s license shall not be required to engage in any of the following activities with respect to a mineral, oil, or gas property: (a) To act as a depository under an oil lease, gas lease, or oil and gas lease other than for purpose of sale. (b) To engage in any t…
Bus. & Prof. Code § 10133.4 Section 10133.4
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(a) The provisions of subdivision (b) of Section 10131 do not apply to persons acting in the capacity of a film location representative in connection with a transaction which complies with the requirements of subdivision (c). (b) As used in this section: (1) “Film location repres…
Bus. & Prof. Code § 10133.45 Section 10133.45
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(a) Subdivisions (a) and (b) of Section 10131 do not apply to persons acting in the capacity of an outdoor advertising representative in connection with a transaction described in subdivision (c). (b) For purposes of this section, “outdoor advertising representative” means an emp…
Bus. & Prof. Code § 10133.5 Section 10133.5
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The provisions of Article 5 (commencing with Section 10230) do not apply to any person who is an approved lender, mortgagee, seller, or servicer for the Federal Housing Administration, United States Department of Veterans Affairs, Farmers Home Administration, Government National …
Bus. & Prof. Code § 10135 Section 10135
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When a lease or leasing is referred to in this article, it includes any lease, whether such lease is the sole transaction involved, or the principal or an incidental part of the transaction involved.
Bus. & Prof. Code § 10136 Section 10136
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No person engaged in the business or acting in the capacity of a real estate broker or a real estate salesperson within this state shall bring or maintain any action in the courts of this state for the collection of compensation for the performance of any of the acts mentioned in…
Bus. & Prof. Code § 10137 Section 10137
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It is unlawful for any licensed real estate broker to retain, compensate, directly or indirectly, any person for performing any of the acts within the scope of this chapter who is not a licensed real estate broker, or a real estate salesperson licensed under the responsible broke…
Bus. & Prof. Code § 10137.1 Section 10137.1
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Nothing contained in this division shall preclude a partnership from performing acts for which a real estate broker license is required, provided every partner through whom the partnership so acts is a licensed real estate broker.
Bus. & Prof. Code § 10138 Section 10138
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It is a misdemeanor, punishable by a fine of not exceeding one hundred dollars ($100) for each offense, for any person, whether obligor, escrowholder or otherwise, to pay or deliver to anyone a compensation for performing any of the acts within the scope of this chapter, who is n…
Bus. & Prof. Code § 10139 Section 10139
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Any person acting as a real estate broker, real estate salesperson, or mortgage loan originator without a license or license endorsement, or who advertises using words indicating that he or she is a real estate broker, real estate salesperson, or mortgage loan originator without …
Bus. & Prof. Code § 10140 Section 10140
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Every officer, agent or employee of any company, and every other person who knowingly authorizes, directs or aids in the publication, advertisement, distribution or circularization of any false statement or representation concerning any land or subdivision thereof, as defined in …
Bus. & Prof. Code § 10140.5 Section 10140.5
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Each advertisement or other statement which is published by a real estate broker or salesperson offering to assist persons to file applications for the purchase or lease of, or to locate or enter upon, lands owned by the state or federal government shall, when published, indicate…
Bus. & Prof. Code § 10140.6 Section 10140.6
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(a) A real estate licensee shall not publish, circulate, distribute, or cause to be published, circulated, or distributed in any newspaper or periodical, or by mail, any matter pertaining to any activity for which a real estate license is required that does not contain a designat…
Bus. & Prof. Code § 10140.8 Section 10140.8
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(a) (1) A real estate broker or salesperson, or person acting on their behalf, who includes a digitally altered image in an advertisement or other promotional material for the sale of real property shall include in the advertisement or promotional material a statement disclosing …
Bus. & Prof. Code § 10141 Section 10141
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Within one month after the closing of a transaction in which title to real property or in the sale of a business when real or personal property is conveyed from a seller to a purchaser through a licensed real estate broker, such broker shall inform or cause the information to be …
Bus. & Prof. Code § 10141.5 Section 10141.5
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Within one week after the closing of a transaction negotiated by a real estate broker in which title to real property is conveyed from a seller to a purchaser and a deed of trust secured by real property is executed, such broker shall cause such deed of trust to be recorded with …
Bus. & Prof. Code § 10141.6 Section 10141.6
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(a) A real estate broker who engages in escrow activities for five or more transactions in a calendar year pursuant to the exemption from the Escrow Law contained in Section 17006 of the Financial Code, or whose escrow activities pursuant to that exemption equal or exceed one mil…
Bus. & Prof. Code § 10142 Section 10142
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When a licensee prepares or has prepared an agreement authorizing or retaining that licensee to perform any of the acts for which he or she is required to hold a license, or when that licensee secures the signature of any person to any contract pertaining to those services or tra…
Bus. & Prof. Code § 10143.5 Section 10143.5
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Any real estate broker who assists another or others, or whose real estate salespersons assist another or others, for a compensation, in filing an application for the purchase or lease of, or in locating or entering upon, lands owned by the state or federal government shall repor…
Bus. & Prof. Code § 10144 Section 10144
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The commissioner may prescribe by regulation the information which shall be contained in contracts or other agreements by a real estate licensee to assist another or others in filing an application for the purchase or lease of, or in locating or entering upon, lands owned by the …
Bus. & Prof. Code § 10145 Section 10145
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(a) (1) A real estate broker who accepts funds belonging to others in connection with a transaction subject to this part shall deposit all those funds that are not immediately placed into a neutral escrow depository or into the hands of the broker’s principal, into a trust fund a…
Bus. & Prof. Code § 10146 Section 10146
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Any real estate broker who contracts for or collects an advance fee from any other person, hereinafter referred to as the “principal,” shall deposit any such amount or amounts, when collected in a trust account with a bank or other recognized depository. Such funds are trust fund…
Bus. & Prof. Code § 10147 Section 10147
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(a) On or before January 1, 1993, the Alfred E. Alquist Seismic Safety Commission shall develop, adopt, and publish a Commercial Property Owner’s Guide to Earthquake Safety for distribution to licensees for purposes of Section 2079.9 of the Civil Code and, upon request, to any me…
Bus. & Prof. Code § 10147.5 Section 10147.5
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(a) Any printed or form agreement that initially establishes, or is intended to establish, or alters the terms of any agreement that previously established a right to compensation to be paid to a real estate licensee for the sale of residential real property containing not more t…
Bus. & Prof. Code § 10147.6 Section 10147.6
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(a) Any licensee who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other form of mortgage loan forbearance for a fee or other form of compensation paid by the borrower, shall provide the following …
Bus. & Prof. Code § 10148 Section 10148
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(a) A licensed real estate broker shall retain for three years copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed by the broker or obtained by the broker in connection with any transactions for which a real estate broker license…
Bus. & Prof. Code § 10149 Section 10149
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(a) The Alfred E. Alquist Seismic Safety Commission shall develop, adopt, and publish a Homeowner’s Guide to Earthquake Safety for distribution to licensees for purposes of Section 2079.8 of the Civil Code and, upon request, to any member of the general public. (b) In revising th…
Bus. & Prof. Code § 10150 Section 10150
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(a) Application for the real estate broker license examination shall be made in writing to the commissioner. The commissioner may prescribe the format and content of the broker examination application. The application for the broker examination shall include valid contact informa…
Bus. & Prof. Code § 10150.6 Section 10150.6
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(a) In addition to satisfying the other requirements of this article, and except as provided in subdivisions (b) and (c), an applicant for an original real estate broker’s license shall demonstrate to the Real Estate Commissioner that they have held a real estate salesperson’s li…
Bus. & Prof. Code § 10151 Section 10151
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(a) Application for the real estate salesperson license examination shall be made in writing to the commissioner. The commissioner may prescribe the format and content of the salesperson examination application. The application for the salesperson examination shall include valid …
Bus. & Prof. Code § 10151.2 Section 10151.2
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(a) For purposes of this section, “member of the Armed Forces of the United States” includes the following persons and no others: all members of the United States Army, the United States Navy, the United States Air Force, the United States Space Force, the Marine Corps, the Merch…
Bus. & Prof. Code § 10151.3 Section 10151.3
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The Department of Real Estate shall compile information on military, veteran, and spouse licensure into an annual report for the Legislature, which shall be submitted in conformance with Section 9795 of the Government Code. The report shall include all of the following: (a) The n…
Bus. & Prof. Code § 10151.5 Section 10151.5
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(a) An applicant who is not a resident of this state shall be eligible for a real estate license provided (1) the applicant qualifies for licensure under this chapter, including Section 10162, and (2) the state or other jurisdiction that is the place of residence of the applicant…
Bus. & Prof. Code § 10152 Section 10152
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(a) The commissioner may require any other proof he or she may deem advisable concerning the honesty and truthfulness of an applicant for a real estate license or license examination, or of the officers, directors, or persons owning 10 percent or more of the stock, of a corporati…