California CodesBusiness and Professions Code - BPCDivision 4 — Real EstatePart 1 — Licensing of PersonsChapter 6.5 — Real Estate Recovery ProgramSection 10475

Should the commissioner pay from the Consumer Recovery Account any amount in settlement of a claim or toward satisfaction of a judgment against a licensed broker or salesperson or a person holding a prepaid rental listing service license, the license of the broker or salesperson or prepaid rental listing service licensee shall be automatically suspended upon the date of payment from the Consumer Recovery Account if the final judgment was established by proof by clear and convincing evidence or the commissioner determined that the claimant provided clear and convincing evidence of the fraud, misrepresentation, deceit, or conversion of trust funds. No broker or salesperson or prepaid rental listing service licensee shall be granted reinstatement until they have repaid in full, plus interest at the prevailing legal rate applicable to a judgment rendered in any court of this state, the amount paid from the Consumer Recovery Account on their account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this chapter.

Notes

Requires automatic license suspension when the commissioner pays a Consumer Recovery Account claim or judgment against a broker, salesperson, or prepaid-rental-listing licensee based on the specified clear-and-convincing evidence of misconduct. Bars reinstatement until full repayment plus prevailing legal judgment interest and establishes that bankruptcy discharge does not remove the chapter’s penalties or disabilities.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 10475 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-4/part-1/chapter-6-5/section-10475

Disclaimer: Codes available on Lexinter may not reflect the most current laws in your jurisdiction. We make no warranties regarding the accuracy, completeness, or adequacy of the information provided. Always verify the status of any code with your state legislature or official government sources before relying on it for legal purposes.