Sections
48 entriesSection 10000Defines the authorized short title of the part as the “Real Estate Law.” The provision only supplies the name by which the…Section 10001Limits the definitions in the chapter, unless otherwise specifically provided, to application within the provisions of this part. Establishes that those definitions…Section 10003Defines “Commissioner” to mean the Real Estate Commissioner. The definition assigns that specific office to the term whenever “Commissioner” is used within…Section 10004Defines “Department” as the Department of Real Estate within the Business and Consumer Services Agency. The amendments made by the act adding…Section 10005Defines “bureau,” “division,” “Bureau of Real Estate,” “State Real Estate Division,” and “Real Estate Division” in this division to mean the Department…Section 10006Defines “person” to include a corporation, company, and firm. The definition expands the statutory term beyond an individual by expressly treating each…Section 10007Defines “provisions of this part relating to real estate” to mean the provisions contained in Chapters 1, 2, 3, and 6 of…Section 10008Defines the phrase “provisions of this part relating to business opportunity regulation” to mean the provisions contained in Chapters 1, 2, and…Section 10008.5Exempts a person licensed as a securities broker or dealer, and that person’s employee, officer, or agent acting under direction and within…Section 10009.5Defines “provisions of this part relating to mineral, oil, and gas brokerage” to mean the provisions contained in Chapters 1, 2, 6,…Section 10010Defines the phrase “provisions of this part relating to hearings” to mean the provisions contained in Article 3 of Chapter 2 of…Section 10010.5Limits construction of the two identified 2017–18 Assembly bills so they do not affect existing broker agency, fiduciary, disclosure, salesperson or broker-associate…Section 10011Defines “licensee,” when the term is used without modification, as a person licensed as either a broker or salesperson under any provision…Section 10012Defines “broker,” when the word is used without modification, as a person licensed as a broker under any provision of the part.…Section 10013Defines “salesperson,” when unmodified, as a person licensed as a salesperson under any provision of the part and treats “salesman” in the…Section 10014Defines a “real estate licensee” as a person licensed under the specified chapter of this part, whether the person holds a broker…Section 10015Defines “real estate broker” as a person licensed as a broker under Chapter 3 of the part. The definition ties the term…Section 10015.1Defines a “responsible broker” as the real estate broker responsible for controlling and supervising salespersons under the referenced provision, or a licensee…Section 10015.2Defines “manager” as a real estate licensee who is authorized to perform supervisory services for a responsible broker. The term therefore requires…Section 10015.3Defines a “broker associate” as a broker retained by a responsible broker who has authority to provide services requiring a real-estate license…Section 10015.4Defines “responsible broker’s identity” as the name under which the responsible broker is currently department-licensed and generally does business or operates a…Section 10015.5Defines “professional identity” to include both the responsible broker’s identity and the identity under which the licensee is authorized to conduct business.…Section 10016Defines a “real estate salesperson” as a natural person licensed as a salesperson under the specified chapter who, for compensation or expected…Section 10018.01Defines “retained” as the relationship between a broker and a licensee who is either an independent contractor affiliated with the broker or…Section 10018.02Defines “seller” as a transferor in a real-property transaction and includes an owner who lists property with a licensee even if no…Section 10018.03Defines a “listing agent” as a licensee who, under a listing agreement, provides services requiring a real-estate license for or on behalf…Section 10018.04Defines a seller’s agent as a licensee who performs services requiring a real estate license for or on behalf of a seller.…Section 10018.05Defines a “buyer” as a transferee in a real-property transaction and includes a person who makes a purchase offer through a licensee…Section 10018.06Defines a buyer’s agent as a licensee who provides services requiring a real estate license for or on behalf of a buyer.…Section 10018.07Defines “real property” as the specified Civil Code estates and includes single-family residential property, residential property with more than four dwelling units,…Section 10018.08Defines “single-family residential property” or “single-family residential real property” as property improved with one to four dwelling units, including a leasehold over…Section 10018.09Defines “commercial real property” as all real property except single-family residential real property, dwelling units subject to the specified Civil Code chapter,…Section 10018.10Defines “sell,” “sale,” and “sold,” except as provided by the cited section, as a transaction transferring real property from a seller to…Section 10018.11Defines a “dual agent” as an agent who acts as agent for both the seller and the buyer in the same real-property…Section 10018.13Defines an appraiser as a person licensed or certified under the specified part beginning with the referenced section. Applies the term to…Section 10018.14Defines a “listing agreement” as a written contract in which a real-property or business-opportunity seller authorizes a real-estate broker to sell the…Section 10018.15Defines an “exclusive right to sell listing agreement” as a time-limited listing giving the seller’s agent exclusive selling rights and agreed compensation…Section 10018.16Defines a “seller reserved listing agreement” as a time-limited exclusive listing generally entitling the seller’s agent to compensation for a sale or…Section 10018.17Defines an “open listing agreement” as a nonexclusive listing with no priority for the seller’s agent, under which commission is payable only…Section 10023Defines a mineral, oil, and gas licensee as a person licensed under the specified chapter beginning with the referenced section of this…Section 10024Defines a “mineral, oil, and gas broker” as a person licensed as a broker under Chapter 7 of this part. The statutory…Section 10026Defines an “advance fee” as a fee a licensee charges or collects before fully completing contracted licensed services or a listing, and…Section 10027Defines “listing” broadly to include names or locations of persons offering property or interests for rent, sale, lease, or exchange; names or…Section 10028Defines “trust deed” and “deed of trust,” when used in this part, to include a mortgage. The provision expands both statutory terms…Section 10029Defines a “real property sales contract” as an agreement under which one party agrees to convey title to real property to another…Section 10030Defines “business opportunity,” as used in this part, to include the sale or lease of the business and goodwill of an existing…Section 10032Requires statutory, regulatory, and public-facing duties of brokers and salespersons to apply regardless of whether their relationship is labeled independent contractor or…Section 10035Allows another criminal provision of the law of this state to apply to an act or omission that violates this part, despite…