This part may be cited as the Real Estate Law....
The definitions in this chapter apply to the provisions of this part only and do not affect any other provisions of this code....
Commission refers to the Real Estate Advisory Commission....
Member refers to a member of the Real Estate Advisory Commission....
Commissioner refers to the Real Estate Commissioner....
Department means the Department of Real Estate in the Business and Transportation Agency....
Whenever the terms division, State Real Estate Division, or Real Estate Division are used in this division, they mean the Department of Real Estate. Whenever the terms State Real...
Person includes corporation, company and firm....
Provisions of this part relating to real estate refers to the provisions of Chapters 1, 2, 3 and 6 of Part 1....
Provisions of this part relating to business opportunity regulation refers to the provisions of Chapters 1, 2, and 6 of Part 1....
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...
Provisions of this part relating to mineral, oil and gas brokerage refers to the provisions of Chapters 1, 2, 6 and 7, of Part 1....
Provisions of this part relating to hearings refers to the provisions of Article 3 of Chapter 2 of Part 1....
Licensee, when used without modification, refers to a person, whether broker or salesman, licensed under any of the provisions of this part....
Broker, when used without modification, refers to a person licensed as a broker under any of the provisions of this part....
Salesman, when used without modification, refers to a person licensed as a saleman under any of the provisions of this part....
Real estate licensee refers to a person, whether broker or salesman, licensed under Chapter 3 of this part....
Real estate broker refers to a person licensed as a broker under Chapter 3 of this part....
Real estate salesman refers to a person licensed as a salesman under Chapter 3 of this part....
Whenever the word salesman is used in this division, or in the rules and regulations of the commissioner, it means salesperson. A licensee, however, may elect to refer to the licensed...
Mineral, oil and gas licensee refers to a person licensed under Chapter 7 (commencing with Section 10500) of this part....
Mineral, oil and gas broker refers to a person licensed as a broker under Chapter 7 of this part....
The term advance fee as used in this part is a fee claimed, demanded, charged, received, collected or contracted from a principal for a listing, advertisement or offer to sell or...
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,...
Trust deed or deed of trust as used in this part includes mortgage....
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...
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....
(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...
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...
There is in the Business and Transportation Agency a Department of Real Estate, the chief officer of which department is named the Real Estate Commissioner. It shall be the...
The commissioner shall be appointed by the Governor....
The commissioner shall have been for five years a real estate broker actively engaged in business as such in California, or shall possess related experience associated with real estate...
The commissioner shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code, to be paid monthly out...
The commissioner shall appoint a Real Estate Advisory Commission comprising 10 members, six of whom shall be real estate brokers licensed under this part and four of whom shall be public members....
The commissioner shall meet and consult and advise with the commission on the functions and policies of the department and how it may best serve the people of the state and recognize...
The commission may make such recommendations and suggestions of policy to the commissioner as it deems beneficial and appropriate....
The commissioner shall call meetings of the commission at least four times each year and written notice of the time and place of each meeting shall be given to the members and such other...
The meetings of the commission are subject to the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code....
All records of the commission shall be open to inspection by the public during regular office hours, except as otherwise provided by law....
The commissioner shall enforce the provisions of this part and of Chapter 1 of Part 2. He has full power to regulate and control the issuance and revocation, both temporary and permanent,...
The commissioner shall employ such deputies, clerks and employees as he may need to discharge in proper manner the duties imposed upon him by law....
After qualifying as such neither the commissioner nor any of the deputies, clerks or employees of the department shall be interested in any mineral, oil or gas business, mineral, oil or...
Deputies, clerks and employees shall perform such duties as the commissioner shall assign to them. Subject to the powers of the State Personnel Board and the Director of Finance,...
Each deputy shall, after his appointment, take and subscribe to the constitutional oath of office and file the same in the office of the Secretary of State....
The commissioner shall have his principal office in the City of Sacramento, and may establish branch offices in the City and County of San Francisco, the City of Los Angeles and in...
The commissioner shall adopt a seal with the words Real Estate Commissioner State of California and such other device as the commissioner may desire engraved thereon, by which...
The Attorney General shall render to the commissioner opinions upon all questions of law relating to the construction or interpretation of this part or Chapter 1 of Part 2 or arising...
The commissioner may adopt, amend, or repeal such rules and regulations as are reasonably necessary for the enforcement of the provisions of this part and of Chapter 1 (commencing...
In the event the commissioner employs the services of an agency engaged in the business of furnishing credit reports, such agency shall have been engaged in such business continuously...
(a) Whenever the commissioner believes from evidence satisfactory to him that any person has violated or is about to violate any of the provisions of this part or of Chapter 1 (commencing...
Whenever the commissioner believes from evidence satisfactory to him or her that any real estate licensee has violated or is about to violate, the provisions of Section 10145, the commissioner...
The commissioner may publish or cause to be published at appropriate intervals a directory or list of licensed brokers and salesmen and may publish therewith such matter as he may...
The commissioner may periodically issue a bulletin containing matter relating to the department, and to the provisions of this part and of Chapter 1 (commencing with Section 11000) of Part 2,...
The commissioner may prepare a pamphlet or brochure dealing with disclosures of information in residential real estate transactions. The costs of preparation and distribution may be...
(a) Notwithstanding Section 10450.6, on or before January 1, 1991, the department, using funds appropriated from the Education and Research Account in the Real Estate Fund, shall develop a...
The commissioner may require that any or all materials used in obtaining advance fee agreements, including but not limited to the contract forms, letters or cards used to...
(a) It shall be unlawful for any person to claim, demand, charge, receive, collect, or contract for an advance fee (1) for soliciting lenders on behalf of borrowers or performing...
(a) If the commissioner determines through an investigation that (1) a person has engaged or is engaging in an activity which is a violation of a provision of this part, other than a...
Before denying, suspending or revoking any license issuable or issued under the provisions of this part, the department shall proceed as prescribed by Chapter 5 (commencing with Section...
A licensee against whom an investigation is pending or an accusation has been filed pursuant to Section 11503 of the Government Code may petition the commissioner to voluntarily surrender...
The accusation provided for by Section 11503 of the Government Code shall be filed not later than three years from the occurrence of the alleged grounds for disciplinary action unless the acts...
The lapsing or suspension of a license by operation of law or by order or decision of the department or a court of law, or the voluntary surrender of a license by a licensee shall not...
It is unlawful for any person to engage in the business, act in the capacity of, advertise or assume to act as a real estate broker or a real estate salesman within this state...
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...
(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,...
A real estate broker within the meaning of this part is also a person who engages as a principal in the business of buying from, selling to, or exchanging with the public, real...
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...
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...
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 real estate broker within the meaning of this part is also a person who engages in the following businesses as a principal:...
A nonresident of California may become a real estate broker by conforming to all of the provisions of this part....
A nonresident of California may become a real estate broker by conforming to all of the provisions of this part....
(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...
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 mobilehome, unless it...
A real estate salesman within the meaning of this part is a natural person who, for a compensation or in expectation of a compensation, is employed by a licensed real estate broker to do...
(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) 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...
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...
The provisions of Sections 10131, 10131.1, 10131.2, and 10132 do not apply to any stenographer, bookkeeper, receptionist, telephone operator, or other clerical help in carrying out their functions...
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...
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...
(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...
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,...
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....
No person engaged in the business or acting in the capacity of a real estate broker or a real estate salesman within this State shall bring or maintain any action in the courts of this State...
It is unlawful for any licensed real estate broker to employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this chapter who is not...
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...
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...
Any person acting as a real estate broker or real estate salesperson without a license or who advertises using words indicating that he or she is a real estate broker without being...
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...
Each advertisement or other statement which is published by a real estate broker or salesman offering to assist persons to file applications for the purchase or lease of, or to locate...
A real estate licensee shall not publish, circulate, distribute, nor cause to be published, circulated, or distributed in any newspaper or periodical, or by mail any matter pertaining...
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...
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...
When a licensee prepares or has prepared an agreement authorizing or employing such licensee to perform any of the acts for which he is required to hold a license, or when such...
Any real estate broker who assists another or others, or whose real estate salesmen assist another or others, for a compensation, in filing an application for the purchase or lease of, or in...
The commissioner may prescribe by regulation the information which shall be contained in contracts or other agreements by a real estate broker, or a real estate salesman, to assist another...
(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...
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) On or before January 1, 1993, the Seismic Safety Commission shall develop, adopt, and publish a Commercial Property Owner's Guide to Earthquake Safety for distribution to...
(a) Any printed or form agreement which initially establishes, or is intended to establish, or alters the terms of any agreement which previously established a right to compensation to be paid...
(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 him or her or...
(a) On or before July 1, 1992, the Seismic Safety Commission shall develop, adopt, and publish a Homeowner's Guide to Earthquake Safety for distribution to licensees for purposes of...
(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...
The Real Estate Commissioner shall not grant an original real estate broker's license to any person who has not held a real estate salesman's license for at least two years and...
(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...
(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...
(a) The commissioner may require any other proof he or she may deem advisable concerning the honesty and truthfulness of any applicant for a real estate license or license examination, or...
In addition to the proof of honesty and truthfulness required of any applicant for a real estate license, the commissioner shall ascertain by written examination that the applicant, and in case...
It is unlawful for any person with respect to any examination under this part to practice any deception or fraud with regard to his or her identity in connection with any examination, application,...
(a) An applicant to take the examination for an original real estate broker license shall also submit evidence, satisfactory to the commissioner, of successful completion, at...
(a) In order to take an examination for a real estate salesperson license, an applicant shall submit evidence or certification, satisfactory to the commissioner, of enrollment in,...
(a) Every person who is required to comply with Section 10153.3 to obtain an original real estate salesperson license shall, prior to the issuance of the license, or within 18...
As used in Sections 10153.2, 10153.3, and 10153.4, an equivalent course of study includes courses at a private vocational school which have been found by the commissioner, upon...
All real estate broker licenses issued by the commissioner shall be for a period of four years. Applicants shall qualify in the appropriate examination and satisfy all other requirements...
All real estate salesperson licenses issued by the commissioner shall be for a period of four years. Applicants must qualify in the appropriate examination and satisfy all other...
When an applicant for real estate license fails the qualifying examination, he may apply for reexamination by filing the appropriate application and fee. The application and fee...
No provision in this chapter shall, on the basis of an applicant's failure to successfully complete prior examinations, impose any additional limitations, restrictions,...
A person who has obtained a conditional license pursuant to Section 10153.4, but has not satisfied the requirements for an unqualified license under Section 10153.4, shall not be entitled...
An application on the form prescribed by the commissioner for the renewal of a license, filed before midnight of the last day of the period for which a previous license was issued,...
The commissioner may issue a restricted license to a person: (a) Who is or has been licensed under this chapter and who has been found by the commissioner after a hearing to...
A restricted license issued pursuant to Section 10156.5 as the commissioner in his or her discretion finds advisable in the public interest may be restricted: (a) By term. (b) To...
(a) A restricted license issued pursuant to Section 10156.5 does not confer any property right in the privileges to be exercised thereunder, and the holder of a restricted license does...
As one of the conditions to the issuance of a restricted license authorized by Section 10156.5 the commissioner may require the filing of surety bonds in such form and condition as he...
No real estate license gives authority to do any act specified in this chapter to any person, other than the person to whom the license is issued....
When a real estate license is issued to a corporation, if it desires any of its officers other than the officer designated by it pursuant to Section 10211, to act under its license as a...
Each officer of a corporation through whom it is licensed to act as a real estate broker is, while so employed under such license, a licensed real estate broker, but licensed only to act as such...
(a) The officer designated by a corporate broker licensee pursuant to Section 10211 shall be responsible for the supervision and control of the activities conducted on behalf of the...
Every person applying for a license under this chapter who desires to have such license issued under a fictitious business name shall file with his application a certified copy of...
The real estate salesman's license shall remain in the possession of the licensed real estate broker employer until canceled or until the salesman leaves the employ of the broker, and...
When the holder of a real estate broker's or salesman's license is required to relinquish his license to assume an office in local, state, or federal government, he may have it reinstated...
(a) Whenever a real estate salesman enters the employ of a real estate broker, the broker shall immediately notify the commissioner thereof in writing. (b) Whenever employment of a real...
Every licensed real estate broker shall have and maintain a definite place of business in the State of California which shall serve as his office for the transaction of business....
If the applicant for a real estate broker's license maintains more than one place of business within the State he shall apply for and procure an additional license for each branch...
For a violation of any of the provisions of Section 10160, 10161.8, 10162, or 10163, the commissioner may temporarily suspend or permanently revoke the license of the real estate...
The definitions used in this section shall govern the construction and terms as used in this article: (a) Prepaid rental listing service means the business of supplying prospective...
This article shall not apply to a newspaper of general circulation....
(a) It is unlawful for any person to engage in the business of a prepaid rental listing service unless licensed in that capacity or unless licensed as a real estate broker. (b) (1)...
(a) A separate application for a license as a prepaid rental listing service shall be made in writing for each location to be operated by a licensee other than a real estate broker....
The commissioner may require such proof as he or she may deem advisable concerning the honesty and truthfulness of (a) any applicant for a license as a prepaid rental listing service,...
The business at a location licensed pursuant to subdivision (a) of Section 10167.3 shall be conducted under the immediate supervision of the licensee or a designated agent who is not a...
Every applicant for a prepaid rental listing service license who is not a resident of this state shall file with the application for a license an irrevocable consent that in any action arising...
Except as provided in Section 10167.8, each licensee shall provide to the department, and at all times maintain in force, a bond in the amount of ten thousand dollars ($10,000) for each location....
The requirement of Section 10167.7 shall not apply to any prepaid rental listing service operated by: (a) a person exempt from the payment of federal and state income taxes; (b) an agency...
(a) Prior to the acceptance of a fee, a licensee shall offer the prospective tenant a written contract, either on paper or in electronic form, which shall include at least the following: ...
(a) (1) A licensee shall refund in full the fee paid by a prospective tenant if the licensee does not, within five days after execution of the contract, supply at least three...
I did not obtain this rental through the services of _____________________________ (name of licensee) during the time of our contract....
(3) On or after January 1, 2002, the department may, from time to time, by regulation, adjust the amount of the allowable service charge to reflect the rate of inflation from the previous...
If, within five days after payment of a fee, the licensee has not supplied the prospective tenant with at least three available rental properties meeting the specifications of the contract as to...
It shall be a violation of this article for any licensee or any employee or agent of a licensee to do the following: (a) Make, or cause to be made, any false, misleading,...
(a) The commissioner may suspend, deny, or revoke the license of a licensee or the license of the licensee to operate at one or more locations for either of the following: (1) A violation...
A prepaid rental listing service license issued by the department shall be for a period of two years. An application and fee for renewal filed with the department before midnight of the...
Whenever any person has engaged or threatens to engage in any acts or practices which constitute, or will constitute a violation of a provision of the article, the superior court of the county...
Any person, including an officer, director, or employee of a corporation who willfully violates any provision of this article is guilty of a misdemeanor....
A person or corporation licensed pursuant to this article and not engaging in acts for which a real estate license is required under Article 1 (commencing with Section 10130) of Chapter 3...
The commissioner shall, by regulation, make prepaid rental listing service licensees and applicants for prepaid rental listing service licenses subject to the same provisions...
The Legislature has determined that it is in the public interest of consumer protection and consumer service that all real estate licensees licensed under the provisions of this part...
The commissioner may appoint a committee comprised of licensees under this part and persons with expertise in real estate education to advise him with respect to his responsibilities...
The commissioner shall adopt regulations pursuant to Section 10080, to prescribe all of the following: (a) A definition of basic requirements for continuing education of 45 clock hours...
(a) Except as otherwise provided in Sections 10153.4 and 10170.8, no real estate license shall be renewed unless the commissioner finds that the applicant for license renewal has,...
The commissioner may amend or repeal any regulation adopted pursuant to this article in the same manner as provided for adoption of such regulations, except that no amendment or...
The provisions of this article shall not apply to any real estate licensee who submits proof satisfactory to the commissioner that he or she has been a real estate licensee in good standing...
If an applicant for a license has submitted, in good faith, evidence of completion of continuing education which he had reason to believe would qualify him for license renewal,...
On and after January 1, 1981, a real estate license, which has been revoked as the result of disciplinary action by the commissioner, shall not be reinstated, nor shall a restricted...
Any licensee who applies for renewal of his or her license under Section 10461, or for reinstatement of his or her license under Section 10161.5 or 10463, shall, if the previous active...
A person who is licensed as a real estate broker only as an officer of a corporate broker pursuant to Section 10158 or 10211 shall not be eligible for the renewal of such license nor...
Upon grounds provided in this article and the other articles of this chapter, the license of any real estate licensee may be revoked or suspended in accordance with the provisions of...
(a) If the Real Estate Commissioner determines that the public interest and public welfare will be adequately served by permitting a real estate licensee to pay a monetary penalty to...
The commissioner may, upon his own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity...
(a) (1) Whenever the commissioner takes any enforcement or disciplinary action against a licensee, and the enforcement or disciplinary action is related to escrow services provided...
(a) The commissioner may, upon his or her own motion, and shall upon receiving a verified complaint in writing from any person, investigate an alleged violation of Article 1.5...
The commissioner may suspend or revoke the license of a real estate licensee, or may deny the issuance of a license to an applicant, who has done any of the following, or may suspend or revoke...
The commissioner may, without a hearing, suspend the license of any person who procured the issuance of the license to himself by fraud, misrepresentation, deceit, or by the making of...
The commissioner may, upon his or her own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any licensee, and he or she may suspend or revoke...
(a) Notwithstanding any other provision of law, the commissioner may, after hearing in accordance with this part relating to hearings, suspend or revoke the license of a real estate...
When a final judgment is obtained in a civil action against any real estate licensee upon grounds of fraud, misrepresentation, or deceit with reference to any transaction for which a license...
When any real estate salesman is discharged by his employer for a violation of any of the provisions of this article prescribing a ground for disciplinary action, a certified written statement...
No violation of any of the provisions of this part relating to real estate or of Chapter 1 of Part 2 by any real estate salesman or employee of any licensed real estate broker shall...
The commissioner may deny, suspend or revoke the real estate license of a corporation as to any officer or agent acting under its license without revoking the license of the corporation....
As a condition to the reinstatement of a revoked or suspended license, the commissioner may require the applicant to take and pass a qualifying examination....
Any person, including officers, directors, agents or employees of corporations, who willfully violates or knowingly participates in the violation of this division shall be guilty of...
All real estate license fees shall be payable in advance of issuing the licenses and at the time of filing the application. Unless otherwise provided, all licenses expire at midnight...
The holder of a license who fails to renew it prior to the expiration of the period for which it was issued and who has otherwise qualified for such license, may renew it within two...
Any person who has qualified in an examination for a real estate license shall file the required application and fee for the license within one year thereafter....
The definitions contained in this article are solely for the purposes of this article....
The amount of the real estate fees prescribed for an examination or for a license under this chapter is that fixed by the following provisions of this article. No part of any fee...
The real estate broker license examination fee is ninety-five dollars ($95). The real estate broker license reexamination fee is ninety-five dollars ($95). If an applicant fails to appear...
(a) The commissioner shall, by regulation, establish fees for applications for approval of equivalent courses of study as defined in Section 10153.5 in an amount sufficient to cover the...
The commissioner shall, by regulation, establish fees for applications for approval of educational courses, seminars, workshops, conference, or their equivalent, or for the evaluation...
The fee for a restricted broker license shall be the same as that for an unrestricted license as provided in Section 10210....
The fee for a real estate broker license shall not exceed three hundred dollars ($300). In the case of an original applicant, the fee is payable after the applicant is notified of passing...
If the licensee is a corporation, the license issued to it entitles one officer thereof, on behalf of the corporation, to engage in the business of real estate broker without the payment...
The real estate salesperson license examination fee is sixty dollars ($60). The real estate salesperson license reexamination fee is sixty dollars ($60). If an applicant fails to appear...
If an applicant for any examination fails to take the examination on the date scheduled, he or she may make application in writing to the principal office of the department in Sacramento for...
The fee for a restricted salesperson license shall be the same as that for an unrestricted license as provided in Section 10215....
The fee for a real estate salesperson license shall not exceed two hundred forty-five dollars ($245), except that for an applicant qualifying pursuant to Section 10153.4 who has not satisfied all...
For any examination required under any order issued pursuant to the provisions of the Administrative Procedure Act, the fee shall be the same as for a salesperson or broker license...
An application for a permit to sell real property securities secured by liens on real property situated outside the State of California shall be accompanied by the filing fee together with...
(a) The commissioner may periodically by regulation prescribe fees lower than the maximum fees provided in Sections 10209.5, 10210, 10214.5, 10215, and 10250.3 whenever he or she determines...
(a) If at any time funds are transferred from the Real Estate Fund to the General Fund by the Budget Act then 30 days from and after the date of the transfer, fees shall be reduced as indicated...
(a) The provisions of this article do not apply to the negotiation of a loan by or on behalf of a real estate broker in connection with a qualifying sale or exchange of real property in which...
Except as authorized by permit issued pursuant to the applicable provisions of the Corporate Securities Law of 1968 (Section 25000 et seq. of the Corporations Code), no person in doing any of...
No person in doing any of the acts set forth in subdivision (d) of Section 10131, subdivision (e) of Section 10131, and Section 10131.1 shall, as agent or principal, retain funds payable...
(a) A real estate broker who, through express or implied representations that the broker or any salesperson acting on the broker's behalf is engaging in acts for which a real estate...
(a) Except as otherwise expressly provided, Sections 2, 25, 10233, and 10236.6 are applicable to every real estate broker who intends or reasonably expects in a successive 12 months to do any...
(C) Sales or exchanges of real property sales contracts or promissory notes secured directly or collaterally by liens on real property as the owner of those notes or contracts. (2)...
(a) A real estate broker, prior to the use of any proposed advertisement in connection with the conduct of activities described in subdivisions (d) and (e) of Section 10131 and...
A real estate broker who meets the criteria of subdivision (a) of Section 10232 shall annually file the reports referred to in subdivisions (a) and (c) with the Department of Real Estate...
(a) A real estate broker who meets the criteria of subdivision (a) of Section 10232 shall, within 30 days after the end of each of the first three fiscal quarters of the broker's fiscal year,...
(a) In making a solicitation to a particular person and in negotiating with that person to make a loan secured by real property or to purchase a real property sales contract or a note secured...
(a) If the real estate broker is performing acts described in subdivision (d) of Section 10131 in negotiating a loan to be secured by a lien on real property or on a business...
(a) A real estate broker, acting within the course and scope of his or her license, who arranges for or engages the services of an appraiser licensed or certified by the Office of...
A real estate licensee who undertakes to service a promissory note secured directly or collaterally by a lien on real property or a real property sales contract shall comply with each...
If a real estate broker in servicing a real property sales contract or a promissory note secured directly or collaterally by a lien on real property for the mortgagee, beneficiary, or owner...
For the purposes of Division 3 (commencing with Section 3101) and Division 9 (commencing with Section 9101) of the Commercial Code, when a broker, acting within the meaning of subdivision...
(a) Except as provided in subdivision (d), every real estate licensee who negotiates a loan secured by a trust deed on real property shall cause the trust deed to be recorded,...
In addition to the requirements of Section 10234, in the placing of any loan, a broker shall deliver or cause to be delivered conformed copies of any deed of trust to both the investor or...
No real estate licensee shall knowingly advertise, print, display, publish, distribute, telecast or broadcast, or cause or permit to be advertised, printed, displayed,...
No real estate licensee shall place an advertisement disseminated primarily in this state for a loan unless there is disclosed within the printed text of that advertisement, or the oral text...
The commissioner in his or her discretion may honor requests from interested persons for interpretive opinions with respect to any provision of this article or with respect to any...
No real estate licensee shall advertise to give or to offer to give to a prospective purchaser or lender any premium, gift or any other object of value as an inducement for making a...
(a) A real estate broker who satisfies the criteria of subdivision (a) or (b) of Section 10232 and who fails to notify the Department of Real Estate, in writing, of that fact within...
(a) In compliance with Section 10235.5, every licensed real estate broker shall also display his or her license number on all advertisements where there is a solicitation for...
A real estate broker shall notify the department when he or she is no longer servicing or arranging loans subject to the reporting requirements of Section 10232. If a broker has...
(a) The commissioner, in his or her discretion, may audit any broker who conducts transactions subject to the provisions of this article. The audit shall be conducted after reasonable notice to...
A real property securities dealer within the meaning of this article is any person, acting as principal or agent, who engages in the business of: (a) Selling real property securities as...
The term real property security as used in this article means: (a) An agreement made in connection with the arranging of a loan evidenced by a promissory note secured directly or...
As used in this article sale or sell includes every issuance, creation for resale, disposition or attempt to dispose of any interest in a real property security for value and includes...
(a) Except as provided in subdivision (b), sale to pension, retirement or similar trust funds, to corporations, to institutional lending agencies, to real estate broker licensees,...
It is unlawful for any person to act as a real property securities dealer in this state without first having obtained a real estate broker's license....
Every person selling a real property security shall personally sign and deliver to the purchaser a statement in writing, containing all the information required by Section 10232.5,...
An appraisal of each parcel of real property which relates to a transaction subject to this article shall be made by the real property securities dealer or by an independent appraiser...
Every real property securities dealer shall file, ten (10) days prior to use, true copies of all material subject to Section 10235 which pertains to activities subject to this article...
Every real property securities dealer shall file and maintain with the commissioner a cash deposit, cash equivalent, or bond in the penal sum of ten thousand dollars ($10,000), executed...
When an action is commenced on the bond of a real property securities dealer the commissioner may require the filing of a new bond. Immediately upon the recovery in any action on the...
(a) Every real property securities dealer shall file with the commissioner, annually, a report containing financial statements in accordance with generally accepted...
Whenever the commissioner finds that any person is violating the provisions of this article, that he is conducting his business in an unsafe or injurious manner, that the further sale...
Any person who does any of the following acts is guilty of a public offense punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in the state prison, or in...
Every person sustaining an injury resulting from a transaction subject to this article which was in violation of the provisions of the article may recover in a civil action the amount...
(a) This article shall remain operative as long as a conservatorship or liquidation proceeding pursuant to Article 6.5 (commencing with Section 10239) of Chapter 3 of Division 4,...
The provisions of this article shall apply to all real property securities dealers, or persons purporting to act as real property security dealers in this State, or in the process...
The superior court of the county in which is located the principal office of such person in this State shall, upon the filing by the commissioner of the verified application showing any...
Said order shall continue in force and effect until, on the application either of the commissioner or of such person, it shall, after a full hearing, appear to said court that the ground...
Whenever it appears to the commissioner that any of the conditions set forth in Section 10239.1 exist or that irreparable loss and injury to the property and business of a person...
Whenever the commissioner makes any seizure as provided in Section 10239.3, it shall, on the demand of the commissioner, be the duty of the sheriff of any county of this State, and of...
Immediately after such seizure, the commissioner shall institute a proceeding as provided for in Section 10239.1 and thereafter shall proceed in accordance with the provisions of this article....
If at any time after the issuance of an order under Section 10239.1, or if at the time of instituting any proceeding under this article, it shall appear to the commissioner that it would be futile...
In his application for an order for the liquidation of a domestic corporation, or at any time thereafter, the commissioner may apply for, and the court shall make an order...
The recording in the office of a county recorder of any county in the State of an order entered pursuant to Sections 10239.1, 10239.6, or 10239.7 shall impart the same notice that would...
Upon the issuance of an order of liquidation under Section 10239.6, the rights and liabilities of any such person and of creditors, policyholders, shareholders and members, and all...
Upon the issuance of an order either under Section 10239.1 or 10239. 6, or at any time thereafter, the court shall issue such other injunctions or orders as may be deemed necessary to prevent...
(f) The sale or deed for nonpayment of taxes or assessments levied by any taxing agency of property: (1) Owned by that person. (2) Upon which that person holds an encumbrance. (3) Upon...
Upon the making of an order to liquidate the business of such person, the commissioner shall cause to be published notice to its policyholders, creditors, shareholders, and all...
Such notice shall be published in a newspaper of general circulation, published in the county in which the proceeding is pending, not less than once a week for four successive weeks. A...
A claim shall set forth, under oath, on the form prescribed by the commissioner: (a) The particulars thereof, and the consideration therefor. (b) Whether said claim is secured or...
Unless such claim is filed in the manner and within the time provided in Section 10239.11, it shall not be entitled to filing or allowance, and no action may be maintained thereon....
Claims founded upon unliquidated or undetermined demands must be filed within the time limit provided in this article for the filing of claims, but claims founded upon such demands shall...
A claim of a secured claimant shall not be allowed in a sum greater than the excess over the value of the security of the amount for which the claim would be allowable if unsecured,...
The value of the security to be credited upon such claim shall be determined by an appraiser appointed by the liquidator and approved by the court. Such claimant shall elect to...
In all cases of mutual debts or mutual credits between the person in liquidation under Section 10239.6 and any other person, such credits and debts shall be set off and the balance only...
When a claim is rejected by the commissioner, written notice of rejection shall be given by mail, addressed to the claimant at the address set forth in his claim. Within 30 days after...
Claims allowed in a proceeding under this article shall be given preference in the following order: (a) Expense of administration. (b) Taxes due to the State of California. (c)...
After the issuance of an order of liquidation under Section 10239.6, any of the following transactions occurring within four months prior to the application for such order shall be voidable by...
In any proceeding under this article, the commissioner shall have the power to appoint and employ under his hand and official seal, special deputy commissioners, as his agents, and to employ...
The Attorney General shall have the power to appoint and employ such legal counsel as may by him be deemed necessary to assist the commissioner in the performance of his duties under...
Upon taking possession of the property and business of any person in any proceeding under this article, the commissioner, exclusively and except as otherwise expressly provided by...
Any application under Sections 10239.1 or 10239.6 shall be served upon the person named in such application in the manner prescribed by law for personal service of summons or as...
In lieu of the service required by Section 10239.25, service may, upon application to said court, be made in such manner as the court directs whenever it is satifactorily shown by affidavit (a)...
At any time after an order is made under Sections 10239.1 or 10239.6, the commissioner may remove the principal office of the person proceeded against to the City and County of San Francisco...
The commissioner shall be the custodian of all moneys collected by him or coming into his possession in the course of any proceeding under this article, but he may deposit such moneys, or...
The commissioner and a special deputy commissioner appointed pursuant to Section 10239.22 shall have the power to subpoena witnesses and examine them under oath upon any subject relating to...
Whenever money or other property is payable to any claimant out of the assets of any person under the provisions of Sections 10239.11 or 10239.20, but such person cannot be located or for any...
In all proceedings under this article, the commissioner shall be deemed to be a trustee for the benefit of all creditors and other persons interested in the estate of the person against...
In any proceeding pending under the provisions of this article, the court in which such proceeding is pending shall have jurisdiction to hear and determine, in such proceeding, all...
The commissioner, in the performance of any of his duties under this article, shall be deemed to be a public officer acting in his official capacity on behalf of the State, and the...
The commissioner shall, through the Secretary of the Business and Transportation Agency, transmit to the Governor an annual report showing: (a) The names of the persons proceeded against...
In verification of the matters set forth in Section 10239.34, the commissioner shall annually examine his books and accounts relating to all proceedings under this article and Part...
(a) This article shall remain operative as long as a conservatorship or liquidation proceeding pursuant to Article 6.5 (commencing with Section 10239) of Chapter 3 of Division 4,...
Any transaction that involves the sale of or offer to sell a series of notes secured directly by interests in one or more parcels of real property, or the sale of undivided interests in...
(a) A notice in the following form and containing the following information shall be filed with the commissioner within 30 days after the first transaction and within 30 days of...
Name of Broker conducting transaction under Section 10237:...
List the month the fiscal year ends:_______________________________...
Broker's telephone number:_________________________________________...
Firm name (if different from 1):...
Street address (main location):...
Mailing address (if different from 6):...
Servicing agent: Identify by name, address, and telephone number...
Total number of multilender notes arranged: _______________________...
(2) The number of offerees shall not be considered for the purposes of this section. (3) A husband and wife and their dependents, and an individual and his or her dependents, shall be counted...
(C) A comprehensive, detailed, draw schedule is used to ensure proper and timely disbursements to allow for completion of the project. (D) The disbursement draws from the escrow account are...
(iii) A description of, and the estimated amount of, each cost payable by the borrower in connection with the loan and a description of, and the estimated amount of, each cost payable by...
The jurisdiction of the Commissioner of Corporations under the Corporate Securities Law of 1968 shall be neither limited nor expanded by this article. Nothing in this article shall...
Nothing in this article shall be construed to change the agency relationships between the parties where they exist or limit in any manner the fiduciary duty of brokers to borrowers,...
For the purposes of this article, the following definitions shall apply: (a) Broker means a person licensed as a broker under this part....
(a) If any person other than a real estate broker makes or keeps any of the books, accounts, or other records maintained in connection with a transaction described in this article,...
This article applies only to the exemption from securities qualification claimed under Section 25102.5 of the Corporations Code. This article does not apply to any other exemption...
Any transaction that involves the sale of or offer to sell a series of notes secured directly by an interest in the same real property, or the sale of undivided interests in a...
(a) A notice in the following form and containing the following information shall be filed with the commissioner within 30 days after the first transaction and within 30 days of...
Name of Broker conducting transaction under Section 10237:...
List the month the fiscal year ends:_______________________________...
Broker's telephone number:_________________________________________...
Firm name (if different from 1):...
Street address (main location):...
Mailing address (if different from 6):...
Servicing agent: Identify by name, address, and telephone number...
Total number of multilender notes arranged: _______________________...
(2) The number of offerees shall not be considered for the purposes of this section. (3) A husband and wife and their dependents, and an individual and his or her dependents, shall be counted...
(C) A comprehensive, detailed, draw schedule is used to ensure proper and timely disbursements to allow for completion of the project. (D) The disbursement draws from the escrow account are...
(iii) A description of, and the estimated amount of, each cost payable by the borrower in connection with the loan and a description of, and the estimated amount of, each cost payable by...
The jurisdiction of the Commissioner of Corporations under the Corporate Securities Law of 1968 shall be neither limited nor expanded by this article. Nothing in this article shall...
Nothing in this article shall be construed to change the agency relationships between the parties where they exist or limit in any manner the fiduciary duty of brokers to borrowers,...
For the purposes of this article, the following definitions shall apply: (a) Broker means a person licensed as a broker under this part....
(a) If any person other than a real estate broker makes or keeps any of the books, accounts, or other records maintained in connection with a transaction described in this article,...
This article applies only to the exemption from securities qualification claimed under Section 25102.5 of the Corporations Code. This article does not apply to any other exemption...
(a) Every real estate broker, upon acting within the meaning of subdivision (d) of Section 10131, who negotiates a loan to be secured directly or collaterally by a lien on real...
The provisions of this article, exclusive of the provisions of Section 10240, apply only to loans secured by a dwelling....
The provisions of this article, exclusive of the provisions of Section 10240, apply only to loans secured by a dwelling....
As used in this article, dwelling means any of the following units which are owned by a signatory to the mortgage or deed of trust secured by the dwelling unit at the time of execution of...
The statement required by Section 10240, the form of which shall be approved by the commissioner, shall set forth separately the following items: (a) The estimated maximum costs and expenses...
(i) A statement containing the name of the real estate broker negotiating the loan, his or her license number, and the address of his or her licensed place of business. (j) If the...
(a) The purchase of credit life insurance on the life of the borrower or credit disability insurance to provide indemnity for payments becoming due on the indebtedness shall not be required...
If the broker elects to make a loan subject to Section 10240 which consists wholly or in part of broker-controlled funds as defined in subdivision (j) of Section 10241, the broker shall...
In any loan transaction in which a fee is charged to a borrower for an appraisal of the real property that will serve as security for the loan, a copy of the appraisal report shall be given by...
(a) Prior to a borrower becoming obligated on any loan secured by a dwelling that provides for a balloon payment and is otherwise subject to Section 10240, if any agreement includes...
The maximum amount of expenses, charges and interest to be paid by a borrower with respect to any loan subject to this article shall be as follows: (a) The maximum amount of all costs and...
(a) A charge imposed for late payment of an installment due on a loan secured by a mortgage or deed of trust on real property shall not exceed an amount equal to 10 percent of the...
(a) The principal and accrued interest on any loan secured by a mortgage or deed of trust on real property containing only a single-family, owner-occupied dwelling may be prepaid in whole...
If the loan is not consummated due to the failure of the borrower to disclose the outstanding liens of record or the correct current vested title which is material to the loan upon...
Any loan made by any person and secured directly by a lien on real property, other than a note given back to the seller by the purchaser on account of the purchase price, which...
Notwithstanding the provisions of Section 10244, on a loan secured directly or collaterally by a lien on real property comprising an owner-occupied dwelling, for a term of six years or less,...
The provisions of this article, exclusive of the provisions of Sections 10240, 10242.5, and 10242.6, do not apply to any bona fide loan secured directly or collaterally by a first trust...
If any amount: (a) In excess of the charges referred to in Section 10241 and limited by Section 10242, (b) In excess of the charges permitted by Section 10242.5, or (c) Prohibited...
The provisions of this article pertaining to maximum costs and expenses, charges and interest, together with the penalties stated in this article, shall apply to any transaction involving...
Every person who, for compensation to be received directly or indirectly, sells, offers to sell, purchases for resale or offers to purchase for resale, or who negotiates or arranges...
No real estate licensee shall charge, receive, or negotiate for the payment by the borrower of any service charge or fee other than charges and fees specified in Sections 10241,...
(a) A borrower may not waive any right or remedy under this article. This subdivision shall not be deemed to prohibit a bona fide settlement, release or compromise of any claim...
The provisions of this article shall apply only to those loans otherwise subject to this article which are made or negotiated by real estate brokers acting within the meaning of subdivision...
(a) A person acting as a principal or agent who intends, in this state, to sell or lease or offer for sale or lease lots, parcels, or interests in a subdivision, as defined in Section 1,...
Subdivision, as used in Section 10249, includes all of the following: (a) Improved or unimproved land or lands divided or proposed to be divided for the purpose of sale or lease,...
(a) The commissioner may by regulation prescribe filing fees in connection with registrations with the department pursuant to the provisions of this article that are lower than the...
(a) Notwithstanding any provision to the contrary in Section 10249 or 11000, it is unlawful for a person, in this state, to sell or lease or offer for sale or lease lots, parcels, or interests...
(a) Notwithstanding any provision to the contrary in Section 10249 or 11000, it is unlawful for a person, in this state, to sell or lease or offer for sale or lease a lot, parcel, or interest...
The term of a registration issued pursuant to this article shall be one year, unless the commissioner by regulation prescribes a longer term....
A registration application pursuant to the provisions of this article shall be accompanied by an irrevocable consent stating that if in any action commenced against the applicant in...
(a) If the commissioner finds, based on available evidence, that a person is violating any provision of this article or a regulation of the commissioner adopted to implement a provision...
A person acting as a principal or agent may not in this state sell or lease or offer for sale or lease lots or parcels in a subdivision, as defined in Section 1, which includes...
Subdivision, as used in this article, includes all of the following: (a) A time-share project as defined in subdivision (a) of Section 11003.5 and subdivision (e) of Section 11004.5,...
(a) The sale or lease, or the offering for sale or lease, of lots or parcels in a subdivision is governed by this article and Chapter 1 (commencing with Section 11000) of Part 2,...
As used in this article, sale or sell includes every issuance, creation for resale, disposition, or attempt to dispose of any interest in a subdivision for value and includes all...
(a) The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate pursuant to the provisions of this article that are lower...
The commissioner may issue a conditional permit for a subdivision. The conditional permit shall be issued on the same basis and conditions upon which the commissioner may issue conditional...
The provisions of Section 11010.2 shall apply to an application for issuance of a permit for any subdivision subject to this article or Article 9 (commencing with Section 10260), except as to...
The term of a final permit issued pursuant to this article shall be five years. The commission may require the permit applicant to submit annual reports containing information...
A nonresident applicant for a permit pursuant to the provisions of this article shall, along with the application, file with the commissioner an irrevocable consent stating that if in...
In determining whether to issue a permit or a public report for a subdivision as defined in Section 10250.1, the commissioner may accept information submitted to another state in order to qualify...
For purposes of this chapter, exchange programs shall not be considered to be a part of a subdivision offering. If a purchaser of a time-share interest in a subdivision subject to this article...
Incidental benefits shall not be a part of the offering of interests in a subdivision. If a purchaser of a time-share interest in a subdivision subject to this article is offered...
Whenever the commissioner finds that any person is violating the provisions of this article, that any person is conducting business in an unsafe or injurious manner, that the further sale...
No interest in a subdivision, as defined in Section 10250.1, shall be sold to the public unless either the subdivider or person offering the interest for sale first obtains a permit...
No interest in a subdivision, as defined in Section 10250.1, shall be sold to the public unless either the subdivider or person offering the interest for sale first obtains a permit...
If the commissioner finds that the proposed offering of interest in a subdivision, as defined in Section 10250.1, meets the applicable requirements of this article, the commissioner shall...
If the commissioner finds that the proposed offering of interest in a subdivision, as defined in Section 10250.1, meets the applicable requirements of this article, the commissioner shall...
Any applicant objecting to the denial of a permit or the conditions of a permit may apply for a hearing and shall be granted a hearing by the commissioner upon the legality or...
Any applicant objecting to the denial of a permit or the conditions of a permit may apply for a hearing and shall be granted a hearing by the commissioner upon the legality or reasonableness...
Any person who does any of the following acts is guilty of a public offense punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in the state prison, or in...
Every person sustaining an injury resulting from a transaction subject to this article that was in violation of the provisions of the article may recover in a civil action the amount...
All fees charged and collected under this part and under Chapter 1 of Part 2, except as provided in this chapter, shall be paid by the commissioner at least once a month, accompanied by...
There shall be separate accounts in the Real Estate Fund for purposes of real estate education and research and for purposes of recovery which shall be known respectively as the...
All money paid into the State Treasury and credited to the Real Estate Fund is hereby appropriated to be used by the commissioner in carrying out the provisions of this part and Chapter 1 of Part...
(a) All money paid into the State Treasury and credited to the Education and Research Account in the Real Estate Fund pursuant to Section 10450.6 is available for appropriation by...
The Controller shall draw his warrant on the respective funds from time to time in favor of the commissioner for the amounts expended under his direction, and the Treasurer shall pay the same....
All of the expenditures of the commissioner, including his salary, shall be paid only from the Real Estate Fund except as otherwise provided in this chapter....
The commissioner may, with the consent of the Department of Finance, withdraw from the Real Estate Fund moneys to be used as a revolving fund where cash advances are necessary....
As used in this article: (a) Military licensee refers to any person who, while licensed under the Real Estate Law, or any of the statutes codified therein, entered the military service of...
A military licensee shall not be required to renew his license under this part or Chapter 19 of Division 3 until the beginning of the license period which first commences (a) after...
A military licensee shall not be entitled to the privileges of this article if he receives a dishonorable discharge from the military service of the United States or if he voluntarily...
Any person who would qualify as a military licensee except for the failure to notify the commissioner of his entry into the military service of the United States may apply to the...
Section 114 of this code does not apply to this part....
If, on June 30 of any year, the balance remaining in the Recovery Account in the Real Estate Fund is less than two hundred thousand dollars ($200,000), every licensed broker, when...
(a) In addition to the amount paid into the Recovery Account as set forth in Section 10450.6, the Real Estate Commissioner may authorize the transfer from the Real Estate Fund to the...
(a) When an aggrieved person obtains (1) a final judgment in a court of competent jurisdiction, including, but not limited to, a criminal restitution order issued pursuant to subdivision...
(a) The claimant shall serve a copy of the notice prescribed in subdivision (e) together with a copy of the application upon the judgment debtor by personal service, by certified mail,...
you must file a written response to the application addressed to the Department of Real Estate at ___________ within 30 days after mailing, delivery, or publication of this notice and mail or ...
(a) If the commissioner determines that the application as submitted by the claimant fails to comply substantially with the requirements of Section 10471 or with the requirements of...
(a) The commissioner shall render a final written decision on the application within 90 days after a completed application has been received unless the claimant agrees in writing to...
In its consideration and investigation of an application, the department shall have recourse to all appropriate means of investigation and discovery available to it under Article 2 (commencing...
(a) The commissioner shall give notice of a decision rendered with respect to the application to the claimant and to a judgment debtor who has filed a timely response to the...
If, at any time prior to the rendering of a decision on an application, the commissioner makes a preliminary determination that the aggregate valid applications of all aggrieved...
(a) A claimant against whom the commissioner has rendered a decision denying an application pursuant to Section 10471 may, within six months after the mailing of the notice of the denial,...
(a) The commissioner and the judgment debtor shall each have 30 days after being served with the application in which to file a written response. The court shall thereafter set the...
Whenever the court proceeds upon an application under Section 10472, it shall order payment out of the Recovery Account only upon a determination that the aggrieved party has a valid...
The judgment debtor may defend an action against the Recovery Account on his or her own behalf and shall have recourse to all appropriate means of defense and review, including...
Notwithstanding any other provision of this chapter and regardless of the number of persons aggrieved or parcels of real estate involved in a transaction or the number of judgments...
If the amount of liability of the Recovery Account as provided for in Section 10474 is insufficient to pay in full the valid claims of all aggrieved persons by whom claims have been...
Should the commissioner pay from the Recovery Account any amount in settlement of a claim or toward satisfaction of a judgment against a licensed broker or salesperson, the license of...
If, at any time, the money deposited in the Recovery Account is insufficient to satisfy any duly authorized claim or portion thereof, the commissioner shall, when sufficient money...
Any sums received by the commissioner pursuant to any provisions of this chapter shall be deposited in the State Treasury and credited to the Recovery Account....
It shall be unlawful for any person or the agent of any person to file with the commissioner any notice, statement, or other document required under the provisions of this chapter which...
When, the commissioner has paid from the Recovery Account any sum to the judgment creditor, the commissioner shall be subrogated to all of the rights of the judgment creditor and...
The failure of an aggrieved person to comply with all of the provisions of this chapter shall constitute a waiver of any rights hereunder....
Nothing in this chapter limits the authority of the commissioner to take disciplinary action against any licensee for a violation of the Real Estate Law, or of Chapter 1 (commencing...
Except as otherwise provided in Section 10131.4 and this chapter, it is unlawful for any person to engage in any of the following acts for another or others for compensation or in expectation...
Except as otherwise provided in Section 10131.45 and in this chapter, it is unlawful for any person to engage in the following businesses as a principal unless the person is licensed as a...
(a) The Real Estate Commissioner may file a complaint for any violation of Section 10500 or 10500.5 before any court of competent jurisdiction, and the commissioner and the...
A mineral, oil and gas broker 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...
Mineral, oil or gas property refers to land used for, intended to be used for, or concerning which representations are made with respect to, the mining of minerals or the extraction of oil...
No person engaged in the business or acting in the capacity of a mineral, oil and gas broker within this state shall bring or maintain any action in the courts of this state for the...
(a) It is unlawful for a mineral, oil, and gas broker or a real estate broker to employ or compensate, directly or indirectly, any person who is not a mineral, oil, and gas broker or...
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...
In performing acts within the scope and under the authority of this chapter, mineral, oil and gas brokers are subject to the provisions applicable to real estate brokers contained...
(a) Mineral, oil, and gas brokers in performing acts within the scope and under the authority of this chapter are subject to the provisions applicable to real estate brokers contained...
(a) The commissioner may issue a restricted mineral, oil, and gas broker license to a person whose mineral, oil, and gas broker license has been revoked as the result of disciplinary...
There is no property right and no right to the renewal of a restricted license issued pursuant to Section 10519. The commissioner may suspend a restricted license pending the holding of...
Upon grounds provided in this article and the other articles of this chapter, the license of any mineral, oil and gas licensee may be revoked or suspended in accordance with the provisions...
The commissioner may, upon his own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any person engaged in the business or acting in the capacity...
The commissioner may suspend or revoke the license of any mineral, oil, and gas licensee who has done any of the following: (a) Entered a plea of guilty or nolo contendere to, or been...
When a final judgment is obtained in a civil action against any mineral, oil and gas license, upon grounds of fraud, misrepresentation, or deceit with reference to any transaction for which a...
The commissioner may suspend or revoke the mineral, oil, and gas license of a corporation as to any officer or agent acting under its mineral, oil, and gas license, without revoking...
Mineral, oil, and gas brokers are subject to the provisions applicable to real estate brokers contained in Sections 10200, 10207, 10209.5, 10210, 10211, and 10222....