DIVISION 4. REAL ESTATE [10000. - 11506.]

Division 4 added by Stats. 1943, Ch. 127.

§§ 10000–11506 · 589 sections

PART 1. LICENSING OF PERSONS §§ 10000–10580 · 368 sections
1. CHAPTER 1. General Provisions §§ 10000–10035 · 48 sections
  - § 10000 This part may be cited as the Real Estate Law.
  - § 10001 Except as otherwise specified, the definitions in this chapter apply to the provisions of this part only and do not affect any other provisions of this code.
  - § 10003 “Commissioner” means the Real Estate Commissioner.
  - § 10004 (a) “Department” means the Department of Real Estate in the Business and Consumer Services Agency. (b) The amendments made to this section by the act adding…
  - § 10005 (a) Whenever the terms “bureau,” “division,” “Bureau of Real Estate,” “State Real Estate Division,” or “Real Estate Division” are used in this division, they…
  - § 10006 “Person” includes corporation, company and firm.
  - § 10007 “Provisions of this part relating to real estate” means the provisions of Chapters 1, 2, 3, and 6 of Part 1.
  - § 10008 “Provisions of this part relating to business opportunity regulation” means the provisions of Chapters 1, 2, and 6 of Part 1.
  - § 10008.5 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…
  - § 10009.5 “Provisions of this part relating to mineral, oil, and gas brokerage” means the provisions of Chapters 1, 2, 6, and 7, of Part 1.
  - § 10010 “Provisions of this part relating to hearings” means the provisions of Article 3 of Chapter 2 of Part 1.
  - § 10010.5 (a) Nothing in Assembly Bill 1289 of the 2017–18 Regular Session or Assembly Bill 2884 of the 2017–18 Regular Session shall be construed to affect any of the…
  - § 10011 “Licensee,” when used without modification, means a person, whether broker or salesperson, licensed under any of the provisions of this part.
  - § 10012 “Broker,” when used without modification, means a person licensed as a broker under any of the provisions of this part.
  - § 10013 “Salesperson,” when used without modification, means a person licensed as a salesperson under any of the provisions of this part. Whenever the word salesman is…
  - § 10014 “Real estate licensee” means a person, whether broker or salesperson, licensed under Chapter 3 of this part.
  - § 10015 “Real estate broker” means a person licensed as a broker under Chapter 3 of this part.
  - § 10015.1 “Responsible broker” means the real estate broker responsible for the exercise of control and supervision of real estate salespersons under Section 10159.2, or…
  - § 10015.2 “Manager” means a real estate licensee authorized to perform supervisorial services for a responsible broker.
  - § 10015.3 “Broker associate” means a broker retained by a responsible broker who has authority to provide services requiring a real estate license on behalf of the…
  - § 10015.4 “Responsible broker’s identity” means the name under which the responsible broker is currently licensed by the department and conducts business in general or…
  - § 10015.5 “Professional identity” includes “responsible broker’s identity” and the identity under which the licensee is authorized to do business.
  - § 10016 “Real estate salesperson” means a natural person licensed as a salesperson under Chapter 3 of this part and who, for a compensation or in expectation of a…
  - § 10018.01 “Retained” means the relationship between a broker and a licensee who is either an independent contractor affiliated with, or an employee of, a broker to…
  - § 10018.02 “Seller” means a transferor in a real property transaction, and includes an owner who lists real property with a licensee, whether or not a transfer results,…
  - § 10018.03 “Listing agent” means a licensee who provides services requiring a real estate license for or on behalf of a seller pursuant to a listing agreement. Listing…
  - § 10018.04 “Seller’s agent” means a licensee who provides services requiring a real estate license for or on behalf of a seller. A seller’s agent may or may not be a…
  - § 10018.05 “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through a…
  - § 10018.06 “Buyer’s agent” means a licensee who provides services requiring a real estate license for or on behalf of a buyer.
  - § 10018.07 “Real property” means any estate specified in (1) or (2) of Section 761 of the Civil Code in property, and includes (a) single-family residential property, (b)…
  - § 10018.08 “Single-family residential property” or “Single-family residential real property” means: (a) real property improved with one to four dwelling units, including…
  - § 10018.09 “Commercial real property” means all real property except (a) single-family residential real property, (b) dwelling units made subject to Chapter 2 (commencing…
  - § 10018.10 Except as provided in Section 10239.2, “sell,” “sale,” or “sold” means a transaction for the transfer of real property from a seller to a buyer, and includes…
  - § 10018.11 “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property…
  - § 10018.13 “Appraiser” means a person licensed or certified under Part 3 (commencing with Section 11300).
  - § 10018.14 “Listing agreement” means a written contract between a seller of real property or a business opportunity and a real estate broker by which the broker has been…
  - § 10018.15 “Exclusive right to sell listing agreement” means a listing agreement whereby the owner grants to a seller’s agent, for a specified period of time, the…
  - § 10018.16 “Seller reserved listing agreement” means a listing agreement whereby the owner grants to a seller’s agent, for a specified period of time, the exclusive right…
  - § 10018.17 “Open listing agreement” means a listing agreement which grants no exclusive rights or priorities to the seller’s agent, and the agreed commission is payable…
  - § 10023 “Mineral, oil, and gas licensee” means a person licensed under Chapter 7 (commencing with Section 10500) of this part.
  - § 10024 “Mineral, oil, and gas broker” means a person licensed as a broker under Chapter 7 of this part.
  - § 10026 (a) The term “advance fee,” as used in this part, is a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee…
  - § 10027 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,…
  - § 10028 “Trust deed” or “deed of trust” as used in this part includes “mortgage.”
  - § 10029 “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…
  - § 10030 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…
  - § 10032 (a) All obligations created under Section 10000, and following, all regulations issued by the commissioner relating to real estate salespersons, and all other…
  - § 10035 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…
2. CHAPTER 2. Administration §§ 10050–10106 · 37 sections
  1. ARTICLE 1. The Real Estate Commissioner §§ 10050–10088 · 31 sections
    § 10050 (a) (1) There is in the Business and Consumer Services Agency a Department of Real Estate, the chief officer of which department is named the Real Estate…
    § 10050.1 Protection of the public shall be the highest priority for the Department of Real Estate in exercising its licensing, regulatory, and disciplinary functions.…
    § 10051 The commissioner shall be appointed by the Governor.
    § 10052 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…
    § 10053 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…
    § 10071 The commissioner shall enforce the provisions of this part and of Chapter 1 (commencing with Section 11000) of Part 2. The commissioner has full power to…
    § 10073 The commissioner shall employ deputies, clerks, and employees as needed to discharge in the proper manner the duties imposed upon the commissioner by law.
    § 10073.5 (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related…
    § 10074 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…
    § 10075 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…
    § 10076 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.…
    § 10077 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…
    § 10078 (a) The commissioner shall adopt a seal with the words “Real Estate Commissioner State of California” and any other device as the commissioner may desire…
    § 10079 (a) The Attorney General shall render to the commissioner opinions upon all questions of law relating to the construction or interpretation of this part or…
    § 10080 The commissioner may adopt, amend, or repeal rules and regulations that are reasonably necessary for the enforcement of the provisions of this part and of…
    § 10080.5 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…
    § 10080.9 (a) If, upon inspection, examination, or investigation, the commissioner has cause to believe that a person who does not possess a real estate license is…
    § 10081 (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…
    § 10081.5 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…
    § 10082 The commissioner may publish or cause to be published at appropriate intervals a directory or list of licensed brokers and salespersons and may publish…
    § 10083 The commissioner may periodically issue a bulletin containing matter relating to the department, and to the provisions of this part and of Chapter 1…
    § 10083.2 (a) (1) The commissioner shall provide information on the internet regarding the status of every license issued by the department in accordance with the…
    § 10084 The commissioner may prepare a pamphlet or brochure dealing with disclosures of information in residential real estate transactions. The costs of preparation…
    § 10084.1 (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…
    § 10084.2 (a) As existing resources permit, or as private resources are made available, the Homeowners’ Guide to Environmental Hazards prepared pursuant to Section…
    § 10085 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…
    § 10085.5 (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…
    § 10085.6 (a) Notwithstanding any other provision of law, it shall be unlawful for any licensee who negotiates, attempts to negotiate, arranges, attempts to arrange, or…
    § 10086 (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…
    § 10087 (a) In addition to acting pursuant to the authority provided under Sections 10086, 10176, and 10177, the commissioner may, after appropriate notice and…
    § 10088 After the filing of a desist and refrain order or a bar order, or the commencement of a formal disciplinary action by the commissioner, and upon a finding by…
  2. ARTICLE 3. Hearings §§ 10100–10106 · 6 sections
    § 10100 (a) Before suspending or revoking a license or license endorsement issued under the provisions of this part, the department shall proceed as prescribed by…
    § 10100.2 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…
    § 10100.4 (a) Notwithstanding Section 11415.60 of the Government Code, the department may enter into a settlement with a licensee or applicant instead of the issuance of…
    § 10101 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…
    § 10103 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…
    § 10106 (a) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding before the department, the commissioner may request the…
3. CHAPTER 3. Real Estate Regulations §§ 10130–10249.93 · 231 sections
  1. ARTICLE 1. Scope of Regulation §§ 10130–10149 · 43 sections
    § 10130 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…
    § 10131 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…
    § 10131.01 (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…
    § 10131.1 (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…
    § 10131.2 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…
    § 10131.3 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…
    § 10131.4 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…
    § 10131.45 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…
    § 10131.5 A nonresident of California may become a real estate broker by conforming to all of the provisions of this part.
    § 10131.6 (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…
    § 10131.7 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…
    § 10133 (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…
    § 10133.1 (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…
    § 10133.15 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…
    § 10133.2 The provisions of Sections 10016, 10131, 10131.1, and 10132 do not apply to any stenographer, bookkeeper, receptionist, telephone operator, or other clerical…
    § 10133.3 The provisions of Sections 10131 and 10131.2 relating to business opportunities do not apply to any person, partnership, corporation, or other legal entity…
    § 10133.35 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…
    § 10133.4 (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…
    § 10133.45 (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…
    § 10133.5 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…
    § 10135 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…
    § 10136 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…
    § 10137 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…
    § 10137.1 Nothing contained in this division shall preclude a partnership from performing acts for which a real estate broker license is required, provided every partner…
    § 10138 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…
    § 10139 Any person acting as a real estate broker, real estate salesperson, or mortgage loan originator without a license or license endorsement, or who advertises…
    § 10140 Every officer, agent or employee of any company, and every other person who knowingly authorizes, directs or aids in the publication, advertisement,…
    § 10140.5 Each advertisement or other statement which is published by a real estate broker or salesperson offering to assist persons to file applications for the…
    § 10140.6 (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…
    § 10140.8 (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…
    § 10141 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…
    § 10141.5 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…
    § 10141.6 (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…
    § 10142 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…
    § 10143.5 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…
    § 10144 The commissioner may prescribe by regulation the information which shall be contained in contracts or other agreements by a real estate licensee to assist…
    § 10145 (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…
    § 10146 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…
    § 10147 (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…
    § 10147.5 (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…
    § 10147.6 (a) Any licensee who negotiates, attempts to negotiate, arranges, attempts to arrange, or otherwise offers to perform a mortgage loan modification or other…
    § 10148 (a) A licensed real estate broker shall retain for three years copies of all listings, deposit receipts, canceled checks, trust records, and other documents…
    § 10149 (a) The Alfred E. Alquist Seismic Safety Commission shall develop, adopt, and publish a Homeowner’s Guide to Earthquake Safety for distribution to licensees…
  2. ARTICLE 2. Licenses §§ 10150–10165.1 · 36 sections
    § 10150 (a) Application for the real estate broker license examination shall be made in writing to the commissioner. The commissioner may prescribe the format and…
    § 10150.6 (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…
    § 10151 (a) Application for the real estate salesperson license examination shall be made in writing to the commissioner. The commissioner may prescribe the format and…
    § 10151.2 (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…
    § 10151.3 The Department of Real Estate shall compile information on military, veteran, and spouse licensure into an annual report for the Legislature, which shall be…
    § 10151.5 (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…
    § 10152 (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…
    § 10152.5 (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related…
    § 10153 In addition to the proof of honesty and truthfulness required of any applicant for a real estate license, the commissioner shall ascertain by written…
    § 10153.01 (a) No person shall cheat on, subvert, or attempt to subvert a licensing examination given by the department. Cheating on, subverting, or attempting to subvert…
    § 10153.1 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…
    § 10153.2 (a) An applicant to take the examination for an original real estate broker license shall also submit evidence, satisfactory to the commissioner, of successful…
    § 10153.3 (a) Licenses that were suspended pursuant to former Section 10153.4, as it read on December 31, 2025, and for which the current license status remains…
    § 10153.5 As used in Sections 10151 and 10153.2, “an equivalent course of study” consists of courses at a private vocational school that have been found by the…
    § 10153.6 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…
    § 10153.7 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…
    § 10153.8 When an applicant for a real estate license fails the qualifying examination, the applicant may apply for reexamination by filing the appropriate application…
    § 10156.2 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…
    § 10156.5 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…
    § 10156.6 A restricted license issued pursuant to Section 10156.5 as the commissioner in their discretion finds advisable in the public interest may be restricted: (a)…
    § 10156.7 (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…
    § 10156.8 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…
    § 10157 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.
    § 10158 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…
    § 10159 Each officer of a corporation through whom it is licensed to act as a real estate broker need not be a licensed real estate broker, but if not, is authorized…
    § 10159.2 (a) The officer designated by a corporate broker licensee pursuant to Section 10211 shall be responsible for the supervision and control of the activities…
    § 10159.5 (a) (1) Every person applying for a license under this chapter who desires to have the license issued under a fictitious business name shall file with the…
    § 10159.6 All of the following apply to use of a team name, as defined in paragraph (3) of subdivision (a) of Section 10159.7: (a) Notwithstanding subdivision (b) of…
    § 10159.7 (a) For the purposes of this article, the following definitions shall apply: (1) “Fictitious business name” means a professional identity or brand name under…
    § 10161.5 When the holder of a real estate broker’s or salesperson’s license is required to relinquish his or her license to assume an office in local, state, or federal…
    § 10161.8 (a) The commissioner shall specify the manner in which a responsible broker shall provide notice to the commissioner of an affiliation with a real estate…
    § 10162 (a) Every licensed real estate broker shall have and maintain a definite place of business in the State of California that serves as the broker’s office for…
    § 10163 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…
    § 10164 (a) A responsible broker or corporate designated broker officer may appoint a licensee as a manager of a branch office or division of the responsible broker’s…
    § 10165 For a violation of Section 10161.8, 10162, 10163, or subdivision (b) of Section 10164, the commissioner may temporarily suspend or permanently revoke the…
    § 10165.1 This article does not require the department to post or publish electronic mail addresses or telephone numbers collected pursuant to Section 10150, 10151, or…
  3. ARTICLE 2.1. Secure and Fair Enforcement for Mortgage Licenses §§ 10166.01–10166.17 · 18 sections
    § 10166.01 For purposes of this article, the following definitions shall apply: (a) “SAFE Act” means the federal Secure and Fair Enforcement for Mortgage Licensing Act of…
    § 10166.02 (a) A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131, and who makes, arranges, or services loans secured by…
    § 10166.03 (a) A loan processor or underwriter who does not represent to the public, through advertising or other means of communicating or providing information,…
    § 10166.04 (a) In connection with an application to the commissioner for a license endorsement as a mortgage loan originator, every applicant shall furnish to the…
    § 10166.05 Notwithstanding any other provision of law, the commissioner shall not issue a license endorsement to act as a mortgage loan originator to an applicant unless…
    § 10166.051 In addition to any penalties authorized by regulations adopted pursuant to Section 10166.15, the commissioner may do one or more of the following, after…
    § 10166.06 (a) In addition to the requirements of Section 10153, an applicant for a license endorsement as a mortgage loan originator shall complete at least 20 hours of…
    § 10166.07 (a) A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131, and who makes, arranges, or services one or more…
    § 10166.08 Each mortgage loan originator shall submit reports of condition to the Nationwide Multistate Licensing System and Registry reports of condition, and those…
    § 10166.09 The minimum standards for renewal of an endorsement as a mortgage loan originator shall include the following: (a) The mortgage loan originator continues to…
    § 10166.10 (a) A mortgage loan originator shall complete at least eight hours of continuing education annually, which shall include at least three hours relating to…
    § 10166.11 (a) A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131 and who makes, arranges, or services loans secured by…
    § 10166.12 (a) As often as the commissioner deems necessary and appropriate, the commissioner shall examine the affairs of each real estate broker who is required to…
    § 10166.13 A real estate broker who acts pursuant to Section 10131.1 or subdivision (d) or (e) of Section 10131 and who makes, arranges, or services loans secured by real…
    § 10166.14 A real estate broker shall notify the department when he or she is no longer subject to this part. If a broker has already made reports required by Sections…
    § 10166.15 (a) The commissioner shall regularly report violations of this article, as well as enforcement actions taken against any mortgage loan originator to whom an…
    § 10166.16 (a) Except as otherwise provided in Section 1512 of the SAFE Act, the requirements under any federal or state law regarding the privacy or confidentiality of…
    § 10166.17 In addition to any other duties imposed upon the commissioner by law, the commissioner shall require mortgage loan originators to be licensed and registered…
  4. ARTICLE 2.3. Prepaid Rental Listing Service §§ 10167–10167.17 · 20 sections
    § 10167 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…
    § 10167.1 This article shall not apply to a newspaper of general circulation.
    § 10167.2 (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…
    § 10167.3 (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…
    § 10167.4 The commissioner may require such proof as they may deem advisable concerning the honesty and truthfulness of (a) any applicant for a license as a prepaid…
    § 10167.45 (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related…
    § 10167.5 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…
    § 10167.6 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…
    § 10167.7 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…
    § 10167.8 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…
    § 10167.9 (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…
    § 10167.95 Prior to the acceptance of a fee, and in addition to the contract required pursuant to Section 10167.9, a licensee shall provide the prospective tenant with…
    § 10167.10 (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…
    § 10167.11 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,…
    § 10167.12 (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…
    § 10167.13 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…
    § 10167.14 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,…
    § 10167.15 Any person, including an officer, director, or employee of a corporation who willfully violates any provision of this article is guilty of a misdemeanor.
    § 10167.16 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…
    § 10167.17 The commissioner shall, by regulation, make prepaid rental listing service licensees and applicants for prepaid rental listing service licenses subject to the…
  5. ARTICLE 2.5. Continuing Education §§ 10170–10171.5 · 10 sections
    § 10170 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…
    § 10170.2 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…
    § 10170.4 The commissioner shall adopt regulations pursuant to Section 10080, to prescribe all of the following: (a) A definition of basic requirements for continuing…
    § 10170.5 (a) Except as otherwise provided in Section 10170.8, a real estate license shall not be renewed unless the commissioner finds that the applicant for license…
    § 10170.6 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…
    § 10170.8 (a) This article shall not apply to a real estate licensee who submits proof satisfactory to the commissioner that the real estate licensee has been a real…
    § 10171.2 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…
    § 10171.3 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,…
    § 10171.4 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,…
    § 10171.5 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…
  6. ARTICLE 3. Disciplinary Action §§ 10175–10186.9 · 21 sections
    § 10175 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…
    § 10175.2 (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…
    § 10176 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 person…
    § 10176.1 (a) (1) Whenever the commissioner takes any enforcement or disciplinary action against a licensee, and the enforcement or disciplinary action is related to…
    § 10176.5 (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…
    § 10177 The commissioner may suspend or revoke the license of a real estate licensee, delay the renewal of a license of a real estate licensee, or deny the issuance of…
    § 10177.1 The commissioner may, without a hearing, suspend the license of any person who procured the issuance of the license to himself by fraud, misrepresentation,…
    § 10177.2 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…
    § 10177.3 (a) No licensee shall knowingly or intentionally misrepresent the value of real property. (b) No licensee that offers or provides an opinion of value of…
    § 10177.4 (a) Notwithstanding any other provision of law, the commissioner may, after hearing in accordance with this part relating to hearings, suspend or revoke the…
    § 10177.5 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…
    § 10177.6 When an agent undertakes to arrange financing in connection with a sale, lease, or exchange of real property, or when a person or entity arranging financing in…
    § 10178 When any real estate salesperson is discharged by his or her responsible broker for a violation of any of the provisions of this article prescribing a ground…
    § 10179 No violation of any of the provisions of this part relating to real estate or of Chapter 1 (commencing with Section 11000) of Part 2 of this division by any…
    § 10180 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…
    § 10182 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.
    § 10185 Any person, including officers, directors, agents or employees of corporations, who willfully violates or knowingly participates in the violation of this…
    § 10186 (a) Following an administrative proceeding, or in connection with a stipulation, when the commissioner grants the right to a license applicant or a licensee to…
    § 10186.1 (a) A license or an endorsement of the department shall be suspended automatically during any time that the licensee is incarcerated after conviction of a…
    § 10186.2 (a) (1) A licensee shall report any of the following to the department: (A) The bringing of a criminal complaint, information, or indictment charging a felony…
    § 10186.9 Notwithstanding any other provision of law, on and after January 1, 2015, the department shall be subject to review by the appropriate policy committees of the…
  7. ARTICLE 4. Fees §§ 10200–10227 · 20 sections
    § 10200 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…
    § 10201 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,…
    § 10201.6 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.
    § 10202 The definitions contained in this article are solely for the purposes of this article.
    § 10207 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.…
    § 10208.5 The real estate broker license examination fee is one hundred fifty dollars ($150), not to exceed one hundred ninety-five dollars ($195). The real estate…
    § 10209 (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…
    § 10209.2 The commissioner shall, by regulation, establish fees for applications for approval of educational courses, seminars, workshops, conference, or their…
    § 10209.5 The fee for a restricted broker license shall be the same as that for an unrestricted license as provided in Section 10210.
    § 10210 (a) The fee for a real estate broker license shall be four hundred fifty dollars ($450), not to exceed five hundred eighty-five dollars ($585). In the case of…
    § 10211 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…
    § 10213.5 The real estate salesperson license examination fee shall be one hundred dollars ($100), not to exceed one hundred thirty dollars ($130). The real estate…
    § 10213.6 If an applicant for any examination fails to take the examination on the date scheduled, they may make application in writing to the principal office of the…
    § 10214.5 The fee for a restricted salesperson license shall be the same as that for an unrestricted license as provided in Section 10215.
    § 10215 (a) The fee for a real estate salesperson license shall be three hundred fifty dollars ($350), not to exceed four hundred fifty-five dollars ($455). In the…
    § 10222 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…
    § 10225 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…
    § 10226 (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…
    § 10226.5 (a) If at any time funds are transferred or loaned from the Real Estate Fund to the General Fund by the Budget Act, then 30 days from and after the date of the…
    § 10227 (a) Beginning January 1, 2025, before submitting a regulatory fee increase proposal to the Office of Administrative Law for initial publication, the department…
  8. ARTICLE 5. Transactions in Trust Deeds and Real Property Sales Contracts §§ 10230–10236.7 · 27 sections
    § 10230 (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…
    § 10231 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…
    § 10231.1 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…
    § 10231.2 (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…
    § 10232 (a) Except as otherwise expressly provided, Sections 10232.2, 10232.25, 10233, and 10236.6 are applicable to every real estate broker who intends or reasonably…
    § 10232.1 (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…
    § 10232.2 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…
    § 10232.25 (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…
    § 10232.3 (a) Any transaction that involves the sale of or offer to sell a note secured directly by an interest in one or more parcels of real property or the sale of an…
    § 10232.4 (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…
    § 10232.45 (a) Any broker subject to the provisions of Section 10232.3 or Article 6 (commencing with Section 10237) shall make reasonable efforts to ensure all of the…
    § 10232.5 (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…
    § 10232.6 (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…
    § 10233 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…
    § 10233.1 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…
    § 10233.2 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…
    § 10234 (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…
    § 10234.5 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…
    § 10235 No real estate licensee shall knowingly advertise, print, display, publish, distribute, telecast or broadcast, or cause or permit to be advertised, printed,…
    § 10235.5 (a) A real estate licensee or mortgage loan originator shall not place an advertisement disseminated primarily in this state for a loan unless there is…
    § 10236 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…
    § 10236.1 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…
    § 10236.2 (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…
    § 10236.4 (a) In compliance with Section 10235.5, every licensed real estate broker shall also display their license number on all advertisements where there is a…
    § 10236.5 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…
    § 10236.6 (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…
    § 10236.7 (a) A real estate broker, when engaging in acts for which a license is required, who arranges a transaction pursuant to Article 6 (commencing with Section…
  9. ARTICLE 6. Claim of Exemption From Securities Qualification §§ 10237–10239.3 · 6 sections
    § 10237 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…
    § 10238 (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…
    § 10239 The jurisdiction of the Commissioner of Financial Protection and Innovation under the Corporate Securities Law of 1968 shall be neither limited nor expanded by…
    § 10239.1 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…
    § 10239.2 For the purposes of this article, the following definitions shall apply: (a) “Broker” means a person licensed as a broker under this part. (b) “Affiliate”…
    § 10239.3 (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…
  10. ARTICLE 7. Real Property Loans §§ 10240–10248.3 · 22 sections
    § 10240 (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…
    § 10240.1 The provisions of this article, exclusive of the provisions of Section 10240, apply only to loans secured by a dwelling.
    § 10240.2 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…
    § 10240.3 (a) The commissioner shall apply the guidance on nontraditional mortgage product risks published on November 14, 2006, by the Conference of State Bank…
    § 10241 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…
    § 10241.1 (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…
    § 10241.2 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…
    § 10241.3 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…
    § 10241.4 (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…
    § 10242 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…
    § 10242.5 (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…
    § 10242.6 (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…
    § 10243 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…
    § 10244 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…
    § 10244.1 Notwithstanding the provisions of Section 10244, on a loan secured directly or collaterally by a lien on real property comprising an owner-occupied dwelling,…
    § 10245 The provisions of this article, exclusive of the provisions of Sections 10240, 10240.3, 10242.5, and 10242.6, do not apply to any bona fide loan secured…
    § 10246 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…
    § 10247 The provisions of this article pertaining to maximum costs and expenses, charges and interest, together with the penalties stated in this article, shall apply…
    § 10248 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…
    § 10248.1 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…
    § 10248.2 (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…
    § 10248.3 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…
  11. ARTICLE 8. Out-of-State Land Promotions §§ 10249–10249.93 · 8 sections
    § 10249 (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…
    § 10249.1 “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…
    § 10249.3 (a) The commissioner may by regulation prescribe filing fees in connection with registrations with the department pursuant to the provisions of this article…
    § 10249.8 (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…
    § 10249.9 (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…
    § 10249.91 The term of a registration issued pursuant to this article shall be one year, unless the commissioner by regulation prescribes a longer term.
    § 10249.92 A registration application pursuant to the provisions of this article shall be accompanied by an irrevocable consent stating that if in any action commenced…
    § 10249.93 (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…
4. CHAPTER 6. Revenue §§ 10450–10464 · 12 sections
  1. ARTICLE 1. Real Estate Fund §§ 10450–10454 · 7 sections
    § 10450 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…
    § 10450.6 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…
    § 10451 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…
    § 10451.5 (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…
    § 10452 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…
    § 10453 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.
    § 10454 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…
  2. ARTICLE 2. Exemption from Fees §§ 10460–10464 · 5 sections
    § 10460 As used in this article: (a) “Military licensee” refers to a person who, while holding a license or license endorsement under the Real Estate Law, or any of…
    § 10461 A military licensee shall not be required to renew his or her license or license endorsement under this part, or his or her license under Chapter 19 of…
    § 10462 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…
    § 10463 A person who would qualify as a military licensee except for the failure to notify the commissioner of his or her entry into the military service of the United…
    § 10464 Section 114 of this code does not apply to this part.
5. CHAPTER 6.5. Real Estate Recovery Program §§ 10470–10481 · 22 sections
  - § 10470 If, on June 30 of any year, the balance remaining in the Consumer Recovery Account in the Real Estate Fund is less than two hundred thousand dollars…
  - § 10470.1 (a) In addition to the amount paid into the Consumer Recovery Account as set forth in Section 10450.6, the Real Estate Commissioner may authorize the transfer…
  - § 10471 (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…
  - § 10471.1 (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…
  - § 10471.2 (a) If the commissioner determines that the application as submitted by the claimant fails to comply substantially with the requirements of Section 10471 or…
  - § 10471.3 (a) The commissioner shall render a final written decision on the application within 90 days after a completed application has been received unless the…
  - § 10471.4 (a) In its consideration and investigation of an application, the department shall have recourse to all appropriate means of investigation and discovery…
  - § 10471.5 (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…
  - § 10471.6 If, at any time prior to the rendering of a decision on an application, the commissioner makes a preliminary determination that the aggregate valid…
  - § 10472 (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…
  - § 10472.1 (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…
  - § 10473 Whenever the court proceeds upon an application under Section 10472, it shall order payment out of the Consumer Recovery Account only upon a determination that…
  - § 10473.1 The judgment debtor may defend an action against the Consumer Recovery Account on their own behalf and shall have recourse to all appropriate means of defense…
  - § 10474 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…
  - § 10474.5 If the amount of liability of the Consumer Recovery Account as provided for in Section 10474 is insufficient to pay in full the valid claims of all aggrieved…
  - § 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…
  - § 10476 If, at any time, the money deposited in the Consumer Recovery Account is insufficient to satisfy any duly authorized claim or portion thereof, the commissioner…
  - § 10477 Any sums received by the commissioner pursuant to any provisions of this chapter shall be deposited in the State Treasury and credited to the Consumer Recovery…
  - § 10478 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…
  - § 10479 When, the commissioner has paid from the Consumer Recovery Account any sum to the judgment creditor, the commissioner shall be subrogated to all of the rights…
  - § 10480 The failure of an aggrieved person to comply with all of the provisions of this chapter shall constitute a waiver of any rights hereunder.
  - § 10481 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…
6. CHAPTER 7. Mineral, Oil and Gas Brokerage §§ 10500–10580 · 18 sections
  1. ARTICLE 1. Scope of Regulation §§ 10500–10513 · 9 sections
    § 10500 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…
    § 10500.5 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…
    § 10501 (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…
    § 10502 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…
    § 10503 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…
    § 10508 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…
    § 10509 (a) It is unlawful for a mineral, oil, and gas broker or a real estate broker to compensate, directly or indirectly, any person who is not a mineral, oil, and…
    § 10512 Every officer, agent or employee of any company, and every other person who knowingly authorizes, directs or aids in the publication, advertisement,…
    § 10513 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…
  2. ARTICLE 2. Licenses §§ 10515–10519.1 · 3 sections
    § 10515 (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…
    § 10519 (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…
    § 10519.1 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…
  3. ARTICLE 4. Disciplinary Action §§ 10560–10564 · 5 sections
    § 10560 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…
    § 10561 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 person…
    § 10562 The commissioner may suspend or revoke the license of a mineral, oil, and gas licensee who has done any of the following: (a) Entered a plea of guilty or nolo…
    § 10562.5 When a final judgment is obtained in a civil action against any mineral, oil and gas licensee upon grounds of fraud, misrepresentation, or deceit with…
    § 10564 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…
  4. ARTICLE 5. Fees § 10580 · 1 section
    § 10580 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…
PART 2. REGULATION OF TRANSACTIONS §§ 11000–11288 · 116 sections
1. CHAPTER 1. Subdivided Lands §§ 11000–11200 · 52 sections
  1. ARTICLE 1. General Provisions §§ 11000–11008 · 11 sections
    § 11000 (a) “Subdivided lands” and “subdivision” refer to improved or unimproved land or lands, wherever situated within California, divided or proposed to be divided…
    § 11000.1 (a) “Subdivided lands” and “subdivision,” as defined by Sections 11000 and 11004.5, also include improved or unimproved land or lands, a lot or lots, or a…
    § 11000.2 (a) A person who has made an offer to purchase an interest in an undivided-interest subdivision specified in subdivision (a) of, and not exempted by…
    § 11001 The Real Estate Commissioner (hereafter referred to in this chapter as the commissioner) may adopt, amend, or repeal such rules and regulations as are…
    § 11003 “Planned development” has the same meaning as specified in Section 4175 or 6562 of the Civil Code.
    § 11003.2 “Stock cooperative” has the same meaning as specified in Section 4190 or 6566 of the Civil Code, except that, as used in this chapter, a “stock cooperative”…
    § 11003.4 (a) A “limited-equity housing cooperative” or a “workforce housing cooperative trust” is a corporation that meets the criteria of Section 11003.2 and that also…
    § 11004 “Community apartment project” has the same meaning as specified in Section 4105 of the Civil Code.
    § 11004.5 In addition to the provisions of Section 11000, the reference in this code to “subdivided lands” and “subdivision” shall include all of the following: (a) Any…
    § 11007 Every nonresident subdivider shall file with the questionnaire an irrevocable consent that if, in any action commenced against him in this State, personal…
    § 11008 No provision of this part which makes a violation of this part a crime shall be construed to preclude application of any other criminal provision of the law of…
  2. ARTICLE 2. Investigation, Regulation and Report §§ 11010–11023 · 40 sections
    § 11010 (a) Except as otherwise provided pursuant to subdivision (c) or elsewhere in this chapter, any person who intends to offer subdivided lands within this state…
    § 11010.05 (a) A person who proposes to create a senior citizen housing development, as defined in Section 51.3 or 51.11 of the Civil Code, or an intergenerational…
    § 11010.1 Prior to the issuance of promissory notes secured by individual lots in an unrecorded subdivision, the owner, his agent or subdivider shall notify the…
    § 11010.2 (a) As used in this section: (1) “Quantitative” means the number and type of documents required to make the filing substantially complete, as defined in the…
    § 11010.3 (a) (1) This chapter shall not apply to the proposed sale or lease of those lots or other interests in a subdivision that are limited to industrial or…
    § 11010.35 (a) The provisions of this chapter shall not apply to the proposed sale or lease of five or more lots, parcels, or other interests in a subdivision or the sale…
    § 11010.4 The notice of intention specified in Section 11010 is not required for a proposed offering of subdivided land that satisfies all of the following criteria: (a)…
    § 11010.5 The filing of a second notice of intention to sell and a second report of the commissioner under this article shall not be required when all the following…
    § 11010.6 The provisions of this chapter shall not be applicable to subdivided land which is offered or proposed to be offered for sale, lease, or financing by a state…
    § 11010.7 The notice of intention specified in Section 11010 shall not apply to nonbinding expressions of intent to purchase or lease which an owner, agent, or…
    § 11010.8 (a) The requirement that a notice of intention be filed pursuant to Section 11010 is not applicable to the purchase of a mobilehome park by a nonprofit…
    § 11010.85 (a) The requirement that a notice of intention be filed pursuant to Section 11010 is not applicable to the purchase of a floating home marina by a nonprofit…
    § 11010.9 (a) Notwithstanding any other provision of law, the subdivider of a mobilehome park or floating home marina that is proposed to be converted to resident…
    § 11010.10 A person who plans to offer for sale or lease lots or other interests in a subdivision which sale or lease (a) is not subject to the provisions of this…
    § 11010.11 Notwithstanding any provision in the purchase contract to the contrary, if the subdivision is to be used for residential purposes, the subdivision public…
    § 11011 (a) The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate pursuant to this chapter and if…
    § 11012 It is unlawful for the owner, their agent, or subdivider, of the project, after it is submitted to the Department of Real Estate, to materially change the…
    § 11013 For the purposes of this part, a blanket encumbrance shall be considered to mean a trust deed or mortgage or any other lien or encumbrance, mechanics’ lien or…
    § 11013.1 It shall be unlawful, except as provided in Section 11013.2 or 11013.6, for the owner, subdivider, or agent to sell or lease lots or parcels within a…
    § 11013.2 Should there not exist in the blanket encumbrance or supplementary agreement a release clause as set forth in Section 11013.1, then it shall be unlawful for…
    § 11013.3 Taxes and assessments levied by public authority shall not be considered a blanket encumbrance within the meaning of Section 11013.
    § 11013.4 If a subdivision is not subject to a blanket encumbrance, as defined in Section 11013, it is unlawful for the owner, subdivider, or agent to sell or lease lots…
    § 11013.5 The public report of the commissioner, when issued, shall indicate the method or procedure selected by the owner or subdivider to comply with the provisions of…
    § 11013.6 Notwithstanding Sections 11013.1 and 11013.2, an individual interest in a stock cooperative, as defined in Section 4190 of the Civil Code, or a limited-equity…
    § 11014 The commissioner may investigate any subdivision being offered for sale or lease in this State. For the purposes of such investigations the commissioner may…
    § 11018 The Real Estate Commissioner shall make an examination of any subdivision, and shall, unless there are grounds for denial, issue to the subdivider a public…
    § 11018.1 (a) A copy of the public report of the commissioner, when issued, shall be given to the prospective purchaser by the owner, subdivider, or agent prior to the…
    § 11018.2 No person shall sell or lease, or offer for sale or lease in this state any lots or parcels in a subdivision without first obtaining a public report from the…
    § 11018.3 Any subdivider objecting to the denial of a public report may, within 30 days after receipt of the order of denial, file a written request for a hearing. The…
    § 11018.5 With respect to the subdivisions and interests of the type described in Section 11004.5, and in addition to the other grounds for denial of a public report as…
    § 11018.6 Any person offering to sell or lease any interest subject to the requirements of subdivision (a) of Section 11018.1 in a subdivision described in Section…
    § 11018.7 (a) No amendment or modification of provisions in the declaration of restrictions, bylaws, articles of incorporation or other instruments controlling or…
    § 11018.12 (a) The commissioner may issue a conditional public report for a subdivision specified in Section 11004.5 if the requirements of subdivision (e) are met, all…
    § 11018.13 (a) After written notice to the subdivider, or the subdivider’s representative, the commissioner may abandon any application for a subdivision public report if…
    § 11018.14 The commissioner shall not be a responsible agency for purposes of the California Environmental Quality Act (Division 13 (commencing with Section 21000),…
    § 11019 (a) Whenever the commissioner determines from available evidence that a person has done any of the following, the commissioner may order the person to desist…
    § 11020 (a) It shall be unlawful for any person to make, issue, publish, deliver, or transfer as true and genuine any public report which is forged, altered, false, or…
    § 11021 For the purpose of calculating the period of any applicable statute of limitations in any action or proceeding, either civil or criminal involving any…
    § 11022 (a) It is unlawful for an owner, subdivider, agent or employee of a subdivision or other person, with intent directly or indirectly to sell or lease subdivided…
    § 11023 Any person who violates Section 11010, 11010.1, 11010.8, 11013.1, 11013.2, 11013.4, 11018.2, 11018.7, 11018.9, 11018.10, 11018.11, 11019, or
  3. ARTICLE 3. Sales Contracts § 11200 · 1 section
    § 11200 Every sales contract relating to the purchase of real property in a subdivision as defined in this chapter shall clearly set forth the legal description of the…
2. CHAPTER 2. The Vacation Ownership and Time-Share Act of 2004 §§ 11210–11288 · 64 sections
  1. ARTICLE 1. General Provisions §§ 11210–11219 · 12 sections
    § 11210 This chapter may be cited as the Vacation Ownership and Time-share Act of 2004.
    § 11211 The purposes of this chapter are to do all of the following: (a) Provide full and fair disclosure to the purchasers and prospective purchasers of time-share…
    § 11211.5 (a) This chapter applies to all of the following: (1) Time-share plans with an accommodation or component site in this state. (2) Time-share plans without an…
    § 11211.7 (a) Any time-share plan registered pursuant to this chapter to which the Davis-Stirling Common Interest Development Act (Part 5 (commencing with Section 4000)…
    § 11212 As used in this chapter, the following definitions apply: (a) “Accommodation” means any apartment, condominium or cooperative unit, cabin, lodge, hotel or…
    § 11213 Each time-share estate, as specified in paragraph (1) of subdivision (x) of Section 11212, constitutes, for purposes of title, a separate estate or interest in…
    § 11214 (a) The developer shall supervise, manage, and control all aspects of the offering of the time-share plan by or on behalf of the developer, including, but not…
    § 11215 (a) The time-share instrument shall prohibit a person from seeking or obtaining, through any legal procedures, judicial partition of the time-share interest or…
    § 11216 (a) An exchange program is not a part of a time-share plan offering and, except as provided in this section and Section 11238, shall not be subject to either…
    § 11217 (a) The following communications shall not be deemed an advertisement or promotion and are exempt from this chapter so long as the communications are in…
    § 11218 A time-share interest in a time-share plan shall be deemed an interest in subdivided lands or a subdivision for purposes of subdivision (f) of Section 25100 of…
    § 11219 (a) Time-share plans registered as Qualified Resort Vacation Club Projects under prior law shall continue to operate under that prior law notwithstanding…
  2. ARTICLE 2. Registration, Sale Requirements, and Fees §§ 11225–11246 · 24 sections
    § 11225 A person shall not be required to register a time-share plan with the commissioner pursuant to this chapter if any of the following applies: (a) The person is…
    § 11226 (a) Any person who, to any individual located in the state, sells, offers to sell, or attempts to solicit prospective purchasers to purchase a time-share…
    § 11226.1 Any person offering to sell or lease any interest subject to the requirements of Section 11226 shall make a copy of each of the following documents available…
    § 11227 (a) Subject to subdivision (h), the commissioner shall issue a final public report if all registration requirements have been met as set forth in this chapter…
    § 11228 The term of a final public report shall be limited to five years. A renewal shall be issued if the developer, owner, or agent makes application for renewal of…
    § 11229 (a) In connection with its review of the registration application of a time-share plan, the commissioner may make an examination of any time-share property…
    § 11230 If the time-share plan, including any accommodations, or amenities within the common area are not completed prior to the issuance of a final public report for…
    § 11231 Every registration required to be filed with the commissioner under this chapter shall be reviewed and issued the specified public report in accordance with…
    § 11232 (a) The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate for a public report pursuant to…
    § 11233 An applicant for a public report for a time-share plan in which the use and occupancy of the time-share interest purchased in the time-share plan is determined…
    § 11234 A developer shall prepare, for issuance by the commissioner, a public report that shall fully and accurately disclose those facts concerning the time-share…
    § 11235 (a) A person who has entered into a contract to purchase a short-term product shall have the right to rescind the contract until midnight of the seventh…
    § 11236 (a) A receipt on the form specified herein shall be taken by or on behalf of the developer from each person executing a reservation agreement under authority…
    § 11237 (a) If a purchaser of a time-share interest in a time-share plan is offered the opportunity to acquire an incidental benefit in connection with the sale of a…
    § 11238 (a) The purchase contract entered into by any person who has made an offer to purchase a time-share interest or interests, any incidental benefit, made on the…
    § 11239 (a) To inform a purchaser of his or her right of cancellation under Section 11238, the developer shall attach to the face page of every copy of a public report…
    § 11240 An estimated operating budget for the time-share plan shall be filed with the commissioner along with the other information required to be registered pursuant…
    § 11241 (a) The developer is obligated for the expenses associated with unsold inventory held by the developer. The obligation can be fulfilled in either of the…
    § 11242 (a) In any time-share plan, the developer may undertake to pay a portion of the assessments otherwise payable by each purchaser (“buy down subsidy”). Any…
    § 11242.1 (a) The assurance specified in Section 11241 and, if applicable, the assurance specified in Section 11242, shall be delivered to the trustee or an escrow…
    § 11243 The developer shall comply with the following escrow requirements: (a) A developer of a time-share plan shall deposit into an escrow account in an acceptable…
    § 11244 (a) Excluding any encumbrance placed against the purchaser’s time-share interest securing the purchaser’s payment of purchase money financing for the purchase,…
    § 11245 (a) No person subject to this chapter shall do any of the following: (1) Make any material misrepresentation that is false or misleading in connection with any…
    § 11246 With each application for an amendment or renewal of a public report, and with the initial submittal of an application for a time-share plan in which sales…
  3. ARTICLE 3. Time-Share Plan Requirements §§ 11250–11256 · 7 sections
    § 11250 A time-share plan may be created in any accommodation unless otherwise prohibited. All time-share plans shall maintain a one-to-one purchaser to accommodation…
    § 11251 (a) The developer of a single site time-share plan and for the component sites of a multisite time-share plan located in the state, shall cause to be recorded…
    § 11252 In a time-share plan offering time-share use interests, the developer shall not encumber the accommodations of the time-share plan in a manner that could…
    § 11253 For single site time-share plans and component sites of multisite time-share plans located in this state, the time-share instrument shall require that the…
    § 11254 (a) In a time-share plan in which the fee or a long-term leasehold interest in all or some of the accommodations and in appurtenant real and personal property…
    § 11255 (a) The department shall require that each of the accommodations in a time-share plan offering time-share use interests be conveyed to a trustee or an…
    § 11256 (a) The contract proposed to be used by a developer applying for a public report for the sale or lease of time-share interests shall provide that if the escrow…
  4. ARTICLE 4. Management and Governance §§ 11265–11275 · 12 sections
    § 11265 (a) For single site time-share plans and component sites of a specific time-share interest multisite time-share plan, the following requirements apply: (1)…
    § 11265.1 (a) Regular and special assessments levied pursuant to the time-share instrument are delinquent 30 days after they become due, unless the time-share instrument…
    § 11266 (a) An amendment of a provision of the declaration or other document establishing the time-share plan may not be adopted without the vote or written assent of…
    § 11267 (a) The time-share instruments shall require the use of a managing entity for the time-share plan or component site pursuant to a written management agreement…
    § 11268 (a) Unless impracticable because of the number of members of the association, their places of residence in relation to each other, the international nature of…
    § 11269 (a) A member of an association including associations that provide for unequal assessments against members, shall be entitled to one vote for each time-share…
    § 11270 (a) The governing body shall consist of three directors for an association that does not contemplate more than 100 members and either five or seven directors…
    § 11271 (a) Regular meetings of the governing body of the association shall be held as prescribed in the bylaws, but not less frequently than annually. (b) (1) Regular…
    § 11272 (a) The following information concerning the time-share plan shall be made available to all time-share interest owners in the time-share plan: (1) A proposed…
    § 11273 (a) The books of account, minutes of members and governing body meetings, and all other records of the time-share plan maintained by the association or the…
    § 11274 (a) The association shall not be authorized to cause the absolute forfeiture of a time-share interest owner’s right, title, or interest in the time-share plan…
    § 11275 (a) Any contractual provision or other provision in the time-share instruments implemented after July 1, 2005, setting forth terms, conditions, and procedures…
  5. ARTICLE 5. Powers, Investigation, and Enforcement §§ 11280–11288 · 9 sections
    § 11280 (a) Except as specifically provided in this section, the regulation of time-share plans and exchange programs is an exclusive power and function of the state.…
    § 11281 The commissioner may adopt, repeal, or amend forms and regulations that are necessary to effectuate the intent of the Legislature in carrying out this chapter.…
    § 11282 The commissioner may investigate the actions or qualifications of any person or persons holding or claiming to hold a public report under this chapter.
    § 11283 (a) Whenever the commissioner determines from available evidence that a person has done any of the following, the commissioner may order the person to desist…
    § 11284 Notwithstanding any other provisions of this chapter or of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division…
    § 11285 An action for damages or for injunctive or declaratory relief for a violation of this chapter may be brought by any time-share interest owner or association…
    § 11286 (a) It shall be unlawful for any person to make, issue, publish, deliver, or transfer as true and genuine any public report that is forged, altered, false, or…
    § 11287 Any person who violates Section 11226, 11227, 11234, 11244, 11245, or 11283, is guilty of a public offense punishable by a fine not to exceed ten thousand…
    § 11288 This chapter shall take effect on July 1, 2005.
PART 3. LICENSING AND CERTIFICATION OF REAL ESTATE APPRAISERS §§ 11300–11425 · 97 sections
- § 11300 This part may be cited as the Real Estate Appraisers’ Licensing and Certification Law.
- § 11301 (a) There is hereby created within the Department of Consumer Affairs a Bureau of Real Estate Appraisers to administer and enforce this part. (b)…
1. CHAPTER 1. Definitions § 11302 · 1 section
  - § 11302 For the purpose of applying this part, the following terms, unless otherwise expressly indicated, shall mean and have the following definitions: (a)…
2. CHAPTER 2. Administration §§ 11310–11319.2 · 15 sections
  - § 11310 The Governor shall appoint, subject to confirmation by the Senate, the Chief of the Bureau of Real Estate Appraisers who shall, in consultation with the…
  - § 11310.1 Protection of the public shall be the highest priority for the Bureau of Real Estate Appraisers in exercising its licensing, regulatory, and disciplinary…
  - § 11310.3 (a) It is the intent of the Legislature, in enacting this section, to ensure that no one is discriminated against during the appraisal process of a real estate…
  - § 11313 The bureau is under the supervision and control of the Director of Consumer Affairs. The duty of enforcing and administering this part is vested in the chief,…
  - § 11314 The bureau is required to include in its regulations requirements for licensure and discipline of real estate appraisers that ensure protection of the public…
  - § 11315 (a) The director may issue to a licensee, applicant for licensure, person who acts in a capacity that requires a license under this part, course provider,…
  - § 11315.1 (a) The director may issue to a registrant or person who acts in a capacity that requires a certificate of registration under this part, a citation that may…
  - § 11315.3 The suspension, expiration, or forfeiture by operation of law of a license or certificate of registration issued by the office, or its suspension, forfeiture,…
  - § 11315.5 Notwithstanding any other provision of law, the office may, at any time the director deems it to be in the public interest, enter into a settlement of any…
  - § 11316 (a) The director may assess a fine against a licensee, applicant for licensure, person who acts in a capacity that requires a license under this part, course…
  - § 11317 The office shall publish a summary of public disciplinary actions taken by the office, including resignations while under investigation and the violations upon…
  - § 11317.2 (a) (1) In addition to publishing the summary required by Section 11317, the bureau shall provide on the internet information regarding the status of every…
  - § 11318 (a) A licensee, applicant for licensure, course provider, or applicant for course provider accreditation shall report to the office, in writing, the occurrence…
  - § 11319 (a) Notwithstanding any other provision of this code, except as provided in subdivision (b), the Uniform Standards of Professional Appraisal Practice…
  - § 11319.2 (a) A license of a licensee or a certificate of a registrant shall be suspended automatically during any time that the licensee or registrant is incarcerated…
3. CHAPTER 3. Scope of Practice §§ 11320–11328.1 · 10 sections
  - § 11320 No person shall engage in federally related real estate appraisal activity governed by this part or assume or use the title of or any title designation or…
  - § 11320.5 No person or entity shall act in the capacity of an appraisal management company or represent itself to the public as an appraisal management company, either…
  - § 11321 (a) No person other than a state licensed real estate appraiser may assume or use that title or any title, designation, or abbreviation likely to create the…
  - § 11323 No licensee shall engage in any appraisal activity if his or her compensation is dependent on or affected by the value conclusion generated by the appraisal.
  - § 11324 An individual who is not a licensee may assist in the preparation of an appraisal in a federally related transaction under the following conditions: (a) The…
  - § 11325 (a) The director shall adopt regulations which determine the parameters of appraisal work which may be performed by licensed appraisers. (b) Regulations…
  - § 11326 (a) The county assessor shall, upon request, disclose information, furnish abstracts, copies of maps, construction permits, notices of completion, sales…
  - § 11327 The director shall adopt regulations governing the process and procedure of applying for a trainee license, which shall meet, at a minimum, the requirements of…
  - § 11328 To substantiate documentation of appraisal experience, or to facilitate the investigation of illegal or unethical activities by a licensee, applicant, or other…
  - § 11328.1 If the director has a reasonable belief that a registrant, or person or entity acting in a capacity that requires a certificate of registration, has engaged in…
4. CHAPTER 4. Licenses and Certification Application §§ 11340–11347 · 17 sections
  - § 11340 The director shall adopt regulations governing the process and the procedure of applying for a license that shall include, but not be limited to, necessary…
  - § 11341 A license issued with an effective date of January 1, 2000, or later shall be valid for two years unless otherwise extended or limited by the director.
  - § 11343 (a) Each real estate appraiser license applicant and each controlling person of each applicant for registration as an appraisal management company shall submit…
  - § 11344 (a) Notwithstanding Section 11341, a temporary license may be issued pending the outcome of the fingerprint and background check or as otherwise prescribed by…
  - § 11345 The director shall adopt regulations governing the process and procedure of applying for registration as an appraisal management company. Applications for a…
  - § 11345.05 (a) A registrant shall notify the bureau within 10 business days, on a form developed by the bureau, of any additions, deletions, or changes in the names,…
  - § 11345.1 A certificate of registration as an appraisal management company shall be valid for a period of two years, unless otherwise extended or limited by the director.
  - § 11345.2 (a) An individual shall not act as a controlling person for a registrant if any of the following apply: (1) The individual has entered a plea of guilty or no…
  - § 11345.3 All appraisal management companies shall do all of the following: (a) Ensure that all contracted appraisal panel members possess all required licenses and…
  - § 11345.4 No person or entity acting in the capacity of an appraisal management company shall improperly influence or attempt to improperly influence the development,…
  - § 11345.45 A person or entity may not structure an appraisal assignment for, or a contract with, an employee appraiser or an independent contractor appraiser for the…
  - § 11345.5 For purposes of subdivision (d) of Section 11302 and determining whether, within a 12-month period, an appraisal management company oversees an appraiser panel…
  - § 11345.6 (a) No appraisal management company may alter, modify, or otherwise change a completed appraisal report submitted by an appraiser. (b) No appraisal management…
  - § 11345.7 No person or entity preparing an appraisal or performing appraisal management functions in connection with the origination, modification, or refinancing of a…
  - § 11345.8 A federally regulated appraisal management company operating in California shall report to the bureau the information the bureau is required to submit to the…
  - § 11346 The provisions of this part relating to appraisal management companies shall cease to be operative 60 days after the effective date of a federal law that…
  - § 11347 (a) The bureau may request that a licensee identify their race, ethnicity, sexual orientation, gender, or gender identity. The data may be requested when an…
5. CHAPTER 5. Reciprocity of Licenses and Certification §§ 11350–11352 · 3 sections
  - § 11350 The director shall adopt regulations governing the process and procedure of applying for reciprocity, which shall meet, at a minimum, the requirements of the…
  - § 11351 Temporary practice is not required under this chapter if the appraiser from another state assists in the performance of the appraisal as provided by Section…
  - § 11352 The director shall adopt regulations governing the process and procedure of applying for temporary practice, which shall meet, at a minimum, the requirements…
6. CHAPTER 6. Continuing Education §§ 11360–11361 · 2 sections
  - § 11360 (a) The director shall adopt regulations governing the process and procedures for renewal of a license or restoration of a license to active status that shall…
  - § 11361 The director shall adopt regulations for implementation of this chapter to ensure that persons engaged in appraisal activity have current knowledge of real…
7. CHAPTER 7. Fees §§ 11400–11409 · 9 sections
  - § 11400 (a) Initial application fees shall be paid to the bureau at the time of application. (b) All fees shall be paid by cashier’s check, certified check, or money…
  - § 11401 (a) The fee to take an examination or reexamination for a license shall be set at an amount not to exceed the cost to the bureau as determined by competitive…
  - § 11404 The fee for an original or renewal real estate appraiser license or appraiser trainee license shall not exceed four hundred fifty dollars ($450).
  - § 11405 The fee for an original or renewal certification as a state certified real estate appraiser shall not exceed five hundred twenty-five dollars ($525).
  - § 11406 (a) The director shall by regulation establish fees for approval of basic education and continuing education courses or their equivalent, or for the evaluation…
  - § 11406.5 The director shall, by regulation, establish the fees to be imposed on appraisal management companies. The fees shall be sufficient to cover the costs incurred…
  - § 11407 The director may by regulation prescribe fees lower than the maximum fees established by this chapter if the director determines that lower fees will be…
  - § 11408 (a) An applicant for licensure shall not be eligible to have a license issued unless the applicant notifies the bureau within one year of successful completion…
  - § 11409 (a) Except as otherwise provided by law, any order issued in resolution of a disciplinary proceeding may direct a licensee, applicant for licensure, person who…
8. CHAPTER 8. Real Estate Appraisers Regulation Fund §§ 11410–11420 · 34 sections
  - § 11410 The Real Estate Appraisers Regulation Fund is hereby created in the State Treasury to consist of moneys raised by fees and assessments imposed pursuant to this…
  - § 11411 There shall be separate accounts in the Real Estate Appraisers Regulation Fund for purposes of administration and for purposes of recovery. These accounts…
  - § 11411.5 As used in this chapter, the following definitions apply: (a) “Application” means an application for payment from the Recovery Account filed with the bureau…
  - § 11412 (a) On or before January 1, 2002, the director shall determine the number of complaint cases containing judicial findings of fraud that may be eligible for…
  - § 11412.2 (a) In addition to the amount paid into the Recovery Account as set forth in Section 11411, the director may authorize a transfer from the Administration…
  - § 11413 (a) (1) When an aggrieved person obtains either (A) a final judgment in a court of competent jurisdiction, including, but not limited to, a criminal…
  - § 11413.1 (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…
  - § 11413.2 (a) For all applications and documents submitted electronically to the bureau, the claimant or claimant’s attorney shall submit the application and supporting…
  - § 11413.3 (a) The response by a judgment debtor shall contain a verification that a copy of the response was sent to the claimant or, if the claimant is represented by…
  - § 11413.4 (a) A judgment debtor who has filed a response objecting to payment to a claimant from the Recovery Account may submit a written argument setting forth in…
  - § 11414 (a) If the bureau determines that the application as submitted by the claimant fails to comply substantially with the requirements of Section 11413 or with the…
  - § 11414.1 (a) An application for payment from the Recovery Account shall be made on a form prescribed by the bureau, shall contain the items specified by subdivision (c)…
  - § 11414.2 Except as provided in Section 11414.1, an application for payment from the Recovery Account is “substantially complete” within the meaning of subdivision (b)…
  - § 11415 (a) The bureau shall render a final written decision on the application within 180 days after a completed application has been received unless the claimant…
  - § 11415.1 (a) If the bureau mailed one or more itemized lists of deficiencies to a claimant as provided by subdivision (a) of Section 11414, and if, after an…
  - § 11416 (a) In its consideration and investigation of an application, the bureau shall have recourse to all appropriate means of investigation and discovery available…
  - § 11417 (a) The bureau shall give notice of a decision rendered with respect to the application to the claimant and to a judgment debtor pursuant to Section 11413.1.…
  - § 11417.1 (a) If the decision of the bureau is to make a payment out of the Recovery Account and the judgment debtor files a writ of mandamus as provided in subdivision…
  - § 11417.2 If, at any time prior to the rendering of a decision on an application, the bureau makes a preliminary determination that the aggregate valid applications of…
  - § 11417.3 (a) A claimant against whom the bureau has rendered a decision denying an application pursuant to Section 11413 may, within six months after the mailing of the…
  - § 11417.4 After initial service of the application on the bureau and the judgment debtor by the claimant as provided by subdivision (b) of Sections 11413 and…
  - § 11417.5 (a) The bureau 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…
  - § 11417.6 (a) Whenever the court proceeds upon an application under Section 11417.3, it shall order payment out of the Recovery Account only upon a determination that…
  - § 11417.7 The judgment debtor may defend an action against the Recovery Account on their own behalf and shall have recourse to all appropriate means of defense and…
  - § 11418 Notwithstanding any other provision of this chapter and regardless of the number of persons aggrieved or real estate appraisals involved in a transaction or…
  - § 11418.1 If the amount of liability of the Recovery Account as provided for in Section 11418 is insufficient to pay in full the valid claims of all aggrieved persons by…
  - § 11418.2 If the bureau pays from the Recovery Account any amount in settlement of a claim or toward satisfaction of a judgment against a licensed appraiser, the license…
  - § 11418.3 If, at any time, the money deposited in the Recovery Account is insufficient to satisfy any authorized claim or portion thereof, the bureau shall, when…
  - § 11418.4 Any sums received by the bureau pursuant to any provisions of this chapter shall be deposited in the State Treasury and credited to the Recovery Account.
  - § 11419 A person or the agent of any person shall not file with the bureau any notice, statement, or other document required under this chapter that is false or untrue…
  - § 11419.1 When the bureau has paid from the Recovery Account any sum to the judgment creditor, the bureau shall be subrogated to all of the rights of the judgment…
  - § 11419.2 The failure of an aggrieved person to comply with this chapter shall constitute a waiver of any rights hereunder.
  - § 11419.3 Nothing in this chapter limits the authority of the bureau to take disciplinary action against a licensee for a violation of this part or of the rules and…
  - § 11420 This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.
9. CHAPTER 9. Miscellaneous §§ 11422–11425 · 4 sections
  - § 11422 The bureau shall, on or before February 1, 1994, and at least annually thereafter, transmit to the appraisal subcommittee specified in subdivision (g) of…
  - § 11423 (a) For purposes of this section: (1) “Applicant” means a person who has made a written request for an extension of credit which is proposed to be secured by…
  - § 11424 (a) Licensees shall not base, either partially or completely, their analysis or opinion of market value on the basis of race, color, religion (creed), gender,…
  - § 11425 (a) The bureau shall conduct a one-time study on the feasibility of mandatory licensing for real estate appraisers in California. The bureau shall report its…
PART 4. CERTIFIED COMMON INTEREST DEVELOPMENT MANAGER §§ 11500–11506 · 8 sections
1. CHAPTER 1. Purpose and Definitions §§ 11500–11501 · 2 sections
  - § 11500 For purposes of this chapter, the following definitions apply: (a) “Common interest development” means a residential development identified in Section 4100 of…
  - § 11501 (a) “Common interest development manager” means an individual who for compensation, or in expectation of compensation, provides or contracts to provide…
2. CHAPTER 2. Certified Common Interest Development Manager §§ 11502–11503 · 3 sections
  - § 11502 In order to be called a “certified common interest development manager,” a person shall meet one of the following requirements: (a) Prior to July 1, 2003, has…
  - § 11502.5 The course related competency examination or examinations and education provided to a certified common interest development manager pursuant to Section 11502…
  - § 11503 A “certified common interest development manager” does not include a common interest development management firm.
3. CHAPTER 3. Disclosure Requirements § 11504 · 1 section
  - § 11504 On or before September 1, 2003, and annually thereafter, a person who either provides or contemplates providing the services of a common interest development…
4. CHAPTER 4. Unfair Business Practices § 11505 · 1 section
  - § 11505 It is an unfair business practice for a common interest development manager, a company that employs the common interest development manager, or a company that…
5. CHAPTER 5. Sunset Review § 11506 · 1 section
  - § 11506 This part shall be subject to review by the appropriate policy committees of the Legislature.