CHAPTER 1. General Provisions

Chapter 1 added by Stats. 1943, Ch. 127.

§§ 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…