text: The director shall have the authority to issue licenses for official lamp and brake adjusting stations and shall license lamp and brake adjusters. The licenses shall be issued in accordance with this chapter and regulations adopted by the director pursuant thereto. The director shall establish by regulation the terms of adjusters’ licenses as are necessary for the practical administration of the provisions relating to adjusters, but those terms shall not be for less than one nor more than four years. Licenses may be renewed upon application and payment of the renewal fees if the application for renewal is made within the 30-day period prior to the date of expiration. Persons whose licenses have expired shall immediately cease the activity requiring a license, but the director shall accept applications for renewal during the 30-day period following the date of expiration if they are accompanied by a new license fee. In no case shall a license be renewed where the application is received more than 30 days after the date of expiration.

history: (History: Amended by Stats. 1990, Ch. 1433, Sec. 1. Conditionally repealed pursuant to Section 9887.5.)

article: 5. Licenses

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 20.3. Automotive Repair > 5. Licenses


kind: section

code: BPC

text: Each application for a new or renewal license shall be accompanied by a fee of ten dollars ($10) for a new license or five dollars ($5) for a renewal license. The application shall be made upon a form furnished by the director. It shall contain such information concerning the applicant’s background and experience as the director may prescribe, in addition to other information required by law. No license as a lamp or brake adjuster shall be issued or renewed unless the applicant has demonstrated his or her experience and qualifications in accordance with such standards and examinations as the director may prescribe.

history: (History: Amended by Stats. 1990, Ch. 1433, Sec. 2. Conditionally repealed pursuant to Section 9887.5.)

division: 3. PROFESSIONS AND VOCATIONS GENERALLY

chapter: 20.3. Automotive Repair

article: 5. Licenses


text:
(a) Licenses issued by the director shall not be transferable.

(b) In the event of a change of name of a licensee, not involving a change of ownership, or of a change of address of a licensed station, the license shall be returned to the director for cancellation, and a new license application form shall be submitted. The director shall cancel the returned license and issue a new license for the unexpired term without fee.

(c) If the owner of a licensed station desires to vacate the license in favor of another license permitting a greater or lesser scope of activity, the license to be vacated shall be returned to the director for cancellation and an application shall be submitted for the new license accompanied by the ten-dollar ($10) new license fee.

(d) In the event of loss, destruction, or mutilation of a license issued by the director, the person to whom it was issued may obtain a duplicate upon furnishing satisfactory proof of such fact and paying a fee of two dollars ($2). Any person who loses a license issued by the director and who, after obtaining a duplicate, finds the original license shall immediately surrender the original license to the director.

history: (History: Amended by Stats. 1972, Ch. 967. Conditionally repealed pursuant to Section 9887.5.)

article: 5. Licenses


text: It is unlawful to violate any regulation adopted by the director pursuant to Articles 5, 6, and 7 of this chapter.

history: (History: Added by Stats. 1971, Ch. 1578. Conditionally repealed pursuant to Section 9887.5.)

article: 5. Licenses


text: This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.

history: (History: Amended by Stats. 2023, Ch. 681, Sec. 7. (AB 1263) Effective January 1, 2024. Conditionally repealed by its own provisions. Note: Repeal affects Article 5, commencing with Section 9887.1.)

article: 5. Licenses


text:
As used in this chapter:

(a) “Station” means a lamp adjusting station or a brake adjusting station.

(b) “Licensed station” means a station licensed by the bureau pursuant to this chapter.

(c) “Licensed adjuster” means a person licensed by the bureau for adjusting lamps in licensed lamp adjusting stations or for adjusting brakes in licensed brake adjusting stations.

history: (History: Amended by Stats. 1990, Ch. 1433, Sec. 4. Conditionally repealed pursuant to Section 9888.4.1.)

article: 6. Lamp and Brake Adjusting Stations

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 20.3. Automotive Repair > 6. Lamp and Brake Adjusting Stations


text:
The director shall adopt regulations which prescribe the equipment and other qualifications of any station as a condition to licensing the station as an official station for adjusting lamps or brakes and shall prescribe the qualifications of adjusters employed therein.

After consulting with the Department of the California Highway Patrol, the director may, by regulation, approve testing and calibrating equipment, which is capable of measuring or calibrating the standards imposed by statute and by rules and regulations, for use in official stations, and may approve the testing laboratories and the equipment they use to certify the performance of testing and calibrating equipment.

history: (History: Amended by Stats. 1990, Ch. 1433, Sec. 5. Conditionally repealed pursuant to Section 9888.4.1.)

article: 6. Lamp and Brake Adjusting Stations


text: No person shall operate an “official” lamp or brake adjusting station unless a license therefor has been issued by the director. No person shall issue, or cause or permit to be issued, any certificate purporting to be an official lamp adjustment certificate unless he or she is a licensed lamp adjuster or an official brake adjustment certificate unless he or she is a licensed brake adjuster.

history: (History: Amended by Stats. 1990, Ch. 1433, Sec. 6. Conditionally repealed pursuant to Section 9888.4.1.)

article: 6. Lamp and Brake Adjusting Stations


text: An owner of a fleet of three or more vehicles who is not an interstate carrier may be licensed by the director as a licensed station, if the owner complies with the rules and regulations of the bureau. Those fleet owner stations shall not certify the adjustment of lamps or brakes except on vehicles which constitute the owner’s fleet.

history: (History: Amended by Stats. 1990, Ch. 1433, Sec. 7. Conditionally repealed pursuant to Section 9888.4.1.)

article: 6. Lamp and Brake Adjusting Stations


history: (History: Amended by Stats. 2023, Ch. 681, Sec. 8. (AB 1263) Effective January 1, 2024. Conditionally repealed by its own provisions. Note: Repeal affects Article 6, commencing with Section 9888.1.)

article: 6. Lamp and Brake Adjusting Stations


text:
(a) The director shall develop inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.

(b) The director shall issue vehicle safety systems inspection licenses to stations and technicians to conduct inspections of, and repairs to, safety systems of vehicles. The director may electronically issue these licenses.

(c) By January 1, 2024, the director shall adopt the regulations, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), including, but not limited to, all of the following:

(1) Inspection criteria and standards for specific safety systems and components of the vehicle in order to promote the safe and uniform installation, maintenance, and servicing of vehicle safety systems and components.

(2) The application fee and process for applicants, including any specialized application process for those licensees licensed pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1).

(3) The certificate of compliance fee and certification process for vehicles, including any specialized certification process for those vehicles certified pursuant to Article 8 (commencing with Section 9889.15). The director shall prescribe a form for the certificate of compliance that contains, at a minimum, the date of issuance, the make and registration number of the vehicle, and the official license of the station.

(d) The vehicle safety systems inspection license shall replace licenses issued pursuant to Article 5 (commencing with Section 9887.1) and Article 6 (commencing with Section 9888.1). Licenses issued in accordance with those articles shall remain valid until six months after the effective date of regulations adopted pursuant to subdivision (c). A licensee with a license issued pursuant to Article 5 (commencing with Section 9887.1) or Article 6 (commencing with Section 9888.1) shall thereafter be regulated under this article and shall apply for and be issued a vehicle safety systems inspection license under this article.

(e) The vehicle safety systems inspection certificate shall replace certificates issued pursuant to Article 8 (commencing with Section 9889.15). Certificates issued in accordance with that article shall remain valid until six months after the director adopts regulations pursuant to subdivision (c).

history: (History: Amended by Stats. 2023, Ch. 681, Sec. 9. (AB 1263) Effective January 1, 2024.)

article: 6.5. Vehicle Safety Systems Inspection

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 20.3. Automotive Repair > 6.5. Vehicle Safety Systems Inspection


text:
(a) A licensee shall issue to the owner or driver of a vehicle a certificate of compliance on a form prescribed by the director if, after conducting an inspection of, and any necessary repair to, the safety systems of the vehicle, the licensee determines that the safety systems conform with the inspection criteria and standards adopted by the director.

(b) (1) The director may require a licensee to electronically transmit to the department a record of each certificate of compliance issued.

(2) The department may, for each transmission pursuant to this subdivision, charge a licensee a transaction fee established by the department that shall be only sufficient to cover the actual regulatory costs of administering those transmissions.

(c) The director may electronically transmit to the Department of Motor Vehicles certificates of compliance issued by licensees.

(d) (1) The director shall evaluate the feasibility of augmenting existing database systems to support the charging of fees with respect to, and the issuance and tracking of, certificates of compliance.

(2) The director may enter into a contract for services necessary to maintain and operate an electronic certificate system for the program.

history: (History: Added by Stats. 2021, Ch. 372, Sec. 9. (AB 471) Effective January 1, 2022.)

article: 6.5. Vehicle Safety Systems Inspection


text: Any license issued pursuant to Article 6.5 (commencing with Section 9888.5) may be suspended or revoked by the director. The director may refuse to issue a license to any applicant for the reasons set forth in Section 9889.2. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein.

history: (History: Amended by Stats. 2025, Ch. 592, Sec. 24. (SB 861) Effective January 1, 2026.)

article: 7. Denial, Suspension and Revocation

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 20.3. Automotive Repair > 7. Denial, Suspension and Revocation


text:
The director may deny a license if the applicant or any partner, officer, or director thereof:

(a) Fails to meet the qualifications established by the bureau pursuant to Article 6.5 (commencing with Section 9888.5) for the issuance of the license applied for.

(b) Was previously the holder of a license issued under this chapter which license has been revoked and never reissued or which license was suspended and the terms of the suspension have not been fulfilled.

(c) Has committed any act which, if committed by any licensee, would be grounds for the suspension or revocation of a license issued pursuant to this chapter.

(d) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or whereby the applicant has benefited.

(e) Has acted in the capacity of a licensed person or firm under this chapter without having a license therefor.

(f) Has entered a plea of guilty or nolo contendere to, or been found guilty of, or been convicted of a crime substantially related to the qualifications, functions and duties of the license holder in question, and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of an order granting probation following such conviction, suspending the imposition of sentence, or of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw their plea of guilty and to enter a plea of not guilty, or setting aside the plea or verdict of guilty, or dismissing the accusation or information.

history: (History: Amended by Stats. 2025, Ch. 592, Sec. 25. (SB 861) Effective January 1, 2026.)

article: 7. Denial, Suspension and Revocation


text:
The director may suspend, revoke, or take other disciplinary action against a license as provided in this article if the licensee or any partner, officer, or director thereof:

(a) Violates any section of the Business and Professions Code that relates to his or her licensed activities.

(b) Is convicted of any crime substantially related to the qualifications, functions, or duties of the licenseholder in question.

(c) Violates any of the regulations promulgated by the director pursuant to this chapter.

(d) Commits any act involving dishonesty, fraud, or deceit whereby another is injured.

(e) Has misrepresented a material fact in obtaining a license.

(f) Aids or abets an unlicensed person to evade the provisions of this chapter.

(g) Fails to make and keep records showing his or her transactions as a licensee, or fails to have the records available for inspection by the director or his or her duly authorized representative for a period of not less than three years after completion of any transaction to which the records refer, or refuses to comply with a written request of the director to make the record available for inspection.

(h) Violates or attempts to violate the provisions of this chapter relating to the particular activity for which he or she is licensed.

(i) Is convicted of a violation of Section 551 of the Penal Code.

history: (History: Amended by Stats. 2009, Ch. 307, Sec. 98. (SB 821) Effective January 1, 2010.)

article: 7. Denial, Suspension and Revocation


text: A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article. The director may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw the person’s plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 14. (AB 991) Effective January 1, 2020.)

article: 7. Denial, Suspension and Revocation


text:
The director may take disciplinary action against any licensee after a hearing as provided in this article by any of the following:

(a) Imposing probation upon terms and conditions to be set forth by the director.

(b) Suspending the license.

(c) Revoking the license.

history: (History: Added by Stats. 1971, Ch. 1578.)

article: 7. Denial, Suspension and Revocation


text: Upon the effective date of any order of suspension or revocation of any license governed by this chapter, the licensee shall surrender the license to the director.

article: 7. Denial, Suspension and Revocation


text: The expiration or suspension of a license by operation of law or by order or decision of the director or a court of law, or the voluntary surrender of a license by a licensee shall not deprive the director of jurisdiction to proceed with any investigation of or action or disciplinary proceedings against such licensee, or to render a decision suspending or revoking such license.

article: 7. Denial, Suspension and Revocation


text: All accusations against licensees shall be filed within three years after the act or omission alleged as the ground for disciplinary action, except that with respect to an accusation alleging a violation of subdivision (d) of Section 9889.3, the accusation may be filed within two years after the discovery by the bureau of the alleged facts constituting the fraud or misrepresentation prohibited by that section.

history: (History: Amended by Stats. 2001, Ch. 357, Sec. 3. Effective January 1, 2002.)

article: 7. Denial, Suspension and Revocation


text: When any license has been revoked or suspended following a hearing under the provisions of this article, any additional license issued under Article 6.5 (commencing with Section 9888.5) in the name of the licensee may be likewise revoked or suspended by the director.

history: (History: Amended by Stats. 2025, Ch. 592, Sec. 26. (SB 861) Effective January 1, 2026.)

article: 7. Denial, Suspension and Revocation


text: After suspension of the license upon any of the grounds set forth in this article, the director may reinstate the license upon proof of compliance by the applicant with all provisions of the decision as to reinstatement. After revocation of a license upon any of the grounds set forth in this article, the license shall not be reinstated or reissued within a period of one year after the effective date of revocation.

article: 7. Denial, Suspension and Revocation


text: As used in this article, “station,” “licensed station,” and “licensed adjuster” have the same meaning as defined in Article 6 (commencing with Section 9888.1).

history: (History: Amended by Stats. 1990, Ch. 1433, Sec. 9. Conditionally repealed pursuant to Section 9889.19.1.)

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 20.3. Automotive Repair > 8. Lamp and Brake Adjustment Certificates


text: Whenever a licensed adjuster in a licensed station upon an inspection or after an adjustment, made in conformity with the instructions of the bureau, determines that the lamps or the brakes upon any vehicle conform with the requirements of the Vehicle Code, the adjuster shall, when requested by the owner or driver of the vehicle, issue a certificate of adjustment on a form prescribed by the director, which certificate shall contain the date of issuance, the make and registration number of the vehicle, the name of the owner of the vehicle, and the official license of the station.

history: (History: Amended by Stats. 2019, Ch. 497, Sec. 15. (AB 991) Effective January 1, 2020. Conditionally repealed pursuant to Section 9889.19.1.)

article: 8. Lamp and Brake Adjustment Certificates


text: The director may charge a fee for lamp and brake adjustment certificates furnished to licensed stations. The fee charged shall be established by regulation and shall not produce a total estimated revenue which, together with license fees or certification fees charged pursuant to Sections 9886.3, 9887.2, and 9887.3, is in excess of the estimated total cost to the bureau of the administration of this chapter. The fee charged by licensed stations for lamp and brake adjustment certificates shall be the same amount the director charges.

history: (History: Amended by Stats. 1990, Ch. 1433, Sec. 12. Conditionally repealed pursuant to Section 9889.19.1.)


text: This article shall remain operative only until six months after the effective date of the regulations adopted by the director pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.

history: (History: Amended by Stats. 2023, Ch. 681, Sec. 10. (AB 1263) Effective January 1, 2024. Conditionally repealed by its own provisions. Note: Repeal affects Article 8, commencing with Section 9889.15.)


text: Except as otherwise provided in Section 9889.21, any person who fails to comply in any respect with the provisions of this chapter is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment not exceeding six months, or by both that fine and imprisonment.

history: (History: Amended by Stats. 2010, Ch. 328, Sec. 20. (SB 1330) Effective January 1, 2011.)

article: 9. Penalties

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 20.3. Automotive Repair > 9. Penalties


text:
(a) Any person who violates any provision of Article 5 (commencing with Section 9887.1), Article 6 (commencing with Section 9888.1), Article 6.5 (commencing with Section 9888.5), and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.

(b) This section shall remain operative only until six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5) and as of that date is repealed.

history: (History: Amended (as amended by Stats. 2021, Ch. 372, Sec. 11) by Stats. 2023, Ch. 681, Sec. 11. (AB 1263) Effective January 1, 2024. Conditionally repealed as prescribed by its own provisions. See later operative version, as amended by Sec. 12 of Stats. 2023, Ch. 681.)

article: 9. Penalties


text:
(a) Any person who violates any provision of Article 6.5 (commencing with Section 9888.5) and Article 7 (commencing with Section 9889.1) of this chapter is guilty of an infraction and punishable as specified in subdivision (a) of Section 42001 of the Vehicle Code.

(b) This section shall become operative six months after the effective date of the regulations adopted pursuant to Article 6.5 (commencing with Section 9888.5).

history: (History: Amended (as added by Stats. 2021, Ch. 372, Sec. 12) by Stats. 2023, Ch. 681, Sec. 12. (AB 1263) Effective January 1, 2024. Conditionally operative as prescribed by its own provisions.)

article: 9. Penalties


text: The willful making of any false statement or entry with regard to a material matter in any oath, affidavit, certificate of compliance or noncompliance, or application form which is required by this chapter or Chapter 5 (commencing with Section 44000) of Part 5 of Division 26 of the Health and Safety Code constitutes perjury and is punishable as provided in the Penal Code.

history: (History: Added by Stats. 1986, Ch. 951, Sec. 5.)

article: 9. Penalties


text:
(a) (1) Subject to subdivision (b), an automotive repair dealer shall not install an unsafe used tire on a motor vehicle for use on a highway, as defined in Section 360 of the Vehicle Code.

(2) For purposes of this section, “unsafe used tire” means a used tire to which any of the following criteria applies:

(A) The tire is worn to two thirty-seconds of one inch tread depth or less on any area of the tread.

(B) The tire has any damage exposing the reinforcing plies of the tire, through cuts, cracks, punctures, scrapes, or wear.

(C) The tire has any repair in the tread shoulder or belt edge area.

(D) The tire has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through to the outside.

(E) The tire has repair to the sidewall or bead area.

(F) The tire has a puncture repair of damage larger than one-fourth of one inch.

(G) The tire shows evidence of prior use of a temporary tire sealant to repair a puncture or damage to the tire without evidence of a subsequent proper repair.

(H) The tire has a defaced or removed United States Department of Transportation tire identification number.

(I) The tire has any inner liner damage or bead damage.

(J) The tire shows indication of internal separation, such as bulges or local areas of irregular tread wear indicating a distortion in the tread area when compared to other areas of the tread, or belt separation.

(b) This section does not apply to tire repairs, tire rotations, tire balancing, or a tire mounted on a wheel or rim that is temporarily removed from a vehicle and reinstalled on the same vehicle. As used in this subdivision, “tire repair” means repairing a puncture in the tire tread area that is no larger than one-fourth of one inch in diameter, has not caused any internal damage to the tire, and is repaired according to industry standards.

(c) Except as set forth in subparagraph (A) of paragraph (2) of subdivision (a), an automotive repair dealer shall use a visual inspection to determine whether a tire meets the criteria of an unsafe used tire.

history: (History: Added by Stats. 2019, Ch. 266, Sec. 1. (AB 949) Effective January 1, 2020.)

article: 10. Used Tires

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 20.3. Automotive Repair > 10. Used Tires


text:
The Legislature finds the following:

(1) Thousands of California automobile owners each year require repair of their vehicles as a result of collision or other damage.

(2) California automobile owners are suffering direct and indirect harm through unsafe, improper, incompetent, and fraudulent auto body repairs.

(3) There is a lack of proper training and equipment that auto body repair shops need to meet the demands of the highly evolved and sophisticated automobile manufacturing industry.

(4) California has no minimum standards or requirements for auto body repair shops.

(5) Existing laws currently regulating the auto body industry could be strengthened.

(6) There is a compelling need to increase competency and standards for the auto body repair industry.

history: (History: Added by Stats. 1995, Ch. 445, Sec. 2. Effective January 1, 1996.)

article: 10.5. Auto Body Repair

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 20.3. Automotive Repair > 10.5. Auto Body Repair


text: “Auto body repair shop” means a place of business operated by an automotive repair dealer where automotive collision repair or reconstruction of automobile or truck bodies is performed.

article: 10.5. Auto Body Repair


text:
An application for registration pursuant to Section 9884 shall designate that the applicant is registering as an auto body repair shop if the applicant intends to perform auto body repair. In addition, an application for registration to operate an auto body repair shop shall include a written statement signed under penalty of perjury that the applicant has been issued licenses or permits, if required by law, including, but not limited to, all of the following:

(1) A city or county business license.

(2) A State Board of Equalization identification or resale permit number.

(3) An Environmental Protection Agency hazardous waste permit number.

(4) An Air Quality Management District spray booth permit number.

article: 10.5. Auto Body Repair


text: A check or draft issued to a repairer pursuant to Section 560 of the Insurance Code shall include the repairer’s registration number or taxpayer identification number.

article: 10.5. Auto Body Repair


text: The form for registration pursuant to Section 9884 shall contain sufficient information to enable the Bureau of Automotive Repair to identify all registrants performing automotive collision repair work.

history: (History: Added by Stats. 1992, Ch. 479, Sec. 3. Effective January 1, 1993.)

article: 11. Auto Body Repair Study

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 20.3. Automotive Repair > 11. Auto Body Repair Study


text: Any auto insurance company check or draft issued to a repairer pursuant to Insurance Code Section 560 shall include the repairer’s registration number or Tax Payer Identification Number.

article: 11. Auto Body Repair Study


citation: BPC § 9998

text:
This chapter shall apply only to the following:

(a) Nonagricultural workers under the federal H-2B visa program established pursuant to Section 101(a)(15)(H)(ii)(b) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(b)).

(b) On and after July 1, 2027, agricultural workers under the federal H-2A visa program established pursuant to Section 101(a)(15)(H)(ii)(a) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(a)).

history: (History: Repealed and added by Stats. 2025, Ch. 190, Sec. 3. (AB 1362) Effective January 1, 2026.)

chapter: 21.5. Foreign Labor Contractors

path: 3. PROFESSIONS AND VOCATIONS GENERALLY > 21.5. Foreign Labor Contractors


text:
The following definitions are applicable to this chapter:

(a) “Person” includes any natural person, company, firm, partnership or joint venture, association, corporation, limited liability company, or sole proprietorship.

(b) “Foreign labor contracting activity” means recruiting or soliciting for compensation a foreign worker who resides outside of the United States in furtherance of that worker’s employment in California, including when that activity occurs wholly outside the United States. “Foreign labor contracting activity” does not include the services of an employer, or employee of an employer, if those services are provided directly to foreign workers solely to find workers for the employer’s own use.

(c) “Foreign worker” means any person seeking employment who is not a United States citizen or permanent resident but who is authorized by the federal government to work in the United States, including a person who engages in temporary nonagricultural labor pursuant to Section 101(a)(15)(H)(ii)(b) of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101(a)(15)(H)(ii)(b)). “Foreign worker” shall also include any worker described in Section 9998.

(d) “Foreign labor contractor” means any person who performs foreign labor contracting activity, including any person who performs foreign labor contracting activity wholly outside the United States, except that the term does not include any entity of federal, state, or local government. “Foreign labor contractor” does not include a person licensed by the Labor Commissioner as a talent agency under Chapter 4 (commencing with Section 1700) of Part 6 of Division 2 of the Labor Code, or a person who obtained and maintains full written designation from the United States Department of State under Part 62 of Title 22 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2025, Ch. 190, Sec. 4. (AB 1362) Effective January 1, 2026.)


text:
(a) (1) On and after July 1, 2016, a person acting as a foreign labor contractor shall register with the Labor Commissioner in accordance with the terms and procedures for registration established by the commissioner by January 1, 2016.

(2) On and after July 1, 2027, a person who is licensed or acting as a farm labor contractor pursuant to Chapter 3 (commencing with Section 1682) of Part 6 of Division 2 of the Labor Code and who performs foreign labor contracting activities shall register with the Labor Commissioner pursuant to the terms and procedures for registration described in paragraph (1).

(3) In registering a person already licensed as a farm labor contractor pursuant to Chapter 3 (commencing with Section 1682) of Part 6 of Division 2 of the Labor Code as a foreign labor contractor pursuant to paragraph (2), the Labor Commissioner has discretion, to the extent feasible for the efficient administration of the program, to eliminate duplicative application information requirements for information previously obtained from the farm labor contractor’s license application if both of the following conditions are met:

(A) The applicant provides their farm labor contractor license number.

(B) The applicant attests that there are no changes to the information previously provided to the Labor Commissioner.

(4) The commissioner shall post on its internet website the names and contact information for all registered foreign labor contractors and a list of the names and contact information for any foreign labor contractors denied renewal or registration.

(b) The Labor Commissioner may not register a person to act as a foreign labor contractor, and may not renew a registration, until all of the following conditions are satisfied:

(1) The person has executed a written application in a form prescribed by the commissioner, subscribed and sworn to by the person, and containing all of the following:

(A) A statement by the person of all facts required by the commissioner concerning the applicant’s character, competency, responsibility, and the manner and means by which the person proposes to conduct operations as a foreign labor contractor if registered.

(B) The names and addresses of all persons, except bona fide employees on stated salaries, financially interested, either as partners, associates, or profit sharers, in the proposed operation as a foreign labor contractor, together with the amount of their respective interests.

(C) A declaration consenting to the designation by a court or the commissioner as an agent available to accept service of summons in any action against the registrant, if the registrant has left the jurisdiction in which the action is commenced or otherwise has become unavailable to accept service.

(D) On and after July 1, 2027, a listing of each federal visa program under which the person will be performing foreign labor contractor activities.

(2) The commissioner, after investigation, is satisfied as to the character, competency, and responsibility of the person.

(3) (A) The person has deposited with the commissioner a surety bond in an amount based on the size of the person’s annual gross receipts from operations as a foreign labor contractor, as follows:

(i) For gross receipts up to five hundred thousand dollars ($500,000), a fifty-thousand-dollar ($50,000) bond.

(ii) For gross receipts of five hundred thousand dollars ($500,000) to two million dollars ($2,000,000), a one-hundred-thousand-dollar ($100,000) bond.

(iii) For gross receipts greater than two million dollars ($2,000,000), a one-hundred-fifty-thousand-dollar ($150,000) bond.

(B) If the foreign labor contractor has been the subject of a final judgment in a year in an amount equal to that of the bond required, that contractor shall be required to deposit an additional bond within 60 days. The bond shall be payable to the people of the State of California and shall be conditioned on the foreign labor contractor complying with all the terms and provisions of this chapter and paying all damages occasioned to any person by failure to do so, or by any violation of this chapter, or false statements or misrepresentations made in the registration process. The bond shall also be payable for interest on wages and for any damages arising from violation of applicable orders of the Industrial Welfare Commission, and for any other monetary relief awarded to a foreign worker as a result of a violation of law by the foreign labor contractor.

(4) The person has paid to the commissioner a registration fee and a filing fee in a total amount the commissioner determines is sufficient to support the ongoing costs of the program.

(c) The commissioner may not register a person as a foreign labor contractor, if the person was found by a court, the Secretary of Labor, or the commissioner to have violated any of the following provisions:

(1) The federal Trafficking Victims Protection Act of 2000 (Division A, Public Law 106-386), as amended.

(2) Sections 1682 to 1699, inclusive, of the Labor Code.

(3) Section 236.1 of the Penal Code.

(4) An applicable guest worker program.

history: (History: Amended by Stats. 2025, Ch. 190, Sec. 5. (AB 1362) Effective January 1, 2026.)


text:
(a) On and after July 1, 2016, a person who knows or should have known that the person is using the services of a foreign labor contractor to procure foreign workers or employees pursuant to subdivision (b) of Section 9998.1 shall disclose this information to the Labor Commissioner in accordance with the terms and procedures established by the commissioner by January 1, 2016.

(b) The disclosure shall include, but is not limited to, the following:

(1) The name, address, and contact information of the person designated by the employer to work with a foreign labor contractor.

(2) A declaration consenting to the designation by a court of the commissioner as an agent available to accept service of summons in any action against the person, if the person has left the jurisdiction in which the action is commenced or otherwise has become unavailable to accept service.

(c) A person may not knowingly enter into an agreement for the services of a foreign labor contractor that is not registered under this chapter.

history: (History: Repealed and added by Stats. 2014, Ch. 711, Sec. 5. (SB 477) Effective January 1, 2015.)


text:
(a) A foreign labor contractor shall ascertain and disclose in writing to each foreign worker who is recruited for employment in English and in the primary language of the foreign worker being recruited, at the time of the foreign worker’s recruitment, the following information:

(1) The identity of the employer and the identity of the person conducting the recruiting on behalf of the employer, including any subcontractor or agent involved in the recruiting.

(2) A signed copy of the work contract, including all assurances and terms and conditions of employment, from the prospective employer for whom the foreign worker is being recruited, including the compensation to be paid, the place and period of employment, a description of the type and nature of employment activities, any withholdings or deductions from compensation, and any penalties for terminating employment.

(3) The type of visa under which the foreign worker is to be employed, the length of time the visa is valid, and the terms and conditions under which the visa will be renewed with a clear statement of whether the employer will secure renewal of the visa or if renewal must be obtained by the foreign worker, and any expenses associated with securing or renewing the visa.

(4) An itemized list of any costs or expenses to be charged to the foreign worker, including, but not limited to, the costs of housing or accommodation, transportation to and from the worksite, meals, medical examinations, health care or safety equipment costs, and any other costs, expenses, or deductions to be charged the foreign worker.

(5) A statement, in a form specified by the Labor Commissioner, that does each of the following:

(A) States that no foreign labor contractor, or agent or employee of a foreign labor contractor, can lawfully assess any fee, including visa fees, processing fees, transportation fees, legal expenses, placement fees, and other costs to a foreign worker for foreign labor contracting activities, and that the employer may bear the costs or fees for the foreign labor contractor, but that these fees cannot be assessed to the foreign worker.

(B) Explains that no additional requirements or changes may be made to the terms of the contract originally provided by the foreign labor contractor and signed by the foreign worker, unless the foreign worker is provided at least 48 hours to review and consider the additional requirements or changes and the foreign worker gives specific consent, voluntarily and without threat of penalty, to each additional requirement or change.

(C) Describes the protections afforded the foreign worker by this chapter and by the federal Trafficking Victims Protection Act of 2000 (Division A, Public Law 106-386), as amended, and any applicable guest worker program, including relevant information about the procedure for filing a complaint under this chapter, and the telephone number for the national human trafficking resource center hotline.

(6) Any education or training to be provided or required, including the nature, timing, and cost of training and the person who will pay training costs, whether the training is a condition of employment, continued employment, or future employment, and whether the foreign worker will be paid or remunerated during the training period, including the rate of pay or remuneration.

(b) The foreign labor contractor shall file the disclosure required under subdivision (a) with the Labor Commissioner within seven business days of providing it to the foreign worker.

(c) A foreign labor contractor, or the agent, subcontractor, or employee of a foreign labor contractor, or a person using the services of a foreign labor contractor to obtain foreign workers or employees, may not assess any fee, including, but not limited to, visa fees, processing fees, transportation fees, legal expenses, placement fees, and other costs, to a foreign worker for foreign labor contracting activities.

(d) A foreign worker may not be required to pay any costs or expenses that are not customarily assessed against all workers similarly employed in the United States. No costs or expenses shall be required to be paid by the foreign worker prior to the commencement of work. The amount charged for providing housing to the foreign worker shall be limited to market rate for similar housing.

(e) Additional requirements or changes shall not be made to the terms of the contract originally provided by the foreign labor contractor and signed by the foreign worker, unless the foreign worker is provided at least 48 hours to review and consider the additional requirements or changes and the foreign worker gives specific consent, voluntarily and without threat of penalty, to each additional requirement or change.

history: (History: Added by Stats. 2014, Ch. 711, Sec. 6. (SB 477) Effective January 1, 2015.)


text: No foreign labor contractor shall make, publish, or circulate or cause to be made, published, or circulated, to any person any false, fraudulent, or misleading representation or information concerning the terms or conditions of employment at any place or places of employment.

history: (History: Added by Stats. 1988, Ch. 1450, Sec. 1.)


text: No foreign labor contractor shall recruit for employment or cause any minor who is a foreign worker to be employed.


text: Any foreign labor contractor who recruits or solicits without a bona fide job order and who induces a foreign worker to be transported to a proposed jobsite and who does not then provide employment for the foreign worker shall pay wages to the foreign worker at the agreed rate of pay for the job to which the foreign worker was being transported and for the elapsed time from the point of recruitment to the jobsite to the point the worker returns to the place of original departure, and for any transportation costs incurred by the foreign worker in connection with the pursuit of the labor contractor’s services.


text: A person may not intimidate, threaten, restrain, coerce, discharge, or in any manner discriminate against a foreign worker or a member of his or her family in retaliation for the foreign worker’s exercise of any right under this chapter.

history: (History: Amended by Stats. 2014, Ch. 711, Sec. 7. (SB 477) Effective January 1, 2015.)


text: No foreign labor contractor shall make promises or otherwise induce a foreign worker to travel or accept promises of employment by promising or providing assurances to the foreign worker that citizenship or permanent residency status in the United States shall be secured or pursued if the worker accepts the offer of services of the foreign labor contractor.


text:
(a) A person who violates this chapter or who causes or induces another to violate this chapter is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or imprisonment in the county jail for not more than six months, or both. A person shall not be liable under this subdivision for any act or omission by a foreign labor contractor engaged by the person if the foreign labor contractor was registered with the Labor Commissioner pursuant to Section 9998.1.5 no later than the first day of engagement.

(b) A person who violates any provision of this chapter shall be subject to a civil penalty of no less than one thousand dollars ($1,000) and no more than twenty-five thousand dollars ($25,000) per violation, in addition to any other civil remedies available to the Labor Commissioner or an aggrieved person.

(c) The commissioner or a person aggrieved by a violation of this chapter may do all of the following:

(1) Bring an action for injunctive relief against a person who violates this chapter and, upon prevailing, recover costs and reasonable attorney’s fees.

(2) Bring an action for damages, against a person who violates this chapter to recover the greater of all of the aggrieved person’s actual damages or five hundred dollars ($500) per employee per violation for an initial violation, and one thousand dollars ($1,000) per employee for each subsequent violation, and, upon prevailing in an action brought pursuant to this section, recover costs and reasonable attorney’s fees.

(3) Enforce the liability on the bonds required under Section 9998.1.5.

(d) The Labor Commissioner may enforce the requirements of this chapter through the procedures set forth in Sections 98.3, 98.7, 98.74, and 1197.1 of the Labor Code, including the issuance of a citation or filing of a civil action against a person who violates the requirements of this chapter.

(e) A person shall not be jointly and severally liable for any act or omission by a foreign labor contractor engaged by the person if the foreign labor contractor was registered with the Labor Commissioner pursuant to Section 9998.1.5 no later than the first day of engagement.

(f) Nothing in this section shall be construed to preempt or alter any other rights or remedies, including any causes of action, available under any other federal or state law.

history: (History: Amended by Stats. 2025, Ch. 190, Sec. 6. (AB 1362) Effective January 1, 2026.)


text: The Labor Commissioner and the deputies and representatives authorized by the commissioner in writing may take assignments of actions on the bonds required under Section 9998.1.5 by aggrieved persons and may prosecute the actions on behalf of persons who, in the judgment of the commissioner, are financially unable to employ counsel, in the same manner that claims are prosecuted under Section 98.3 of the Labor Code.

history: (History: Amended by Stats. 2025, Ch. 190, Sec. 7. (AB 1362) Effective January 1, 2026.)


text: The Labor Commissioner may adopt regulations or policies and procedures to implement the provisions of this chapter.

history: (History: Added by Stats. 2014, Ch. 711, Sec. 10. (SB 477) Effective January 1, 2015.)


text:
(a) The Department of Industrial Relations shall submit to the Legislature, by January 1, 2028, and in compliance with Section 9795 of the Government Code, a study on how to extend foreign labor contractor registration requirements to those foreign labor contractors recruiting or soliciting workers authorized to work in the United States under visa programs not described in either subdivision (a) or (b) of Section 9998. This study shall, at a minimum, include all of the following:

(1) An overview of the federal visa programs not covered by this chapter’s foreign labor contractor registration program.

(2) An analysis of the demographics of foreign workers in California authorized to work through the federal visa programs described in paragraph (1).

(3) A discussion of any additional steps the Labor Commissioner would need to take to ensure all foreign labor contractors are required to register pursuant to this chapter.

(4) A discussion of operational needs, including access to data, fee increases to cover costs, and enforcement options already available pursuant to subdivisions (c) and (d) of Section 9998.8.

(5) Recommendations of options to expand this chapter’s foreign labor contractor registration program that considers the following:

(A) Risks to workers authorized to work in the United States through the visa programs described in paragraph (1).

(B) Costs and staffing needs to expand the registration process required for foreign labor contractors under this chapter.

(C) Enforcement costs and options, including those authorized by subdivisions (c) and (d) of Section 9998.8.

(D) The operational constraints described in paragraph (4).

(b) The Department of Industrial Relations may contract with a third party to conduct the study described in subdivision (a).

(c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2029.

history: (History: Added by Stats. 2025, Ch. 190, Sec. 8. (AB 1362) Effective January 1, 2026. Repealed as of January 1, 2029, by its own provisions.)


text: This part may be cited as the Real Estate Law.

history: (History: Added by Stats. 1943, Ch. 127.)

division: 4. REAL ESTATE

chapter: 1. General Provisions

path: 4. REAL ESTATE > 1. General Provisions


text: 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.

history: (History: Amended by Stats. 2018, Ch. 285, Sec. 1. (AB 2884) Effective January 1, 2019.)


text: “Commissioner” means the Real Estate Commissioner.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 2. (AB 685) Effective January 1, 2017.)


text:
(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 this subdivision shall become operative on July 1, 2026.

history: (History: Amended by Stats. 2026, Ch. 28, Sec. 2. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)


text:
(a) Whenever the terms “bureau,” “division,” “Bureau of Real Estate,” “State Real Estate Division,” or “Real Estate Division” are used in this division, they mean the Department of Real Estate.

(b) Whenever the terms “Bureau of Real Estate,” “State Real Estate Division,” or “Real Estate Division” are used in any other law, they mean the Department of Real Estate.

(c) This section shall become operative on July 1, 2018.

history: (History: Repealed (in Sec. 7) and added by Stats. 2017, Ch. 828, Sec. 8. (SB 173) Effective January 1, 2018. Section operative July 1, 2018, by its own provisions.)


text: “Person” includes corporation, company and firm.

history: (History: Amended by Stats. 1968, Ch. 75.)


text: “Provisions of this part relating to real estate” means the provisions of Chapters 1, 2, 3, and 6 of Part 1.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 3. (AB 685) Effective January 1, 2017.)


text: “Provisions of this part relating to business opportunity regulation” means the provisions of Chapters 1, 2, and 6 of Part 1.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 4. (AB 685) Effective January 1, 2017.)


text:
Solely with regard to any transaction involving the sale, lease, or exchange of a business opportunity occurring before, on, or after the effective date of this section, this division shall not apply to any person licensed at the time of the transaction as a securities broker or securities dealer under any law of this state or of the United States, or by any employee, officer, or agent of that person while acting under the direction of, and within the scope of, his or her employment with that person in connection with the transaction.

As used in this section, “any transaction involving the sale, lease, or exchange of a business opportunity” does not include any of the acts described in Section 10131 or Section 10131.2 if the substance of the transaction is to transfer, sell, lease, or exchange an interest in real property for the purpose of evading this part.

history: (History: Added by Stats. 1989, Ch. 1116, Sec. 1. Effective September 30, 1989.)


text: “Provisions of this part relating to mineral, oil, and gas brokerage” means the provisions of Chapters 1, 2, 6, and 7, of Part 1.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 5. (AB 685) Effective January 1, 2017.)


text: “Provisions of this part relating to hearings” means the provisions of Article 3 of Chapter 2 of Part 1.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 6. (AB 685) Effective January 1, 2017.)


text:
(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 following:

(1) A real estate broker’s duties under existing statutory or common law as an agent of a person who retains that broker to perform acts for which a license is required under this division.

(2) Any fiduciary duties owed by a real estate broker to a person who retains that broker to perform acts for which a license is required under this division.

(3) Any duty of disclosure or any other duties or obligations of a real estate broker that arise under this division or other existing applicable California law, including common law.

(4) Any duties or obligations of a salesperson or a broker associate that arise under this division or existing applicable California law, including common law, including duties and obligations to the salesperson’s or broker associate’s responsible broker.

(5) A responsible broker’s duty of supervision and oversight for the acts of retained salespersons or broker associates that arise under this division or other existing applicable California law, including common law.

(b) (1) The Legislature finds and declares that a responsible broker, as defined in Section 10015.1, has the duty to supervise and oversee the licensed acts of each salesperson and broker associate affiliated with and working under his or her supervision, regardless of whether the retention contract with that salesperson or broker associate specifies an independent contractor relationship or an employment relationship.

(2) The Legislature finds and declares that, consistent with existing statutory and common law, a responsible broker is liable for the actions or negligence of a salesperson or broker associate retained by the responsible broker to perform acts for which a license is required under this division.

(c) For purposes of this section, references to “existing statutory law” and “existing applicable California law” refer to the law as it read immediately prior to enactment of Assembly Bill 1289 of the 2017–18 Regular Session and Assembly Bill 2884 of the 2017–18 Regular Session.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 2. (AB 2884) Effective January 1, 2019.)


text: “Licensee,” when used without modification, means a person, whether broker or salesperson, licensed under any of the provisions of this part.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 7. (AB 685) Effective January 1, 2017.)


text: “Broker,” when used without modification, means a person licensed as a broker under any of the provisions of this part.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 8. (AB 685) Effective January 1, 2017.)


text: “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 used in this division, or in the rules and regulations of the commissioner, it means salesperson. Notwithstanding any other law, a licensee may elect to refer to his or her licensed status as real estate salesman, real estate saleswoman, or real estate salesperson.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 9. (AB 685) Effective January 1, 2017.)


text: “Real estate licensee” means a person, whether broker or salesperson, licensed under Chapter 3 of this part.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 10. (AB 685) Effective January 1, 2017.)


text: “Real estate broker” means a person licensed as a broker under Chapter 3 of this part.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 11. (AB 685) Effective January 1, 2017.)


text: “Responsible broker” means the real estate broker responsible for the exercise of control and supervision of real estate salespersons under Section 10159.2, or a licensee subject to discipline under subdivision (h) of Section 10177 for failure to supervise activity requiring a real estate license. The supervision of a salesperson required under this part or any other law is limited to regulatory compliance and consumer protection.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 3. (AB 2884) Effective January 1, 2019.)


text: “Manager” means a real estate licensee authorized to perform supervisorial services for a responsible broker.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 4. (AB 2884) Effective January 1, 2019.)


text: “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 responsible broker.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 5. (AB 2884) Effective January 1, 2019.)


text: “Responsible broker’s identity” means the name under which the responsible broker is currently licensed by the department and conducts business in general or is a substantial division of the real estate firm, or both the name and the associated license identification number. “Responsible broker’s identity” does not include a fictitious business name obtained pursuant to paragraph (2) of subdivision (a) of Section 10159.5 or the use of a team name pursuant to Section 10159.6.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 6. (AB 2884) Effective January 1, 2019.)


text: “Professional identity” includes “responsible broker’s identity” and the identity under which the licensee is authorized to do business.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 7. (AB 2884) Effective January 1, 2019.)


text: “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 compensation, is retained by a real estate broker to do one or more of the acts set forth in Sections 10131, 10131.1, 10131.2, 10131.3, 10131.4, and 10131.6.

history: (History: Amended by Stats. 2018, Ch. 285, Sec. 8. (AB 2884) Effective January 1, 2019.)


text: “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 perform activities that require a license and are performed under a broker’s supervision.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 9. (AB 2884) Effective January 1, 2019.)


text: “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, or who receives an offer to purchase real property of which he or she is the owner from a licensee on behalf of another. “Seller” includes both a vendor and lessor of real property.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 10. (AB 2884) Effective January 1, 2019.)


text: “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 agent includes a seller’s agent.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 11. (AB 2884) Effective January 1, 2019.)


text: “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 listing agent.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 12. (AB 2884) Effective January 1, 2019.)


text: “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 licensee, whether or not a transfer results, or who seeks the services of a licensee in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes a purchaser, vendee, or lessee of real property.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 13. (AB 2884) Effective January 1, 2019.)


text: “Buyer’s agent” means a licensee who provides services requiring a real estate license for or on behalf of a buyer.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 14. (AB 2884) Effective January 1, 2019.)


text: “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) multiunit residential property with more than four dwelling units, (c) commercial real property, (d) vacant land, (e) a ground lease coupled with improvements, or (f) a manufactured home as defined in Section 18007 of the Health and Safety Code or a mobilehome as defined in Section 18008 of the Health and Safety Code.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 15. (AB 2884) Effective January 1, 2019.)


text: “Single-family residential property” or “Single-family residential real property” means: (a) real property improved with one to four dwelling units, including any leasehold exceeding one year’s duration of such, (b) a unit in a residential stock cooperative, condominium, or planned unit development, or (c) a mobilehome or manufactured home when offered for sale or sold through a real estate broker pursuant to Section 10131.6.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 16. (AB 2884) Effective January 1, 2019.)


text: “Commercial real property” means all real property except (a) single-family residential real property, (b) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3 of the Civil Code, (c) a mobilehome as defined in Section 798.3 of the Civil Code, (d) vacant land, or (e) a recreational vehicle as defined in Section 799.29 of the Civil Code.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 17. (AB 2884) Effective January 1, 2019.)


text: 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 (a) an exchange of real property between a seller and a buyer, (b) a real property sales contract within the meaning of Section 2985 of the Civil Code, and (c) a leasehold exceeding one year’s duration.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 18. (AB 2884) Effective January 1, 2019.)


text: “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 transaction.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 19. (AB 2884) Effective January 1, 2019.)


text: “Appraiser” means a person licensed or certified under Part 3 (commencing with Section 11300).

history: (History: Added by Stats. 2018, Ch. 285, Sec. 20. (AB 2884) Effective January 1, 2019.)


text: “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 authorized to sell the real property or find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. A “listing agreement” includes an “exclusive right to sell listing agreement,” “seller reserved listing agreement,” and “open listing agreement.”

history: (History: Added by Stats. 2018, Ch. 285, Sec. 21. (AB 2884) Effective January 1, 2019.)


text: “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 exclusive right to sell, find, or obtain a buyer for the real property, and the seller’s agent is entitled to the agreed compensation if, during that period of time, the real property is sold, no matter who effected the sale, or when the seller’s agent receives and presents to the owner any enforceable offer from a ready, able, and willing buyer on terms that are authorized by the listing agreement or accepted by the owner. An “exclusive right to sell listing agreement” may provide for compensation to the seller’s agent if the property is sold within a specified period after termination of the listing agreement.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 22. (AB 2884) Effective January 1, 2019.)


text: “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 to sell, find, or obtain a buyer for the real property, and the seller’s agent is entitled to the agreed compensation if, during that period of time, the real property is sold, no matter who effected the sale, or when the seller’s agent receives and presents to the owner any enforceable offer from a ready, able, and willing buyer on terms that are authorized by the listing agreement or accepted by the owner. Compensation is not owed to the seller’s agent if the owner sells the property directly and not through any other broker. A “seller reserved listing agreement” may provide for compensation to the seller’s agent if the property is sold, other than directly by the seller, within a specified period after termination of the listing agreement.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 23. (AB 2884) Effective January 1, 2019.)


text: “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 to the seller’s agent only if that agent obtains and presents to the owner an enforceable offer from a ready, able, and willing buyer on the terms authorized by the listing agreement, which is accepted by the owner, before the property is otherwise sold either through another licensee or by the owner directly and before the listing agreement expires by its terms or is revoked by the seller’s agent or the owner.

history: (History: Added by Stats. 2018, Ch. 285, Sec. 24. (AB 2884) Effective January 1, 2019.)


text: “Mineral, oil, and gas licensee” means a person licensed under Chapter 7 (commencing with Section 10500) of this part.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 14. (AB 685) Effective January 1, 2017.)


text: “Mineral, oil, and gas broker” means a person licensed as a broker under Chapter 7 of this part.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 15. (AB 685) Effective January 1, 2017.)


text:
(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 for services requiring a license, or for a listing, as that term is defined in Section 10027, before fully completing the service the licensee contracted to perform or represented would be performed. Neither an advance fee nor the services to be performed shall be separated or divided into components for the purpose of avoiding the application of this division.

(b) For the purposes of this section, the term “advance fee” does not include:

(1) “Security” as that term is used in Section 1950.5 of the Civil Code.

(2) A “screening fee” as that term is used in Section 1950.6 of the Civil Code.

(3) A fee that is claimed, demanded, charged, received, or collected for the purpose of advertising the sale, lease, or exchange of real estate, or of a business opportunity, in a newspaper of general circulation, any other written publication, or through electronic media comparable to any type of written publication, provided that the electronic media or the publication is not under the control or ownership of the broker.

(4) A fee earned for a specific service under a “limited service” contract. For purposes of this section, a “limited service” contract is a written agreement for real estate services described in subdivision (a), (b), or (c) of Section 10131, and pursuant to which such services are promoted, advertised, or presented as stand-alone services, to be performed on a task-by-task basis, and for which compensation is received as each separate, contracted-for task is completed. To qualify for this exclusion, all services performed pursuant to the contract must be described in subdivision (a), (b), or (c) of Section 10131.

(c) A contract between a real estate broker and a principal that requires payment of a commission to the broker after the contract is fully performed does not represent an agreement for an advance fee.

(d) This section does not exempt from regulation the charging or collecting of a fee under Section 1950.5 or 1950.6 of the Civil Code, but instead regulates fees that are not subject to those sections.

history: (History: Repealed and added by Stats. 2010, Ch. 85, Sec. 2. (AB 1762) Effective January 1, 2011.)


text:
The term “listing” as used in this part includes, but is not limited to:

(a) The name or a list of the names, of the owners, landlords, exchangers, or lessors, or the location or locations, of property, or of an interest in property, offered for rent, sale, lease, or exchange, which may include a listing agreement.

(b) The name, or a list of the names, or the location or locations at which prospective or potential purchasers, buyers, lessees, tenants, or exchangers of property may be found or contacted, which may include a listing agreement.

(c) An agreement by which a person who is engaged in the business of promoting the sale or lease of business opportunities or real estate agrees to render to an owner or lessee of the property any services, to promote the sale or lease of that property.

(d) An agreement by which a person who is engaged in the business of finding, locating, or promoting the sale or lease of business opportunities or real estate, agrees to circularize, notify, or refer real estate brokers or salespersons to the property that is offered for sale or lease.

history: (History: Amended by Stats. 2018, Ch. 285, Sec. 25. (AB 2884) Effective January 1, 2019.)


text: “Trust deed” or “deed of trust” as used in this part includes “mortgage.”

history: (History: Added by Stats. 1961, Ch. 886.)


text: “Real property sales contract” as used in this part is an agreement wherein one party agrees to convey title to real property to another party upon the satisfaction of specified conditions set forth in the contract and which does not require conveyance of title within one year from the date of formation of the contract.


text: As used in this part, the words “business opportunity” shall include the sale or lease of the business and goodwill of an existing business enterprise or opportunity.

history: (History: Amended by Stats. 1969, Ch. 216.)


text:
(a) All obligations created under Section 10000, and following, all regulations issued by the commissioner relating to real estate salespersons, and all other obligations of brokers and real estate salespersons to members of the public shall apply regardless of whether the real estate salesperson and the broker to whom he or she is licensed have characterized their relationship as one of “independent contractor” or of “employer and employee.”

(b) A real estate broker and a real estate salesperson licensed under that broker may contract between themselves as independent contractors or as employer and employee, for purposes of their legal relationship with and obligations to each other. Characterization of a relationship as either “employer and employee” or “independent contractor” for statutory purposes, including, but not limited to, withholding taxes on wages and for purposes of unemployment compensation, shall be governed by Section 650 and Sections 13000 to 13054, inclusive, of the Unemployment Insurance Code. For purposes of workers compensation the characterization of the relationship shall be governed by Section 3200, and following, of the Labor Code.

history: (History: Added by Stats. 1991, Ch. 679, Sec. 1.)


text: Neither Section 10185 nor any other provision of this part which makes violation of this part a crime shall be construed to preclude application of any other criminal provision of the law of this state to an act or omission which constitutes a violation of this part.

history: (History: Added by Stats. 1985, Ch. 57, Sec. 1.)


text:
(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 Commissioner.

(2) Notwithstanding any other law, the powers and duties of the department, as set forth in this part and Chapter 1 (commencing with Section 11000) of Part 2, shall be subject to review by the appropriate policy committees of the Legislature. The review shall be performed as if this part and that chapter were scheduled to be repealed as of January 1, 2030.

(b) It shall be the principal responsibility of the commissioner to enforce all laws in this part and Chapter 1 (commencing with Section 11000) of Part 2 in a manner that achieves the maximum protection for the buyers of real property and those persons dealing with real estate licensees.

(c) Wherever the term “commissioner” is used in this division, it means the Real Estate Commissioner.

(d) The amendments made to this section by the act adding this subdivision shall become operative on July 1, 2026.

history: (History: Amended by Stats. 2026, Ch. 28, Sec. 3. (SB 170) Effective June 29, 2026. Operative July 1, 2026, by its own provisions.)

chapter: 2. Administration

article: 1. The Real Estate Commissioner

path: 4. REAL ESTATE > 2. Administration > 1. The Real Estate Commissioner


text: Protection of the public shall be the highest priority for the Department of Real Estate in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

history: (History: Added by Stats. 2011, Ch. 712, Sec. 3. (SB 706) Effective January 1, 2012.)

article: 1. The Real Estate Commissioner


text: The commissioner shall be appointed by the Governor.

history: (History: Repealed and added by Stats. 1976, Ch. 375.)

article: 1. The Real Estate Commissioner


text: The commissioner shall have been for five years a real estate broker actively engaged in business as such in California, or shall possess related experience associated with real estate activity in California for five years within the last 10 years.

article: 1. The Real Estate Commissioner


text: The commissioner shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code, to be paid monthly out of the State Treasury upon a warrant of the Controller, and shall be allowed his or her actual and necessary expenses in the discharge of his or her duties.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 18. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

article: 1. The Real Estate Commissioner


text: 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 regulate and control the issuance and revocation, both temporary and permanent, of all licenses to be issued under the provisions of this part, and to perform all other acts and duties provided in this part and Chapter 1 (commencing with Section 11000) of Part 2 and necessary for their enforcement.

history: (History: Amended by Stats. 2025, Ch. 786, Sec. 4. (SB 774) Effective January 1, 2026.)

article: 1. The Real Estate Commissioner


text: The commissioner shall employ deputies, clerks, and employees as needed to discharge in the proper manner the duties imposed upon the commissioner by law.

history: (History: Amended by Stats. 2025, Ch. 786, Sec. 5. (SB 774) Effective January 1, 2026.)

article: 1. The Real Estate Commissioner


text:
(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 information required by the Department of Justice for any employee, prospective employee, contractor, subcontractor, or volunteer whose duties include, or would include, access to criminal offender record information. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

(b) (1) The department shall require a services contract, interagency agreement, or public entity agreement that includes, or would include, access to criminal offender record information to include a provision requiring the contractor to agree to perform criminal background checks on its employees and subcontractors who will have access to information described in subdivision (a) as part of their services contract, interagency agreement, or public entity agreement with the department.

(2) This subdivision shall only apply to a services contract, interagency agreement, or public entity agreement that is entered into, renewed, or amended on or after January 1, 2024.

(c) For purposes of this section:

(1) “Access” means the ability to view electronically or on paper.

(2) “Criminal offender record information” means the same as defined in Section 11075 of the Penal Code.

history: (History: Added by Stats. 2023, Ch. 198, Sec. 1. (SB 152) Effective September 13, 2023.)

article: 1. The Real Estate Commissioner


text: After qualifying as such neither the commissioner nor any of the deputies, clerks, or employees of the department shall be interested in any mineral, oil, or gas business, mineral, oil, or gas brokerage firm, real estate company or any real estate brokerage firm, as director, stockholder, officer, member, agent or employee, or act as a broker or salesperson, or act as a co-partner or agent for any broker or brokers, or salesperson or salespersons.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 17. (AB 685) Effective January 1, 2017.)

article: 1. The Real Estate Commissioner


text:
Deputies, clerks and employees shall perform such duties as the commissioner shall assign to them.

Subject to the powers of the State Personnel Board and the Director of Finance, the commissioner shall fix the compensation of such deputies, clerks and employees, which compensation shall be paid monthly on a certificate of the commissioner, and on the warrant of the Controller out of the State Treasury.

history: (History: Added by Stats. 1943, Ch. 127.)

article: 1. The Real Estate Commissioner


text:
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.

Each clerk and employee shall take such oaths as may be required by law.

article: 1. The Real Estate Commissioner


text: The commissioner shall have his principal office in the City of Sacramento, and may establish branch offices in the City and County of San Francisco, the City of Los Angeles and in such other cities as the commissioner may deem necessary, subject to the approval of the Department of Finance.

article: 1. The Real Estate Commissioner


text:
(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 engraved thereon, by which the commissioner shall authenticate the proceedings of their office.

(b) Copies of all records and papers in the office of the commissioner certified under the hand and seal of the commissioner shall be received in evidence in all cases equally and with like effect as the originals.

history: (History: Amended by Stats. 2025, Ch. 786, Sec. 6. (SB 774) Effective January 1, 2026.)

article: 1. The Real Estate Commissioner


text:
(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 Chapter 1 of Part 2 or arising in the administration thereof that may be submitted to him or her by the commissioner. Except as provided in subdivision (b), the Attorney General shall act as the attorney for the commissioner in all actions and proceedings brought by or against him or her under or pursuant to any of the provisions of this part or of Chapter 1 of Part 2.

(b) In the case of refusal by a licensee to obey a subpoena issued to that licensee, the commissioner may, by a noticed motion, apply to the superior court for, and the superior court may issue to the licensee, an order requiring the licensee to appear before the commissioner, or the representative designated by the commissioner, to produce documentary evidence, if so ordered, or to give evidence touching the matter under investigation or in question. Failure of the licensee to obey the order of the court may be punished by the court as a contempt.

history: (History: Amended by Stats. 2011, Ch. 717, Sec. 1. (SB 53) Effective January 1, 2012.)

article: 1. The Real Estate Commissioner


text: 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 Chapter 1 (commencing with Section 11000) of Part 2 of this division. The rules and regulations shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act.

history: (History: Amended by Stats. 2005, Ch. 77, Sec. 9. Effective January 1, 2006.)

article: 1. The Real Estate Commissioner


text: In the event the commissioner employs the services of an agency engaged in the business of furnishing credit reports, such agency shall have been engaged in such business continuously in this State for a period of not less than five years prior to the time of such employment.

history: (History: Added by Stats. 1945, Ch. 660.)

article: 1. The Real Estate Commissioner


text:
(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 engaged or has engaged in activities for which a real estate license is required, or that a person who does not possess a prepaid rental listing service license or a real estate broker license is engaged or has engaged in activities for which a license is required pursuant to Section 10167.2, or that a licensee is violating or has violated any provision of this division or any rule or order thereunder, the commissioner or his or her designated representative may issue a citation to that person in writing, describing with particularity the basis of the citation. Each citation may contain an order to correct the violation or violations identified and a reasonable time period or periods by which the violation or violations must be corrected. In addition, each citation may assess an administrative fine not to exceed two thousand five hundred dollars ($2,500), which shall be deposited into the Recovery Account of the Real Estate Fund and shall, upon appropriation by the Legislature, be available for expenditure for the purposes specified in Chapter 6.5 (commencing with Section 10470). In assessing a fine, the commissioner shall give due consideration to the appropriateness of the amount of the fine with respect to factors such as the gravity of the violation, the good faith of the person cited, and the history of previous violations. A citation issued and a fine assessed pursuant to this section, while constituting discipline for a violation of the law, shall be in lieu of other administrative discipline by the commissioner for the offense or offenses cited, and the citation against and payment of any fine by a licensee shall not be reported as disciplinary action taken by the commissioner.

(b) Notwithstanding subdivision (a), nothing in this section shall prevent the commissioner from issuing an order to desist and refrain from engaging in a specific business activity or activities or an order to suspend all business operations to a person who is engaged in or has engaged in continued or repeated violations of this part. In any of these circumstances, the sanctions authorized under this section shall be separate from, and in addition to, all other administrative, civil, or criminal penalties.

(c) If, within 30 days from the receipt of the citation or the citation and fine, the person cited fails to notify the commissioner that he or she intends to request a hearing as described in subdivision (d), the citation or the citation and fine shall be deemed final.

(d) Any hearing under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(e) After the exhaustion of the review procedures provided for in this section, the commissioner may apply to the appropriate superior court for a judgment in the amount of any administrative penalty imposed pursuant to subdivision (a) and an order compelling the person cited to comply with the order of the commissioner. The application, which shall include a certified copy of the final order of the commissioner, shall constitute a sufficient showing to warrant issuing the judgment and order.

(f) Failure of any person to comply with the terms of a citation or pay a fine assessed pursuant to this section, within a reasonable period specified by the commissioner, shall subject that person to disciplinary action by the commissioner. In no event may a license be issued or renewed if an unpaid fine remains outstanding or the terms of a citation have not been complied with.

history: (History: Amended by Stats. 2016, Ch. 177, Sec. 18. (AB 685) Effective January 1, 2017.)

article: 1. The Real Estate Commissioner


text:
(a) Whenever the commissioner believes from evidence satisfactory to him that any person has violated or is about to violate any of the provisions of this part or of Chapter 1 (commencing with Section 11000) of Part 2 or any order, license, permit, decision, demand or requirement, or any part or provision thereof, he or she may bring an action in the name of the people of the State of California in the superior court of the State of California against that person to enjoin him or her from continuing the violation or engaging therein or doing any act or acts in furtherance thereof.

In this action an order or judgment may be entered awarding such preliminary or final injunction as may be proper, but no preliminary injunction or temporary restraining order shall be granted without at least five days’ notice to the defendant.

If the commissioner makes a showing satisfactory to the court that the violations or threatened violations jeopardize funds and properties of others in the custody or under the control of the defendant, the court may appoint a receiver for management of the business of the defendant, including, but not limited to, the funds and properties of others in his or her possession or may make any other order as it deems appropriate to protect and preserve those funds and properties.

The order appointing the receiver shall specify the source of the funds for payment of the fees of the receiver and the costs attributable to administering the receivership. Unless provided for in the order, the commissioner shall not be liable for payment of the fees or costs.

(b) The commissioner may include in any action authorized by subdivision (a), a claim for restitution on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the court shall have jurisdiction to award appropriate relief to such persons.

history: (History: Amended by Stats. 1988, Ch. 468, Sec. 1.)

article: 1. The Real Estate Commissioner


text:
Whenever the commissioner believes from evidence satisfactory to him or her that any real estate licensee has violated or is about to violate, the provisions of Section 10145, the commissioner may bring an action in the name of the people of the State of California, in the superior court of the State of California, to enjoin the licensee from continuing the violation or engaging therein or doing any act or acts in furtherance thereof.

In the event the commissioner has conducted an audit which reflects commingling or conversion of trust funds in excess of ten thousand dollars ($10,000), the court may enter an order restraining the licensee from doing any act or acts in furtherance thereof, and from further exercising the privileges of his or her license pending further order of the court, provided that a hearing shall be held on the order within five days after the date thereof.

After such hearing in the manner provided by law, an order may be entered appointing a receiver, or such other order as the court may deem proper. The order appointing the receiver shall specify the source of the funds from which the fees of the receiver and the costs of administering the receivership are to be paid. Unless provided for in the order, the commissioner shall not be liable for payment of the fees or costs.

A receiver appointed by the court pursuant to this section may, with the approval of the court, exercise all of the powers of the licensee or its officers, directors, partners, trustees, or persons who exercise similar powers and perform similar duties, including the filing of a petition for bankruptcy of the licensee.

history: (History: Amended by Stats. 1988, Ch. 468, Sec. 2.)

article: 1. The Real Estate Commissioner


text: The commissioner may publish or cause to be published at appropriate intervals a directory or list of licensed brokers and salespersons and may publish therewith any matter as the commissioner may deem pertinent to this part and Chapter 1 (commencing with Section 11000) of Part 2. The commissioner shall furnish one copy of the directory to each licensed broker upon request and payment of an appropriate charge based upon the cost of publication. The directory may contain copies of this part and Chapter 1 (commencing with Section 11000) of Part 2 and the rules and regulations of the commissioner.

history: (History: Amended by Stats. 2025, Ch. 786, Sec. 7. (SB 774) Effective January 1, 2026.)

article: 1. The Real Estate Commissioner


text: The commissioner may periodically issue a bulletin containing matter relating to the department, and to the provisions of this part and of Chapter 1 (commencing with Section 11000) of Part 2, and the administration thereof, and may publish the same character of matter in any established periodical published in the state which in his opinion would be most likely to disseminate such matter and information to licensees under this part.

history: (History: Amended by Stats. 1969, Ch. 138.)

article: 1. The Real Estate Commissioner


text:
(a) (1) The commissioner shall provide information on the internet regarding the status of every license issued by the department in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code).

(2) The public information to be provided on the internet shall include information on suspensions and revocations of licenses issued by the department and accusations filed pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) relative to persons or businesses subject to licensure or regulation by the department.

(3) The public information shall not include personal information, including home telephone number, date of birth, or social security number. The commissioner shall disclose a licensee’s address of record. However, the commissioner shall allow a licensee to provide a post office box number or other alternate address, instead of the licensee’s home address, as the address of record. This section shall not preclude the commissioner from also requiring a licensee who has provided a post office box number or other alternative mailing address as the licensee’s address of record to provide a physical business address or residence address only for the department’s internal administrative use and not for disclosure as the licensee’s address of record or disclosure on the internet.

(4) The public information shall also include whether a licensee is an associate licensee within the meaning of subdivision (a) of Section 2079.13 of the Civil Code and, if the associate licensee is a broker, identify each responsible broker with whom the licensee is contractually associated as described in Section 10032 of this code or Section 2079.13 of the Civil Code.

(b) For purposes of this section, “internet” has the meaning set forth in paragraph (6) of subdivision (f) of Section 17538.

(c) Upon petition by a licensee accompanied by a fee sufficient to defray costs associated with consideration of a petition, the commissioner may remove from the posting of discipline described in subdivision (a) an item that has been posted on the department’s internet website for no less than 10 years and for which the licensee provides evidence of rehabilitation indicating that the notice is no longer required in order to prevent a credible risk to members of the public utilizing licensed activity of the licensee. In evaluating a petition, the commissioner shall take into consideration other violations that present a credible risk to the members of the public since the posting of discipline requested for removal.

(d) The department may develop, through regulations, the amount of the fee and the minimum information to be included in a licensee’s petition, including, but not limited to, a written justification and evidence of rehabilitation pursuant to Section 482.

(e) “Posted” for purposes of this section is defined as the date of disciplinary action taken by the department.

(f) The department shall maintain a list of all licensees whose disciplinary records are altered as a result of a petition approved under subdivision (c). The department shall make the list accessible to other licensing bodies. The department shall update and provide the list to other licensing bodies as often as it modifies the records displayed on its internet website in response to petitions approved under subdivision (c).

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 6. (AB 1754) Effective January 1, 2024.)

article: 1. The Real Estate Commissioner


text: The commissioner may prepare a pamphlet or brochure dealing with disclosures of information in residential real estate transactions. The costs of preparation and distribution may be paid from such moneys as may from time to time be appropriated from the Real Estate Fund for education and research. The commissioner shall make copies of the pamphlet or brochure available upon request to sellers, buyers, and real estate licensees for a fee commensurate with the cost of preparation and distribution. Such fees as are collected shall be paid into the education and research account of the Real Estate Fund.

history: (History: Added by Stats. 1977, Ch. 826.)

article: 1. The Real Estate Commissioner


text:
(a) Notwithstanding Section 10450.6, on or before January 1, 1991, the department, using funds appropriated from the Education and Research Account in the Real Estate Fund, shall develop a booklet to educate and inform consumers on all of the following:

(1) Common environmental hazards that are located on, and affect, real property. The types of common environmental hazards shall include, but not be limited to, asbestos, radon gas, lead-based paint, formaldehyde, fuel and chemical storage tanks, and water and soil contamination.

(2) The significance of common environmental hazards and what can be done to mitigate these hazards.

(3) What sources can provide more information on common environmental hazards for the consumer.

(b) The department shall seek the advice of the State Department of Health Services to assist it in determining the contents of the booklet prepared pursuant to this section, and shall seek the assistance of the State Department of Health Services in the writing of the booklet.

history: (History: Added by Stats. 1989, Ch. 969, Sec. 1. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)

article: 1. The Real Estate Commissioner


text:
(a) As existing resources permit, or as private resources are made available, the Homeowners’ Guide to Environmental Hazards prepared pursuant to Section 10084.1, updated pursuant to Sections 13261, 25417, and 25417.1 of the Health and Safety Code, and as required to be updated pursuant to Section 25417.2 of the Health and Safety Code, shall be updated to include three new sections on wildfires, climate change, and sea level rise.

(b) The Department of Toxic Substances Control shall seek the advice and assistance of departments within the Natural Resources Agency in the writing of the booklet to determine the contents of the booklet prepared pursuant to this section.

history: (History: Amended by Stats. 2025, Ch. 263, Sec. 2. (AB 455) Effective January 1, 2026.)

article: 1. The Real Estate Commissioner