AB 2540, as amended, Dababneh. Real estate licenses.
(1) Under the Real Estate Law, the California Bureau of Real Estate, which is headed by the Real Estate Commissioner, issues licenses to and regulates real estate brokers and real estate salespersons. Existing law authorizes the commissioner to prescribe the format and content of the written applications for the real estate broker examination, broker license, and salesperson examination.
This bill would authorize the commissioner to additionally prescribe thebegin delete formend deletebegin insert formatend insert and content of the application forbegin delete bothend delete the real estate salespersonbegin delete examination andend delete
license, and would require that each of those applications for an examination or license, or both, require the applicant to provide a valid email addressbegin insert and telephone numberend insert at which the bureau may contact the applicant.
(2) Existing law requires every licensed real estate broker to have and maintain a definite place of business in the state that serves as his or her office for the transaction of business, displays his or her license, and where he or she holds personal consultations with a client. Any person, including officers, directors, agents, or employees of corporations, who willfully violate or knowingly participate in the violation of these provisions is guilty of a misdemeanor punishable by a fine not exceeding $10,000, or by imprisonment in the county jail not exceeding 6 months, or by both that fine and imprisonment.
This bill would require everybegin insert real estate broker and salespersonend insert licensee to provide the commissioner with his or her current office or mailing address, current telephone number, and current email address that he or she uses to perform any activity that requires a real estate license, and at which the bureau may contact the licensee, and to update that information no later than 30 days after making a change. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 10150 of the Business and Professions
2Code is amended to read:
(a) Application for the real estate broker license
4examination shall be made in writing to the commissioner. The
5commissioner may prescribe the format and content of the broker
6examination application. The application for the broker
7examination shall require an applicant to provide a valid email
8addressbegin insert and telephone numberend insert at which the bureau may contact
9the applicant and shall be accompanied by the real estate broker
10license examination fee.
11(b) Persons who have been notified by the commissioner that
12they passed the real estate broker license examination may apply
13for a real estate broker
license. A person applying for the broker
14examination may also apply for a real estate broker license.
15However, a license shall not be issued until the applicant passes
16the real estate broker license examination. If there is any change
17to the information contained in a real estate broker license
18application after the application has been submitted and before the
P3 1license has been issued, the commissioner may require the applicant
2to submit a supplement to the application listing the changed
3information.
4(c) Application for the real estate broker license shall be made
5in writing to the commissioner. The commissioner may prescribe
6the format and content of the broker license application. The
7application for the real estate broker license shall require an
8applicant to provide a valid email addressbegin insert
and telephone numberend insert
9 at which the bureau may contact the applicant and shall be
10accompanied by the appropriate fee.
11(d) Application for an endorsement to act as a mortgage loan
12originator, as defined in Section 10166.01, shall be made either
13electronically or in writing as directed by the commissioner. The
14
commissioner may prescribe the format and content of the
15mortgage loan originator endorsement application, which shall
16meet the minimum requirements for licensing of a mortgage loan
17originator, pursuant to the Secure and Fair Enforcement for
18Mortgage Licensing Act of 2008 (Public Law 110-289).
Section 10151 of the Business and Professions Code
20 is amended to read:
(a) Application for the real estate salesperson license
22examination shall be made in writing to the commissioner. The
23commissioner may prescribe the format and content of the
24salesperson examination application. The application for the
25salesperson examination shall require an applicant to provide a
26valid email addressbegin insert and telephone numberend insert at which the bureau
27may contact the applicant and shall be accompanied by the real
28estate salesperson license examination fee.
29(b) Persons who have been notified by the commissioner that
30they passed the real estate salesperson license examination may
31apply
for a real estate salesperson license. A person applying for
32the salesperson examination may also apply for a real estate
33salesperson license. However, a license shall not be issued until
34the applicant passes the real estate salesperson license examination.
35If there is any change to the information contained in a real estate
36salesperson license application after the application has been
37submitted and before the license has been issued, the commissioner
38may require the applicant to submit a supplement to the application
39listing the changed information.
P4 1(c) (1) The commissioner may prescribe the format and content
2of thebegin delete application for both the examination and license.end deletebegin insert real
estate
3salesperson license application.end insert The applicationbegin insert for the real estate
4salesperson licenseend insert shall require the applicant to provide a valid
5email addressbegin insert and telephone numberend insert at which the bureau may
6contact the applicant.
7(2) An application for the real estate salesperson license
8examination or for both the examination and license that is received
9by the commissioner on or after October 1, 2007, shall include
10evidence or certification, satisfactory to the commissioner, of
11successful completion at an accredited institution of a
12three-semester unit course, or the quarter equivalent thereof, or
13successful completion of an equivalent course of
study as defined
14in Section 10153.5, in real estate principles as well as the successful
15completion at an accredited institution of a course in real estate
16practice and one additional course set forth in Section 10153.2,
17other than real estate principles, real estate practice, advanced legal
18aspects of real estate, advanced real estate finance, or advanced
19real estate appraisal. The applicant shall provide this evidence or
20certification to the commissioner prior to taking the real estate
21salesperson license examination.
22(d) The commissioner shall waive the requirements of this
23section for the following applicants:
24(1) An applicant who is a member of the State Bar of California.
25(2) An applicant who has qualified to take
the examination for
26an original real estate broker license by satisfying the requirements
27of Section 10153.2.
28(e) Application for endorsement to act as a mortgage loan
29originator, as defined in Section 10166.01, shall be made either
30electronically or in writing as directed by the commissioner. The
31commissioner may prescribe the format and the content of the
32mortgage loan originator endorsement application, which shall
33meet the minimum requirements for licensing of a mortgage loan
34originator, pursuant to the Secure and Fair Enforcement for
35Mortgage Licensing Act of 2008 (Public Law 110-289).
Section 10162 of the Business and Professions Code
37 is amended to read:
(a) Every licensed real estate broker shall have and
39maintain a definite place of business in the State of California that
40serves as his or her office for the transaction of business. This
P5 1office shall be the place where his or her license is displayed and
2where personal consultations with clients are held.
3(b) A real estate license does not authorize the licensee to do
4business except from the location stipulated in the real estate
5license as issued or as altered pursuant to Section 10161.8.
6(c) (1) Everybegin insert
real estate broker and salespersonend insert licensee shall
7provide to the commissioner his or her current office or mailing
8address, a current telephone number, and a current email address
9that he or she maintains or uses to perform any activity that requires
10a real estate license, at which the bureau may contact the licensee.
11(2) Everybegin insert real estate broker and salespersonend insert licensee shall
12inform the commissioner of any change to his or her office or
13mailing address, telephone number, or email address no later than
1430 days after making the change.
No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.
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