BILL ANALYSIS Ó AB 1650 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1650 (Frazier) - As Amended March 28, 2016 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|16 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill, beginning January 1, 2018, revises the disclosure requirements for real estate licensees with regard to solicitation materials. Specifically, this bill: 1)Requires a real estate licensee to disclose his or her name, license number, and responsible broker's identity on AB 1650 Page 2 solicitation materials intended to be the first point of contact with consumers and on real property purchase agreements when acting as an agent in those transactions. 2)Expands the definition of "solicitation materials intended to be the first point of contact with consumers" to additionally include advertisements on television, in print, or electronic media; "for sale," rent, lease, "open house," and directional signs, and other materials designed to solicit the creation of a professional relationship between the licensee and a consumer. 3)Excludes from these provisions, "for sale," rent, lease, "open house" and directional signs displaying only the responsible broker's identity, or do not contain a reference to a real estate licensee's name. FISCAL EFFECT: Minor and absorbable costs to the Bureau of Real Estate to modify existing regulations. COMMENTS: 1)Purpose. According to the author, "Current law has created confusion about what identity information is required to be included on real estate advertising materials. Existing law varies greatly depending on the type of advertisement (i.e. 'for sale' signs, print and electronic media, business cards, brochures, etc.) and the name being used by the licensee (i.e. given name, nickname, team name, etc.). This bill will require a licensee conducting advertising of any kind to also include their California Bureau of Real Estate (BRE) license number and responsible broker's identity. 'Open house' and directional signs without a reference to agent name or branding would be exempt from this requirement. Creating a AB 1650 Page 3 uniform advertising standard for real estate licensees would alleviate the existing competing standards and would serve to create more transparency for consumers in the market place." 2)Background. Prior to 2008, there were no disclosure requirements for real estate advertisements, other than to state that the services being advertised require a real estate license. After the onset of the housing market crisis, a licensee was required to disclose his or her license number on specified solicitation materials for consumer protection purposes (SB 1461 (Negrete-McLeod), Chapter 284, Statutes of 2008). SB 1461 expressly excluded electronic and print advertisements and "for sale" signs from this requirement. AB 2018 (Bocanegra), Chapter 892, Statutes of 2014 clarified and expanded disclosure requirements for real estate advertisements under "fictitious business names" and "team names" to include the responsible broker's identity. It also expanded the scope of advertising and solicitation materials to include online and print advertisements, as well as "for sale", rent, and lease signs. The requirements of AB 2018, however, do not apply to real estate licensees advertising under their given names. Supporters argue that the inconsistent standards have created some confusion among licensees. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081 AB 1650 Page 4