BILL NUMBER: AB 2397	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Rodriguez

                        FEBRUARY 18, 2016

   An act to amend Section 10133 of the Business and Professions
Code, relating to real estate brokers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2397, as introduced, Rodriguez. Real estate brokers: licensure
requirements: exemption.
   Existing law, the Real Estate Law, provides for the licensure and
regulation of real estate brokers by the Real Estate Commissioner.
Under existing law, a real estate broker is a person who, for a
compensation or in expectation of a compensation, regardless of the
form or time of payment, does or negotiates to do one or more
specified acts for another or others. Existing law exempts these acts
from real estate licensure requirements if performed by specified
persons under specified circumstances.
   This bill would also exempt those acts from real estate licensure
requirements if performed by any agent, employee, or independent
contractor of an individual, entity that provides housing services
and the individual or entity's sole activities related to real estate
involve ownership or management of residential property owned or
controlled by the individual or entity, and would prohibit this
exemption from applying under specified circumstances.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10133 of the Business and Professions Code is
amended to read:
   10133.  (a) The acts described in Section 10131 are not acts for
which a real estate license is required if performed by:
   (1) A regular officer of a corporation or a general partner of a
partnership with respect to real property owned or leased by the
corporation or partnership, respectively, or in connection with the
proposed purchase or leasing of real property by the corporation or
partnership, respectively, if the acts are not performed by the
officer or partner in expectation of special compensation.
   (2) A person holding a duly executed power of attorney from the
owner of the real property with respect to which the acts are
performed.
   (3) An attorney at law in rendering legal services to a client.
   (4) A receiver, trustee in bankruptcy or other person acting under
order of a court of competent jurisdiction.
   (5) A trustee for the beneficiary of a deed of trust when selling
under authority of that deed of trust. 
   (6) Any individual, or agent, employee, or independent contractor
that provides housing services and the individual or entity's sole
activities related to real estate involve ownership or management of
residential property owned or controlled by the individual or entity.
This exemption shall not apply if and to the extent an agent,
employee, or independent contractor paid a commission or other
compensation strictly on a transactional basis is employed to make
sales, exchanges, or leases to or with customers in the ordinary
course of the entity's business of selling, exchanging, or leasing
real property to the public, 
   (b) The exemptions in subdivision (a) are not applicable to a
person who uses or attempts to use them for the purpose of evading
the provisions of this part.