BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 710| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 710 Author: Galgiani (D), et al. Amended: 6/9/16 Vote: 27 - Urgency PRIOR VOTES NOT RELEVANT ASSEMBLY FLOOR: 79-0, 6/30/16 (Consent) - See last page for vote SUBJECT: Real estate licensees: fictitious business names: team names SOURCE: California Association of Realtors DIGEST: This bill corrects a drafting error that requires the listing of a company name and a responsible broker's license number on all team advertising and instead requires only one or the other to be listed. Assembly Amendments make a corrective change to the definition of "responsible broker's identity" to only state the name under which the responsible broker is currently licensed by the California Bureau of Real Estate (CalBRE) 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. ANALYSIS: SB 710 Page 2 Existing law: 1) Defines a "real estate broker" as a person who, among other things, sells, buys, or rents real property for another for compensation. (Business and Professions Code (BCP) §§ 10131-10131.6) 2) Defines a "real estate salesperson" as a natural person who is employed by a licensed real estate broker to perform any act of a real estate broker for compensation. (BPC §§ 10017, 10132) 3) Defines a "fictitious business name" (FBN) as a name used for business, including real estate, which does not include the surname of the business owners or suggest the existence of other owners. (BPC §§ 10159.7(a)(2), 17900) 4) Defines "team name" as a professional identity or brand name used by a salesperson, and one or more other real estate licensees, to provide real estate services. (BPC § 10159.7(a)(5)) 5) Defines "responsible broker" as the broker responsible for the supervision of licensed salespersons. (BPC § 10159.7(a)(4)) 6) Defines "responsible broker's identity" as a name under which the responsible broker operates or conducts business which may include a sole proprietorship or business entity name. (BPC §10159.7(a)(1)) 7) Requires a person using an FBN to file an FBN statement with the county clerk. (BPC Section 17910) SB 710 Page 3 8) Authorizes the use of an FBN for acts requiring a real estate license if the CalBRE has approved the FBN under an additional license. (BPC §§ 10159.5(a), 10159.7(a)(2)) 9) Requires advertising materials using an authorized FBN to display the responsible broker's identity as prominently as the FBN. (BPC § 10159.5(d)) 10)Provides that the use of a team name does not require a separate FBN license. (BPC § 10159.7(a)(5)) 11)Provides that a team name is not an FBN if: (BPC § 10159.7(a)(5)) a) The name is used by two or more real estate licensees who work together to provide licensed real estate services, or who represent themselves to the public as being a part of a team, group, or association to provide those services; b) The name includes the surname of at least one of the licensee members of the team, group, or association in conjunction with the term "associates," "group," or "team;" and, c) The name does not include any term or terms, such as "real estate broker," "real estate brokerage," "broker," or "brokerage" or any other term that would lead a member of the public to believe that the team is offering real estate brokerage services independent of a licensed broker. This bill: SB 710 Page 4 1) Makes technical and clarifying changes to existing real estate FBN and team name provisions. 2) Corrects a drafting error that requires the listing of a company name and a responsible broker's license number on all "team" advertising and instead requires only one or the other to be listed. Background An FBN is a statutorily defined "fake name" that a person uses when conducting business if the person does not wish to use a real name. In California, the registration of FBNs is meant, "to protect those dealing with individuals or partnerships doing business under fictitious names, and? designed to make available to the public the identities of persons doing business under the fictitious name" (BPC § 17900(a)(1)). Many real estate salespersons work together in teams and use a team name, e.g. "The Smith Team." Before AB 2018 (Bocanegra, Chapter 892, Statutes of 2014), many team names could have been considered an FBN and been required by counties to register that team name as an FBN. AB 2018 established statutorily prescribed team advertising requirements and requires real estate licensees conducting any advertising, including print or electric media and for sale signs, who use a team name to include the licensee's name and license number in a conspicuous manner. The statute further requires the responsible broker's identity (or company name) to be displayed as "prominently and conspicuously" as the team name in all advertising. In 2015, SB 146 (Galgiani, Chapter 129, Statutes of 2015) clarified that a real estate team name is not an FBN under state law and does not require registration with CalBRE, so it does not require registration of that name with the county. SB 710 Page 5 It is unclear if consumers could be confused by a common name such as "The Smith Team" due to the potential prevalence of that name. However, the California Association of Realtors maintains that the inclusion of the individual's licensee number in these advertisements, as required by BPC Section 10159.6, should alleviate most of the confusion. While not all team names will be unique, most can be attributed to a responsible broker if the consumer chooses to search for information relevant to a particular team name on the CalBRE Web site, and should not lead to confusion. Consumers will continue to be able to locate the licensee's responsible broker by searching either the individual's license number listed on the team advertisement or by looking up the responsible broker's identity (i.e. company name) which must be displayed on the team advertising. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SUPPORT: (Verified7/12/16) California Association of Realtors OPPOSITION: (Verified7/12/16) None received ARGUMENTS IN SUPPORT: The California Association of Realtors writes that this bill "seeks to correct a drafting error that requires the listing of a company name and a responsible broker's license number on all team advertising. This bill would require one or the other to be listed, but not both, as the inadvertently created standard under SB 146 is unnecessarily burdensome and duplicative." SB 710 Page 6 ASSEMBLY FLOOR: 79-0, 6/30/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Melendez Prepared by:Mark Mendoza / B., P. & E.D. / (916) 651-4104 7/29/16 10:51:49 **** END ****