BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 710|
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                                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:










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          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)










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           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: 










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           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.










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          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."









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          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


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