BILL NUMBER:  SB 109
  VETOED	DATE: 10/11/2009




To the Members of the California State Senate:

I am returning Senate Bill 109 without my signature.

This bill would revise the definition of auctions to include real
estate sales and require notification to an auction audience bidding
on real estate of all fees that will be levied as a condition of
bidding, and an explanation of certain terms relating to the auction.
  This bill would also require the return of deposits and fees in a
specified time if the bidder's offer is rejected or if the seller
does not respond to the offer.

While the goals of SB 109 are laudable, this bill adds additional
unnecessary regulatory burdens on business.  Existing law provides
consumers with civil remedies should a seller fail to release a
deposit in a timely fashion.  In addition, auctions of real property
by third parties often involve a real estate broker whose improper
conduct would already be subject to discipline by the Department of
Real Estate.  Since this measure would impose unnecessary
restrictions and fees upon real estate auctioneers, I am unable to
sign this bill.

Sincerely,



Arnold Schwarzenegger