This law is called the Real Estate Law.

This section explains that the definitions given in this chapter are only relevant to this part of the code and do not apply to other sections.

This section defines the term "Commissioner" specifically as the Real Estate Commissioner.

This law specifies that the term "Department" refers to the Department of Real Estate, which is part of the Business, Consumer Services, and Housing Agency. It also notes that this definition became effective on July 1, 2018.

This law clarifies that any time you see terms like 'bureau,' 'division,' 'Bureau of Real Estate,' or 'Real Estate Division' in this division or any other law, they are now referring to the Department of Real Estate. This change took effect on July 1, 2018.

This law section clarifies that when the term “person” is used in legal contexts, it also refers to entities like corporations, companies, and firms, not just individual people.

This section clarifies that when the term “provisions of this part relating to real estate” is used, it specifically refers to Chapters 1, 2, 3, and 6 of Part 1. It is essentially pointing out where you can find the rules and guidelines related to real estate within this part of the law.

This section defines which parts of the law are included when referring to 'business opportunity regulation.' It specifically includes Chapters 1, 2, and 6 of Part 1.

This section explains that when it mentions rules about mineral, oil, and gas brokerage, it is specifically talking about the rules found in Chapters 1, 2, 6, and 7 of Part 1.

This section clarifies that when mentioning 'provisions relating to hearings,' it specifically refers to certain rules and guidelines found in another part of the law.

This section explains that certain real estate laws (Assembly Bills 1289 and 2884) do not change a real estate broker's duties under existing laws. Brokers still have to follow the rules about representing clients, sharing important information, and handling fiduciary duties, which means acting in the client's best interest. Salespeople and broker associates must also follow these laws, and their supervising brokers are responsible for their actions, regardless if they're treated as employees or independent contractors. The laws referred to are based on what was effective right before these Assembly Bills were passed.

The term "licensee" refers to anyone who has a broker or salesperson license according to the rules in this section.

When the term "broker" is mentioned in this context, it refers to someone who has a broker's license according to the rules outlined in this part of the law.

This law clarifies that a 'salesperson' is someone licensed to sell real estate. The terms 'salesman,' 'saleswoman,' and 'salesperson' can all be used interchangeably according to the licensee's preference, as long as they're licensed under this part of the law.

In this law, a "real estate licensee" is defined as anyone who is either a real estate broker or salesperson and has received a license according to Chapter 3.

This law section defines a real estate broker simply as someone who holds a broker's license according to Chapter 3.

A 'responsible broker' is a real estate broker who oversees and supervises real estate agents to make sure they follow the rules and protect consumers. If they don't, they might face disciplinary actions.

This law section defines a 'Manager' as a real estate licensee who is approved to oversee certain tasks for a main broker in charge.

A broker associate is someone with a real estate license who works under another broker, called a responsible broker, and is allowed to perform services on their behalf.

The term “responsible broker’s identity” refers to the official name and possibly the license number under which a broker operates and is registered with the department. It does not involve any made-up business names or team names.

This law section is about how 'professional identity' covers both the name of the responsible broker and the business name that a licensee is allowed to use.

A "real estate salesperson" in this context is someone who has a specific license and works for a real estate broker. They do certain tasks related to real estate, and they get paid or expect to get paid for doing these tasks, which are detailed in other sections.

In this context, "retained" refers to the professional relationship where a broker supervises a licensee who works with them. This licensee can be either an independent contractor or an employee, and they conduct activities needing a license under the broker's guidance.

This section defines who a 'seller' is in real estate transactions. It's anyone who is transferring property. This includes someone who lists their property with a real estate agent, whether or not the property actually sells, as well as someone who gets an offer through an agent. It also encompasses both those selling property outright and those leasing it out.

A "listing agent" is a real estate professional who works with a seller under a specific agreement to help sell their property. This includes acting as the seller's representative.

This regulation defines a 'seller's agent' as a real estate professional who acts on behalf of a property seller. They help with tasks that need a real estate license. Not all seller's agents are necessarily responsible for listing the property for sale.

This section defines a 'buyer' in terms of real estate. A buyer is someone looking to acquire real property, even if they just made an offer or sought help from a real estate agent. It covers people intending to buy, rent, or lease property, not just those who complete a transaction.

This law section defines a "buyer's agent" as someone who holds a real estate license and offers their services to assist a buyer in a real estate transaction.

This law defines "real property" very broadly, including not only traditional single-family homes and apartment buildings with multiple units but also commercial properties, empty lands, and specific kinds of leased lands and mobile or manufactured homes.

This law section defines what counts as 'single-family residential property.' It includes property with up to four homes, units in specific housing arrangements like condos or co-ops, and mobile or manufactured homes if sold through a real estate broker.

In California, 'commercial real property' refers to all real estate that isn't a single-family home, a rental under landlord-tenant law, a mobilehome, vacant land, or an RV.

This law defines the terms “sell,” “sale,” or “sold” as transactions where real property is transferred from one person to another. It covers not only straightforward property sales but also includes property exchanges, real property sales contracts, and long-term leases over one year.

A dual agent is a real estate agent who represents both the buyer and the seller in the same property deal, either by themselves or through one of their salespeople or broker associates.

The term "appraiser" refers to someone who has obtained the necessary license or certification beginning from Section 11300 and in accordance with the requirements outlined in Part 3.

A 'listing agreement' is a written contract where a real estate broker is hired by a property or business owner to sell the property or find a buyer. This contract can include different types of agreements like an 'exclusive right to sell,' 'seller reserved,' or 'open listing' agreement, and may involve other services that require a real estate license.

An 'exclusive right to sell listing agreement' is a contract where a property owner gives a real estate agent the sole right to sell their property for a set time. If the property sells during this time, the agent earns a commission no matter who made the sale happen. Also, if the agent brings a qualified buyer with an offer that matches the agreement, they get paid even if the seller finds the buyer independently. Sometimes, the agent can still earn a commission if the property sells shortly after the agreement ends.

This law defines a 'seller reserved listing agreement' as a special type of property listing deal. In it, the homeowner allows an agent an exclusive window of time to sell the property. If the property sells during this time, the agent gets paid, no matter who arranged the sale. The agent also gets paid if they bring an acceptable offer from a buyer. However, if the owner sells it on their own, the agent doesn't earn a commission. The agreement can also include a clause for the agent to receive payment if the property sells soon after the agreement ends, unless it was sold directly by the owner.

An 'open listing agreement' is a contract where the seller's agent does not have exclusive rights to sell the property. The agent earns a commission only if they bring a buyer who is ready, willing, and able to meet the terms of the agreement, and the owner accepts this offer before selling the property in any other way or before the agreement ends or is canceled.

This section defines a 'mineral, oil, and gas licensee' as someone who holds a license according to Chapter 7, starting with Section 10500.

This law defines a 'mineral, oil, and gas broker' as someone who is officially licensed as a broker under a specific chapter of the state's legal code.

This law explains what an "advance fee" means in real estate. It's basically any payment collected by a licensed agent for services promised but not yet completed. The law also clarifies what's not considered an advance fee: security deposits, tenant screening fees, advertising fees not controlled by the broker, and specific service fees under certain contracts. Importantly, a contract that pays a broker a commission after full performance doesn't count as an advance fee. Lastly, this section regulates fees that aren't covered by other specified laws.

This section defines what a 'listing' means in real estate and business opportunities. It includes the names or locations of property owners and potential buyers, sellers, or tenants. A 'listing' can also mean agreements where professionals promote property sales or leases, or help real estate professionals find properties available for sale or lease.

This section clarifies that when the terms 'trust deed' or 'deed of trust' are used, they include what is commonly known as a 'mortgage.'

This law defines a 'real property sales contract' as an agreement where one person agrees to officially transfer ownership of a piece of real estate to another person. However, this transfer of ownership doesn't have to happen until more than a year after the contract is made, once certain conditions in the contract are met.

This law explains that when it mentions a 'business opportunity,' it means either selling or leasing a business along with its brand reputation or customer loyalty.

This law states that the duties and responsibilities of real estate salespeople and brokers to the public apply regardless of whether they call their working relationship an 'independent contractor' or 'employer and employee' situation. However, when it comes to their own legal relationship and responsibilities to each other, they can choose either of these characterizations. Tax and unemployment aspects of their relationship are determined by different laws, and workers' compensation matters are decided by yet another set of laws.

This law says that if someone breaks a rule in this section, they might also be breaking other criminal laws. Just because a violation fits under this specific part doesn't mean other criminal laws aren't also in play. You can face charges under several laws for the same act.