Legislative News from the California Bureau of Real Estate

The 2013/2014 legislative season ended September 30, 2014, with the Governor signing 931 bills into law in 2014.  Summarized below are recently signed bills that affect California Bureau of Real Estate (CalBRE) licensees and subdividers. All statutes are effective January 1, 2015, unless otherwise indicated.

Assembly Bill 2018 (Bocanegra) – This bill amended Section 10159.5 and added Sections 10159.6 and 10159.7 to the Business and Professions Code. It allows a real estate broker to delegate to a licensed salesperson, under specified conditions, the process of filing a fictitious business name. Moreover, this bill allows a real estate salesperson to contract with a broker allowing the real estate salesperson to retain ownership of a fictitious business even though the real estate broker may file the fictitious name with the county. This bill also allows a salesperson to use a “team name” without filing for a fictitious business name if certain conditions are met.

Assembly Bill 2540 (Dababneh) – This bill amended Sections 10150, 10151 and 10162, and added 10165.1 to the California Business and Professions Code. This bill requires real estate licensees to provide the Bureau of Real Estate with an up-to-date mailing address, telephone number, and email address used for licensed activity. The bill also requires applicants for licensure to disclose valid contact information in the application.

Senate Bill 1171 (Hueso) – This bill amended Section 2079.13 of the Civil Code as it pertains to real estate licensees. The bill extends to commercial transactions the duty of a real estate broker to disclose, in writing, that the broker is acting as a dual agent. Prior to this bill, disclosure of dual agency in commercial transactions involving real property did not have to be in writing.

Assembly Bill 1159 (Chau) – This bill amended Section 30 of the Business and Professions Code as it pertains to the Bureau of Real Estate. The bill eliminates the requirement that a license applicant show proof of legal presence before obtaining a real estate license. Real estate license applicants will still need to provide a social security number/individual tax identification number in order to obtain a real estate license. The provisions of this bill will be implemented on or before January 1, 2016.

New Regulations of the Real Estate Commissioner – CalBRE has adopted regulations (2907.1 – 2907.4) to implement, interpret, and clarify Business and Professions Code Section 10080.9, which established the Citation and Fine level of discipline for both licensees and unlicensed persons. The final regulation language can be found at here. The new regulations became effective July 1, 2014.

NEW PUBLICATION — 2015 Real Estate Law Book – Each year, the Bureau’s Real Estate Law book is updated to reflect changes in laws and regulations, including those set forth above.

This important reference for licensees contains:

• The Real Estate Law (from the Business and Professions Code);
• The Real Estate Commissioner’s Regulations (from the California Code of Regulations);
• The Administrative Procedure Act (from the Government Code); and
• Pertinent excerpts from various California Codes.

The 2015 Real Estate Law book will be available online free of charge on January 1, 2015. The print version, which includes a CD copy, is expected to be available for purchase from the Bureau in mid to late January 2015. The cost for the book is $25 (plus tax) and can be ordered by completing the RE 350 – Publications Request form.

For more information about CalBRE, visit http://www.bre.ca.gov.