Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The
following definitions shall apply for the purposes of this section:
(1) "Customer" means the person located within the
State of California on whose behalf a service is provided or offered or to whom an
advertisement is directed.
(2)
"Services" means any activity for which a real estate license in required and which
is offered or provided to a customer located within this state.
(b) Persons who advertise or disseminate
information about services over the Internet, the World Wide Web, or similar
electronic common carrier systems, will not be deemed to be engaged in the business,
act in the capacity of, advertise or assume to act as a real estate broker within
this state if any of the following apply:
(1) The
advertisement or information involves a service but (A) is not directed to any
particular person or customer located within the State of California, (B) is limited
to general information about the services offered to customers or the public in
general, and (C) includes the legend "The services referred to herein are not
available to persons located within the State of California.".
(2) The advertisement or information does not
involve a service provided in connection with activity for which a real estate
license is required.
(3) The
advertisement or information is not being published, circulated or transmitted on
behalf of another or others.
(4)
(A) The person is engaged exclusively in
advertising and performs no other acts requiring a real estate license;
and
(B) The person conducting the
advertising does not compile or represent that he or she will compile information
about specific parties in a real estate transaction. General information such as
demographic or marketing information may be compiled; and
(C) The fee charged for the advertising is
consistent with fees charged for similar advertising services; and
(D) The advertisements provide for direct contact
between prospective parties to a real estate transaction or contact through a
licensed California real estate broker.
(c) A person who advertises or disseminates
information with respect to providing a service is not required to have a real
estate broker license if any of the following conditions apply:
(1) The person publishing, circulating or
transmitting the advertisement or disseminating the information is acting within the
exemptions from the definition of real estate broker contained in Sections 10133 or
10133.1. of the Code.
(2) The services
provided do not include any of the acts within the meaning of Sections 10131,
10131.1, 10131.2, 10131.3, 10131.4, 10131.45 and 10131.6 of the Code.
(3)
(A) Prior to
any direct electronic communication or any response or contact with a specific
customer there is in place, barriers or other implemented policies and procedures,
designed to ensure that prior to the response or contact, the person making it is
appropriately licensed under the Real Estate Law or qualifies for an exemption from
real estate broker licensure; and,
(B)
There is a legend in all advertising and information disseminated about services
offered indicating whether the person making the advertising or disseminating the
information is a licensed California real estate broker. If the person is not a
licensed California real estate broker, an additional legend shall be included which
provides as follows: "The services are not available to persons located within the
State of California."
1. Repealer of
section and new NOTE filed 11-13-96; operative 11-13-96 pursuant to Government Code
section
11343.4(d)
(Register 96, No. 46).
2. New section filed 7-31-98; operative 8-30-98
(Register 98, No. 31).
3. New subsections (b)(4)-(b)(4)(D) filed
2-28-2006; operative 3-30-2006 (Register 2006, No.
9).
Note: Authority cited: Section
10080,
Business and Professions Code. Reference: Sections
10131,
10131.1,
10131.2,
10131.3,
10131.4,
10131.45
and
10131.6,
Business and Professions Code.
