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Business and Professions Code - BPC - BPC § 10231
Business and Professions Code - BPC - BPC § 10231
Except as authorized by permit issued pursuant to the applicable provisions of the Corporate Securities Law of 1968 (Section 25000 et seq. of the Corporations Code), no person in doing any of the acts set forth in subdivision (d) of Section 10131, subdivision (e) of Section 10131
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Business and Professions Code - BPC - BPC § 10231.1
Business and Professions Code - BPC - BPC § 10231.1
No person in doing any of the acts set forth in subdivision (d) of Section 10131, subdivision (e) of Section 10131, and Section 10131.1 shall, as agent or principal, retain funds payable according to the terms of a promissory note or real property sales contract secured directly
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Business and Professions Code - BPC - BPC § 10231.2
Business and Professions Code - BPC - BPC § 10231.2
(a) A real estate broker who, through express or implied representations that the broker or any salesperson acting on the broker’s behalf is engaging in acts for which a real estate license is required by subdivision (d) or (e) of Section 10131, proposes to solicit and accept fun
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Business and Professions Code - BPC - BPC § 10232
Business and Professions Code - BPC - BPC § 10232
(a) Except as otherwise expressly provided, Sections 10232.2, 10232.25, 10233, and 10236.6 are applicable to every real estate broker who intends or reasonably expects in a successive 12 months to do any of the following: (1) Negotiate a combination of 10 or more of the following
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Business and Professions Code - BPC - BPC § 10232.1
Business and Professions Code - BPC - BPC § 10232.1
(a) A real estate broker, prior to the use of any proposed advertisement in connection with the conduct of activities described in subdivisions (d) and (e) of Section 10131 and Section 10131.1, may submit a true copy thereof to the Department of Real Estate for approval. The subm
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Business and Professions Code - BPC - BPC § 10232.2
Business and Professions Code - BPC - BPC § 10232.2
A real estate broker who meets the criteria of subdivision (a) of Section 10232 shall annually file the reports referred to in subdivisions (a) and (c) with the Department of Real Estate within 90 days after the end of the broker’s fiscal year or within any additional time as the
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Business and Professions Code - BPC - BPC § 10232.25
Business and Professions Code - BPC - BPC § 10232.25
(a) A real estate broker who meets the criteria of subdivision (a) of Section 10232 shall, within 30 days after the end of each of the first three fiscal quarters of the broker’s fiscal year, or within any additional time as the Real Estate Commissioner may allow for good cause,
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Business and Professions Code - BPC - BPC § 10232.3
Business and Professions Code - BPC - BPC § 10232.3
(a) Any transaction that involves the sale of or offer to sell a note secured directly by an interest in one or more parcels of real property or the sale of an undivided interest in a note secured directly by one or more parcels of real property shall adhere to all of the followi
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Business and Professions Code - BPC - BPC § 10232.4
Business and Professions Code - BPC - BPC § 10232.4
(a) In making a solicitation to a particular person and in negotiating with that person to make a loan secured by real property or to purchase a real property sales contract or a note secured by a deed of trust, a real estate broker shall deliver to the person solicited the appli
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Business and Professions Code - BPC - BPC § 10232.45
Business and Professions Code - BPC - BPC § 10232.45
(a) Any broker subject to the provisions of Section 10232.3 or Article 6 (commencing with Section 10237) shall make reasonable efforts to ensure all of the following with respect to the offer or sale of notes or interest in notes to be secured by a lien on real property or a busi
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Business and Professions Code - BPC - BPC § 10232.5
Business and Professions Code - BPC - BPC § 10232.5
(a) If the real estate broker is performing acts described in subdivision (d) of Section 10131 in negotiating a loan to be secured by a lien on real property or on a business opportunity, the statement required to be given to the prospective lender shall include, but shall not ne
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Business and Professions Code - BPC - BPC § 10232.6
Business and Professions Code - BPC - BPC § 10232.6
(a) A real estate broker, acting within the course and scope of his or her license, who arranges for or engages the services of an appraiser licensed or certified by the Office of Real Estate Appraisers for the applicable transaction, and delivers the resulting appraisal to the p
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Business and Professions Code - BPC - BPC § 10233
Business and Professions Code - BPC - BPC § 10233
A real estate licensee who undertakes to service a promissory note secured directly or collaterally by a lien on real property or a real property sales contract shall comply with each of the following requirements: (a) The licensee shall have a written authorization from the borr
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Business and Professions Code - BPC - BPC § 10233.1
Business and Professions Code - BPC - BPC § 10233.1
If a real estate broker in servicing a real property sales contract or a promissory note secured directly or collaterally by a lien on real property for the mortgagee, beneficiary, or owner of the note or contract, causes funds other than funds received from the obligor of the no
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Business and Professions Code - BPC - BPC § 10233.2
Business and Professions Code - BPC - BPC § 10233.2
For the purposes of Division 3 (commencing with Section 3101) and Division 9 (commencing with Section 9101) of the Commercial Code, when a broker, acting within the meaning of subdivision (d) or (e) of Section 10131 or Section 10131.1, has arranged a loan or sold a promissory not
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Business and Professions Code - BPC - BPC § 10234
Business and Professions Code - BPC - BPC § 10234
(a) Except as provided in subdivision (d), every real estate licensee who negotiates a loan secured by a trust deed on real property shall cause the trust deed to be recorded, naming as beneficiary the lender or his or her nominee (who shall not be the licensee or the licensee’s
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Business and Professions Code - BPC - BPC § 10234.5
Business and Professions Code - BPC - BPC § 10234.5
In addition to the requirements of Section 10234, in the placing of any loan, a broker shall deliver or cause to be delivered conformed copies of any deed of trust to both the investor or lender and the borrower within a reasonable amount of time from the date of recording.
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Business and Professions Code - BPC - BPC § 10235
Business and Professions Code - BPC - BPC § 10235
No real estate licensee shall knowingly advertise, print, display, publish, distribute, telecast or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, televised or broadcast, in any manner any statement or representation with regard to the
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Business and Professions Code - BPC - BPC § 10235.5
Business and Professions Code - BPC - BPC § 10235.5
(a) A real estate licensee or mortgage loan originator shall not place an advertisement disseminated primarily in this state for a loan unless there is disclosed within the printed text of that advertisement, or the oral text in the case of a radio or television advertisement, th
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Business and Professions Code - BPC - BPC § 10236
Business and Professions Code - BPC - BPC § 10236
The commissioner in his or her discretion may honor requests from interested persons for interpretive opinions with respect to any provision of this article or with respect to any regulation for implementation of provisions of this article. No provision of this article imposing a
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Business and Professions Code - BPC - BPC § 10236.1
Business and Professions Code - BPC - BPC § 10236.1
No real estate licensee shall advertise to give or to offer to give to a prospective purchaser or lender any premium, gift or any other object of value as an inducement for making a loan, or purchasing a promissory note secured directly or collaterally by a lien on real property
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Business and Professions Code - BPC - BPC § 10236.2
Business and Professions Code - BPC - BPC § 10236.2
(a) A real estate broker who satisfies the criteria of subdivision (a) or (b) of Section 10232 and who fails to notify the Department of Real Estate, in writing, of that fact within 30 days thereafter as required by subdivision (e) of Section 10232 shall be assessed a penalty of
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Business and Professions Code - BPC - BPC § 10236.4
Business and Professions Code - BPC - BPC § 10236.4
(a) In compliance with Section 10235.5, every licensed real estate broker shall also display their license number on all advertisements where there is a solicitation for borrowers or potential investors. Every mortgage loan originator, as defined in Section 10166.01, shall also d
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Business and Professions Code - BPC - BPC § 10236.5
Business and Professions Code - BPC - BPC § 10236.5
A real estate broker shall notify the department when he or she is no longer servicing or arranging loans subject to the reporting requirements of Section 10232. If a broker has already made reports required by this article within the year, he or she shall continue reports for th
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Business and Professions Code - BPC - BPC § 10236.6
Business and Professions Code - BPC - BPC § 10236.6
(a) The commissioner, in his or her discretion, may audit any broker who conducts transactions subject to the provisions of this article. The audit shall be conducted after reasonable notice to the broker and shall include an examination of both of the following: (1) Trust accoun