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Business and Professions Code - BPC - BPC § 10464
Business and Professions Code - BPC - BPC § 10464
Section 114 of this code does not apply to this part.
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Business and Professions Code - BPC - BPC § 10470
Business and Professions Code - BPC - BPC § 10470
If, on June 30 of any year, the balance remaining in the Consumer Recovery Account in the Real Estate Fund is less than two hundred thousand dollars ($200,000), every licensed broker, when obtaining or renewing any broker license within four years thereafter, shall pay, in additi
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Business and Professions Code - BPC - BPC § 10470.1
Business and Professions Code - BPC - BPC § 10470.1
(a) In addition to the amount paid into the Consumer Recovery Account as set forth in Section 10450.6, the Real Estate Commissioner may authorize the transfer from the Real Estate Fund to the Consumer Recovery Account of any amounts as are deemed necessary. (b) If the balance rem
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Business and Professions Code - BPC - BPC § 10471
Business and Professions Code - BPC - BPC § 10471
(a) When an aggrieved person obtains (1) a final judgment in a court of competent jurisdiction, including, but not limited to, a criminal restitution order issued pursuant to subdivision (f) of Section 1202.4 of the Penal Code or Section 3663 of Title 18 of the United States Code
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Business and Professions Code - BPC - BPC § 10471.1
Business and Professions Code - BPC - BPC § 10471.1
(a) The claimant shall serve a copy of the notice prescribed in subdivision (e) together with a copy of the application upon the judgment debtor by personal service, by certified mail, or by publication, as set forth in subdivision (b). (b) If the judgment debtor holds an unexpir
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Business and Professions Code - BPC - BPC § 10471.2
Business and Professions Code - BPC - BPC § 10471.2
(a) If the commissioner determines that the application as submitted by the claimant fails to comply substantially with the requirements of Section 10471 or with the requirements of a regulation adopted by the commissioner under authority of Section 10080, the commissioner shall,
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Business and Professions Code - BPC - BPC § 10471.3
Business and Professions Code - BPC - BPC § 10471.3
(a) The commissioner shall render a final written decision on the application within 90 days after a completed application has been received unless the claimant agrees in writing to extend the time within which the commissioner may render a decision. (b) The commissioner may deny
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Business and Professions Code - BPC - BPC § 10471.4
Business and Professions Code - BPC - BPC § 10471.4
(a) In its consideration and investigation of an application, the department shall have recourse to all appropriate means of investigation and discovery available to it under Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Governme
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Business and Professions Code - BPC - BPC § 10471.5
Business and Professions Code - BPC - BPC § 10471.5
(a) The commissioner shall give notice of a decision rendered with respect to the application to the claimant and to a judgment debtor who has filed a timely response to the application in accordance with Section 10471.1. (b) If the application is denied, the notice to the claima
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Business and Professions Code - BPC - BPC § 10471.6
Business and Professions Code - BPC - BPC § 10471.6
If, at any time prior to the rendering of a decision on an application, the commissioner makes a preliminary determination that the aggregate valid applications of all aggrieved persons against that licensee are likely to exceed the limits of liability in Section 10474, the commi
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Business and Professions Code - BPC - BPC § 10472
Business and Professions Code - BPC - BPC § 10472
(a) A claimant against whom the commissioner has rendered a decision denying an application pursuant to Section 10471 may, within six months after the mailing of the notice of the denial, file a verified application in superior court for an Order Directing Payment Out of the Cons
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Business and Professions Code - BPC - BPC § 10472.1
Business and Professions Code - BPC - BPC § 10472.1
(a) The commissioner and the judgment debtor shall each have 30 days after being served with the application in which to file a written response. The court shall thereafter set the matter for hearing upon the petition of the claimant. The court shall grant a request of the commis
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Business and Professions Code - BPC - BPC § 10473
Business and Professions Code - BPC - BPC § 10473
Whenever the court proceeds upon an application under Section 10472, it shall order payment out of the Consumer Recovery Account only upon a determination that the aggrieved party has a valid cause of action within the purview of Section 10471, and has complied with Section 10472
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Business and Professions Code - BPC - BPC § 10473.1
Business and Professions Code - BPC - BPC § 10473.1
The judgment debtor may defend an action against the Consumer Recovery Account on their own behalf and shall have recourse to all appropriate means of defense and review, including examination of witnesses. All matters, including, but not limited to, the issues of fraud, misrepre
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Business and Professions Code - BPC - BPC § 10474
Business and Professions Code - BPC - BPC § 10474
Notwithstanding any other provision of this chapter and regardless of the number of persons aggrieved or parcels of real estate involved in a transaction or the number of judgments against a licensee, the liability of the Consumer Recovery Account shall not exceed the following a
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Business and Professions Code - BPC - BPC § 10474.5
Business and Professions Code - BPC - BPC § 10474.5
If the amount of liability of the Consumer Recovery Account as provided for in Section 10474 is insufficient to pay in full the valid claims of all aggrieved persons by whom claims have been filed against any one licensee, the amount shall be distributed among them in the ratio t
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Business and Professions Code - BPC - BPC § 10475
Business and Professions Code - BPC - BPC § 10475
Should the commissioner pay from the Consumer Recovery Account any amount in settlement of a claim or toward satisfaction of a judgment against a licensed broker or salesperson or a person holding a prepaid rental listing service license, the license of the broker or salesperson
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Business and Professions Code - BPC - BPC § 10476
Business and Professions Code - BPC - BPC § 10476
If, at any time, the money deposited in the Consumer Recovery Account is insufficient to satisfy any duly authorized claim or portion thereof, the commissioner shall, when sufficient money has been deposited in the Consumer Recovery Account, satisfy the unpaid claims or portions
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Business and Professions Code - BPC - BPC § 10477
Business and Professions Code - BPC - BPC § 10477
Any sums received by the commissioner pursuant to any provisions of this chapter shall be deposited in the State Treasury and credited to the Consumer Recovery Account.
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Business and Professions Code - BPC - BPC § 10478
Business and Professions Code - BPC - BPC § 10478
It shall be unlawful for any person or the agent of any person to file with the commissioner any notice, statement, or other document required under the provisions of this chapter which is false or untrue or contains any willful, material misstatement of fact. Such conduct shall
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Business and Professions Code - BPC - BPC § 10479
Business and Professions Code - BPC - BPC § 10479
When, the commissioner has paid from the Consumer Recovery Account any sum to the judgment creditor, the commissioner shall be subrogated to all of the rights of the judgment creditor and the judgment creditor shall assign all of his or her right, title, and interest in the judgm
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Business and Professions Code - BPC - BPC § 10480
Business and Professions Code - BPC - BPC § 10480
The failure of an aggrieved person to comply with all of the provisions of this chapter shall constitute a waiver of any rights hereunder.
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Business and Professions Code - BPC - BPC § 10481
Business and Professions Code - BPC - BPC § 10481
Nothing in this chapter limits the authority of the commissioner to take disciplinary action against any licensee for a violation of the Real Estate Law, or of Chapter 1 (commencing with Section 11000) of Part 2, or of the rules and regulations of the commissioner; nor shall the
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Business and Professions Code - BPC - BPC § 105
Business and Professions Code - BPC - BPC § 105
Members of boards in the department shall take an oath of office as provided in the Constitution and the Government Code.
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Business and Professions Code - BPC - BPC § 105.5
Business and Professions Code - BPC - BPC § 105.5
Notwithstanding any other provision of this code, each member of a board, commission, examining committee, or other similarly constituted agency within the department shall hold office until the appointment and qualification of that member’s successor or until one year shall have