Amended IN Senate June 29, 2023 Amended IN Assembly April 12, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1345Introduced by Assembly Members Hart and WilsonFebruary 16, 2023An act to add Section 1670.12 to the Civil Code, and to add Section 27280.6 to the Government Code, relating to contracts. LEGISLATIVE COUNSEL'S DIGESTAB 1345, as amended, Hart. Contracts: Residential Exclusive Listing Agreements Act: prohibition. Act.Existing law imposes limitations on various contracts, including by prohibiting a contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumers ability to file a complaint with that board or to participate in the boards investigation into the licensee.Existing law, the Consumers Legal Remedies Act, makes unlawful specified unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer, including the passing off of goods or services as those of another. The act authorizes any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared as unlawful under the act to bring an action against that person to recover or obtain certain remedies.This bill would enact the Residential Exclusive Listing Agreements Act. The act would make it unlawful for an exclusive listing agreement, as defined, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made. The act would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of the agreement. The act would prohibit an exclusive listing agreement from renewing automatically and would require a renewal of an exclusive listing agreement to be in writing and be dated and signed by all parties to the agreement. The act would make it unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of these provisions.This act would provide that an exclusive listing agreement that is made or that is presented for recording or filing with a recorder in violation of the above-described provisions is void and unenforceable and provides that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The act would authorize a homeowner who entered into any such agreement to retain any consideration received.Existing law requires the county recorder to accept, upon payment of proper fees and taxes, for recordation certain instruments, papers, notices, or other documents. Existing law provides that a recorder is liable to an aggrieved party for the amount of damages if the recorder, among other things, neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it, unless the document is unrecordable. Under existing law, a person who receives a form from the recorder determining the document is unrecordable is guilty of a misdemeanor if the person attempts to subsequently record the unrecordable document without an order from the court requiring recordation of the document.This act would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement. The act would state that a violation of this prohibition constitutes a violation of the above-described provisions. By expanding the scope of a crime and imposing limitations on the county recorder, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Residential Exclusive Listing Agreements Act.SEC. 2. The Legislature finds and declares both of the following:(a) Long-term exclusive listing agreements and the recording of exclusive listing agreements unfairly encumber residential homeowners title, reduce their home equity, and have an anticompetitive effect on the sale of residential real estate.(b) To prevent these harms, it is the intent of the Legislature to do both of the following: (1) Prohibit exclusive listing agreements for the sale of residential real estate, including agreements to enter into any such agreement or arrangement, lasting longer than 12 months. (2) Prohibit the presentation for recording of exclusive listing agreements of any duration for the sale of residential real estate, including agreements to enter into any such agreement or arrangement.SEC. 3. Section 1670.12 is added to the Civil Code, immediately following Section 1670.11, to read:1670.12. (a) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.(b) (1) It is unlawful for an exclusive listing agreement agreement, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made.(2) An exclusive listing agreement shall not renew automatically, and a renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement.(c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement.(d) It is unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section.(e) (1) An exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder.(2) A violation of this section constitutes a violation under Section 1770.SEC. 4. Section 27280.6 is added to the Government Code, to read:27280.6. (a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such agreement. A violation of this subdivision shall also constitute a violation of Section 1670.12 of the Civil Code.(b) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Senate June 29, 2023 Amended IN Assembly April 12, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1345Introduced by Assembly Members Hart and WilsonFebruary 16, 2023An act to add Section 1670.12 to the Civil Code, and to add Section 27280.6 to the Government Code, relating to contracts. LEGISLATIVE COUNSEL'S DIGESTAB 1345, as amended, Hart. Contracts: Residential Exclusive Listing Agreements Act: prohibition. Act.Existing law imposes limitations on various contracts, including by prohibiting a contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumers ability to file a complaint with that board or to participate in the boards investigation into the licensee.Existing law, the Consumers Legal Remedies Act, makes unlawful specified unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer, including the passing off of goods or services as those of another. The act authorizes any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared as unlawful under the act to bring an action against that person to recover or obtain certain remedies.This bill would enact the Residential Exclusive Listing Agreements Act. The act would make it unlawful for an exclusive listing agreement, as defined, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made. The act would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of the agreement. The act would prohibit an exclusive listing agreement from renewing automatically and would require a renewal of an exclusive listing agreement to be in writing and be dated and signed by all parties to the agreement. The act would make it unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of these provisions.This act would provide that an exclusive listing agreement that is made or that is presented for recording or filing with a recorder in violation of the above-described provisions is void and unenforceable and provides that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The act would authorize a homeowner who entered into any such agreement to retain any consideration received.Existing law requires the county recorder to accept, upon payment of proper fees and taxes, for recordation certain instruments, papers, notices, or other documents. Existing law provides that a recorder is liable to an aggrieved party for the amount of damages if the recorder, among other things, neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it, unless the document is unrecordable. Under existing law, a person who receives a form from the recorder determining the document is unrecordable is guilty of a misdemeanor if the person attempts to subsequently record the unrecordable document without an order from the court requiring recordation of the document.This act would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement. The act would state that a violation of this prohibition constitutes a violation of the above-described provisions. By expanding the scope of a crime and imposing limitations on the county recorder, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate June 29, 2023 Amended IN Assembly April 12, 2023
Amended IN Senate June 29, 2023
Amended IN Assembly April 12, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1345
Introduced by Assembly Members Hart and WilsonFebruary 16, 2023
Introduced by Assembly Members Hart and Wilson
February 16, 2023
An act to add Section 1670.12 to the Civil Code, and to add Section 27280.6 to the Government Code, relating to contracts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1345, as amended, Hart. Contracts: Residential Exclusive Listing Agreements Act: prohibition. Act.
Existing law imposes limitations on various contracts, including by prohibiting a contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumers ability to file a complaint with that board or to participate in the boards investigation into the licensee.Existing law, the Consumers Legal Remedies Act, makes unlawful specified unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer, including the passing off of goods or services as those of another. The act authorizes any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared as unlawful under the act to bring an action against that person to recover or obtain certain remedies.This bill would enact the Residential Exclusive Listing Agreements Act. The act would make it unlawful for an exclusive listing agreement, as defined, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made. The act would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of the agreement. The act would prohibit an exclusive listing agreement from renewing automatically and would require a renewal of an exclusive listing agreement to be in writing and be dated and signed by all parties to the agreement. The act would make it unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of these provisions.This act would provide that an exclusive listing agreement that is made or that is presented for recording or filing with a recorder in violation of the above-described provisions is void and unenforceable and provides that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The act would authorize a homeowner who entered into any such agreement to retain any consideration received.Existing law requires the county recorder to accept, upon payment of proper fees and taxes, for recordation certain instruments, papers, notices, or other documents. Existing law provides that a recorder is liable to an aggrieved party for the amount of damages if the recorder, among other things, neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it, unless the document is unrecordable. Under existing law, a person who receives a form from the recorder determining the document is unrecordable is guilty of a misdemeanor if the person attempts to subsequently record the unrecordable document without an order from the court requiring recordation of the document.This act would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement. The act would state that a violation of this prohibition constitutes a violation of the above-described provisions. By expanding the scope of a crime and imposing limitations on the county recorder, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law imposes limitations on various contracts, including by prohibiting a contract or proposed contract for the provision of a consumer service by a licensee regulated by a licensing board from including a provision limiting the consumers ability to file a complaint with that board or to participate in the boards investigation into the licensee.
Existing law, the Consumers Legal Remedies Act, makes unlawful specified unfair methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or that results in the sale or lease of goods or services to any consumer, including the passing off of goods or services as those of another. The act authorizes any consumer who suffers any damage as a result of the use or employment by any person of a method, act, or practice declared as unlawful under the act to bring an action against that person to recover or obtain certain remedies.
This bill would enact the Residential Exclusive Listing Agreements Act. The act would make it unlawful for an exclusive listing agreement, as defined, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made. The act would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of the agreement. The act would prohibit an exclusive listing agreement from renewing automatically and would require a renewal of an exclusive listing agreement to be in writing and be dated and signed by all parties to the agreement. The act would make it unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of these provisions.
This act would provide that an exclusive listing agreement that is made or that is presented for recording or filing with a recorder in violation of the above-described provisions is void and unenforceable and provides that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The act would authorize a homeowner who entered into any such agreement to retain any consideration received.
Existing law requires the county recorder to accept, upon payment of proper fees and taxes, for recordation certain instruments, papers, notices, or other documents. Existing law provides that a recorder is liable to an aggrieved party for the amount of damages if the recorder, among other things, neglects or refuses to record the instrument, paper, or notice within a reasonable time after receiving it, unless the document is unrecordable. Under existing law, a person who receives a form from the recorder determining the document is unrecordable is guilty of a misdemeanor if the person attempts to subsequently record the unrecordable document without an order from the court requiring recordation of the document.
This act would make it unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement. The act would state that a violation of this prohibition constitutes a violation of the above-described provisions. By expanding the scope of a crime and imposing limitations on the county recorder, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the Residential Exclusive Listing Agreements Act.SEC. 2. The Legislature finds and declares both of the following:(a) Long-term exclusive listing agreements and the recording of exclusive listing agreements unfairly encumber residential homeowners title, reduce their home equity, and have an anticompetitive effect on the sale of residential real estate.(b) To prevent these harms, it is the intent of the Legislature to do both of the following: (1) Prohibit exclusive listing agreements for the sale of residential real estate, including agreements to enter into any such agreement or arrangement, lasting longer than 12 months. (2) Prohibit the presentation for recording of exclusive listing agreements of any duration for the sale of residential real estate, including agreements to enter into any such agreement or arrangement.SEC. 3. Section 1670.12 is added to the Civil Code, immediately following Section 1670.11, to read:1670.12. (a) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.(b) (1) It is unlawful for an exclusive listing agreement agreement, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made.(2) An exclusive listing agreement shall not renew automatically, and a renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement.(c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement.(d) It is unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section.(e) (1) An exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder.(2) A violation of this section constitutes a violation under Section 1770.SEC. 4. Section 27280.6 is added to the Government Code, to read:27280.6. (a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such agreement. A violation of this subdivision shall also constitute a violation of Section 1670.12 of the Civil Code.(b) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the Residential Exclusive Listing Agreements Act.
SECTION 1. This act shall be known, and may be cited, as the Residential Exclusive Listing Agreements Act.
SECTION 1. This act shall be known, and may be cited, as the Residential Exclusive Listing Agreements Act.
### SECTION 1.
SEC. 2. The Legislature finds and declares both of the following:(a) Long-term exclusive listing agreements and the recording of exclusive listing agreements unfairly encumber residential homeowners title, reduce their home equity, and have an anticompetitive effect on the sale of residential real estate.(b) To prevent these harms, it is the intent of the Legislature to do both of the following: (1) Prohibit exclusive listing agreements for the sale of residential real estate, including agreements to enter into any such agreement or arrangement, lasting longer than 12 months. (2) Prohibit the presentation for recording of exclusive listing agreements of any duration for the sale of residential real estate, including agreements to enter into any such agreement or arrangement.
SEC. 2. The Legislature finds and declares both of the following:(a) Long-term exclusive listing agreements and the recording of exclusive listing agreements unfairly encumber residential homeowners title, reduce their home equity, and have an anticompetitive effect on the sale of residential real estate.(b) To prevent these harms, it is the intent of the Legislature to do both of the following: (1) Prohibit exclusive listing agreements for the sale of residential real estate, including agreements to enter into any such agreement or arrangement, lasting longer than 12 months. (2) Prohibit the presentation for recording of exclusive listing agreements of any duration for the sale of residential real estate, including agreements to enter into any such agreement or arrangement.
SEC. 2. The Legislature finds and declares both of the following:
### SEC. 2.
(a) Long-term exclusive listing agreements and the recording of exclusive listing agreements unfairly encumber residential homeowners title, reduce their home equity, and have an anticompetitive effect on the sale of residential real estate.
(b) To prevent these harms, it is the intent of the Legislature to do both of the following:
(1) Prohibit exclusive listing agreements for the sale of residential real estate, including agreements to enter into any such agreement or arrangement, lasting longer than 12 months.
(2) Prohibit the presentation for recording of exclusive listing agreements of any duration for the sale of residential real estate, including agreements to enter into any such agreement or arrangement.
SEC. 3. Section 1670.12 is added to the Civil Code, immediately following Section 1670.11, to read:1670.12. (a) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.(b) (1) It is unlawful for an exclusive listing agreement agreement, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made.(2) An exclusive listing agreement shall not renew automatically, and a renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement.(c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement.(d) It is unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section.(e) (1) An exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder.(2) A violation of this section constitutes a violation under Section 1770.
SEC. 3. Section 1670.12 is added to the Civil Code, immediately following Section 1670.11, to read:
### SEC. 3.
1670.12. (a) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.(b) (1) It is unlawful for an exclusive listing agreement agreement, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made.(2) An exclusive listing agreement shall not renew automatically, and a renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement.(c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement.(d) It is unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section.(e) (1) An exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder.(2) A violation of this section constitutes a violation under Section 1770.
1670.12. (a) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.(b) (1) It is unlawful for an exclusive listing agreement agreement, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made.(2) An exclusive listing agreement shall not renew automatically, and a renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement.(c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement.(d) It is unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section.(e) (1) An exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder.(2) A violation of this section constitutes a violation under Section 1770.
1670.12. (a) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.(b) (1) It is unlawful for an exclusive listing agreement agreement, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made.(2) An exclusive listing agreement shall not renew automatically, and a renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement.(c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement.(d) It is unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section.(e) (1) An exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder.(2) A violation of this section constitutes a violation under Section 1770.
1670.12. (a) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.
(b) (1) It is unlawful for an exclusive listing agreement agreement, or a renewal of an exclusive listing agreement, to last longer than 12 months from the date the agreement or renewal was made.
(2) An exclusive listing agreement shall not renew automatically, and a renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement.
(c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement.
(d) It is unlawful to enforce, or attempt to enforce, an exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section.
(e) (1) An exclusive listing agreement that is made or that is presented for recording or filing with a county recorder in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder.
(2) A violation of this section constitutes a violation under Section 1770.
SEC. 4. Section 27280.6 is added to the Government Code, to read:27280.6. (a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such agreement. A violation of this subdivision shall also constitute a violation of Section 1670.12 of the Civil Code.(b) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.
SEC. 4. Section 27280.6 is added to the Government Code, to read:
### SEC. 4.
27280.6. (a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such agreement. A violation of this subdivision shall also constitute a violation of Section 1670.12 of the Civil Code.(b) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.
27280.6. (a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such agreement. A violation of this subdivision shall also constitute a violation of Section 1670.12 of the Civil Code.(b) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.
27280.6. (a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such agreement. A violation of this subdivision shall also constitute a violation of Section 1670.12 of the Civil Code.(b) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.
27280.6. (a) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such agreement. A violation of this subdivision shall also constitute a violation of Section 1670.12 of the Civil Code.
(b) For purposes of this section, exclusive listing agreement means a contract or agreement providing an exclusive right to list or sell residential real estate, including a contract or agreement to enter into any such agreement or arrangement.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 5.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.