| 1 | | - | Assembly Bill No. 1345 CHAPTER 577An act to add Section 1670.12 to the Civil Code, and to add Section 27280.6 to the Government Code, relating to contracts. [ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ] LEGISLATIVE COUNSEL'S DIGESTAB 1345, Hart. Residential Exclusive Listing Agreements 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.Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. A willful violation of this law and other related real estate provisions is a crime.This bill would enact the Residential Exclusive Listing Agreements Act. The bill would make it unlawful for an exclusive listing agreement, as defined, regarding single-family residential property, as defined, to last longer than 24 months from the date the agreement was made. The bill would also make it unlawful for a renewal of an exclusive listing agreement, as described, to last longer than 12 months from the date the renewal was made. The bill 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 bill 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 bill 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 bill would provide that an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of the above-described provisions is void and unenforceable. The bill would provide that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The bill would authorize a homeowner who entered into any such agreement to retain any consideration received. The bill would provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law. Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program.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 bill 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 bill 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 bill would also provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law.Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, 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. Section 1670.12 is added to the Civil Code, immediately following Section 1670.11, to read:1670.12. (a) For purposes of this section, the following definitions apply:(1) Exclusive listing agreement means any contract or agreement providing an exclusive right to list or sell residential real property, including:(A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(B) A contract or agreement to enter into any such agreement or arrangement.(2) Single-family residential property means one of the following:(A) Real property improved with one to four dwelling units.(B) A unit in a residential stock cooperative, condominium, or planned unit development.(C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code.(D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property.(b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership.(2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made.(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.(3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law.SEC. 3. 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 any contract or agreement providing an exclusive right to list or sell residential real property, including:(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(2) A contract or agreement to enter into any such agreement or arrangement.(c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law.SEC. 4. 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. |
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| 1 | + | Enrolled September 14, 2023 Passed IN Senate September 11, 2023 Passed IN Assembly September 12, 2023 Amended IN Senate September 01, 2023 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 Wilson(Coauthor: Assembly Member McCarty)February 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, Hart. Residential Exclusive Listing Agreements 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.Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. A willful violation of this law and other related real estate provisions is a crime.This bill would enact the Residential Exclusive Listing Agreements Act. The bill would make it unlawful for an exclusive listing agreement, as defined, regarding single-family residential property, as defined, to last longer than 24 months from the date the agreement was made. The bill would also make it unlawful for a renewal of an exclusive listing agreement, as described, to last longer than 12 months from the date the renewal was made. The bill 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 bill 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 bill 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 bill would provide that an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of the above-described provisions is void and unenforceable. The bill would provide that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The bill would authorize a homeowner who entered into any such agreement to retain any consideration received. The bill would provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law. Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program.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 bill 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 bill 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 bill would also provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law.Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, 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. Section 1670.12 is added to the Civil Code, immediately following Section 1670.11, to read:1670.12. (a) For purposes of this section, the following definitions apply:(1) Exclusive listing agreement means any contract or agreement providing an exclusive right to list or sell residential real property, including:(A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(B) A contract or agreement to enter into any such agreement or arrangement.(2) Single-family residential property means one of the following:(A) Real property improved with one to four dwelling units.(B) A unit in a residential stock cooperative, condominium, or planned unit development.(C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code.(D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property.(b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership.(2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made.(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.(3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law.SEC. 3. 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 any contract or agreement providing an exclusive right to list or sell residential real property, including:(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(2) A contract or agreement to enter into any such agreement or arrangement.(c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law.SEC. 4. 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. |
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| 3 | | - | Assembly Bill No. 1345 CHAPTER 577An act to add Section 1670.12 to the Civil Code, and to add Section 27280.6 to the Government Code, relating to contracts. [ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ] LEGISLATIVE COUNSEL'S DIGESTAB 1345, Hart. Residential Exclusive Listing Agreements 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.Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. A willful violation of this law and other related real estate provisions is a crime.This bill would enact the Residential Exclusive Listing Agreements Act. The bill would make it unlawful for an exclusive listing agreement, as defined, regarding single-family residential property, as defined, to last longer than 24 months from the date the agreement was made. The bill would also make it unlawful for a renewal of an exclusive listing agreement, as described, to last longer than 12 months from the date the renewal was made. The bill 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 bill 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 bill 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 bill would provide that an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of the above-described provisions is void and unenforceable. The bill would provide that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The bill would authorize a homeowner who entered into any such agreement to retain any consideration received. The bill would provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law. Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program.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 bill 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 bill 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 bill would also provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law.Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, 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 |
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| 3 | + | Enrolled September 14, 2023 Passed IN Senate September 11, 2023 Passed IN Assembly September 12, 2023 Amended IN Senate September 01, 2023 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 Wilson(Coauthor: Assembly Member McCarty)February 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, Hart. Residential Exclusive Listing Agreements 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.Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. A willful violation of this law and other related real estate provisions is a crime.This bill would enact the Residential Exclusive Listing Agreements Act. The bill would make it unlawful for an exclusive listing agreement, as defined, regarding single-family residential property, as defined, to last longer than 24 months from the date the agreement was made. The bill would also make it unlawful for a renewal of an exclusive listing agreement, as described, to last longer than 12 months from the date the renewal was made. The bill 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 bill 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 bill 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 bill would provide that an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of the above-described provisions is void and unenforceable. The bill would provide that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The bill would authorize a homeowner who entered into any such agreement to retain any consideration received. The bill would provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law. Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program.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 bill 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 bill 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 bill would also provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law.Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, 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 |
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| 14 | 26 | | |
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| 15 | 27 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 28 | | |
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| 17 | 29 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 30 | | |
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| 19 | 31 | | AB 1345, Hart. Residential Exclusive Listing Agreements Act. |
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| 20 | 32 | | |
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| 21 | 33 | | 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.Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. A willful violation of this law and other related real estate provisions is a crime.This bill would enact the Residential Exclusive Listing Agreements Act. The bill would make it unlawful for an exclusive listing agreement, as defined, regarding single-family residential property, as defined, to last longer than 24 months from the date the agreement was made. The bill would also make it unlawful for a renewal of an exclusive listing agreement, as described, to last longer than 12 months from the date the renewal was made. The bill 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 bill 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 bill 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 bill would provide that an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of the above-described provisions is void and unenforceable. The bill would provide that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The bill would authorize a homeowner who entered into any such agreement to retain any consideration received. The bill would provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law. Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program.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 bill 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 bill 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 bill would also provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law.Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, 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. |
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| 22 | 34 | | |
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| 23 | 35 | | 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. |
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| 24 | 36 | | |
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| 25 | 37 | | 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. |
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| 26 | 38 | | |
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| 27 | 39 | | Existing law, the Real Estate Law, provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Department of Real Estate within the Business, Consumer Services, and Housing Agency. A willful violation of this law and other related real estate provisions is a crime. |
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| 28 | 40 | | |
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| 29 | 41 | | This bill would enact the Residential Exclusive Listing Agreements Act. The bill would make it unlawful for an exclusive listing agreement, as defined, regarding single-family residential property, as defined, to last longer than 24 months from the date the agreement was made. The bill would also make it unlawful for a renewal of an exclusive listing agreement, as described, to last longer than 12 months from the date the renewal was made. The bill 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 bill 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 bill 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. |
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| 30 | 42 | | |
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| 31 | 43 | | This bill would provide that an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of the above-described provisions is void and unenforceable. The bill would provide that a violation of the above-described provisions constitutes a violation under the Consumers Legal Remedies Act, as described. The bill would authorize a homeowner who entered into any such agreement to retain any consideration received. The bill would provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law. Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program. |
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| 32 | 44 | | |
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| 33 | 45 | | 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. |
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| 34 | 46 | | |
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| 35 | 47 | | This bill 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 bill 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 bill would also provide that a violation of these provisions by a licensed person, as described, is also a violation of the persons licensing law. |
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| 36 | 48 | | |
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| 37 | 49 | | Because a violation of the bills provisions by certain licensees may be punished as a crime under their respective licensing laws, the bill would impose a state-mandated local program. |
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| 38 | 50 | | |
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| 39 | 51 | | 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. |
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| 40 | 52 | | |
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| 41 | 53 | | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. |
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| 42 | 54 | | |
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| 43 | 55 | | 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. |
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| 44 | 56 | | |
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| 45 | 57 | | ## Digest Key |
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| 46 | 58 | | |
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| 47 | 59 | | ## Bill Text |
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| 48 | 60 | | |
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| 49 | 61 | | 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. Section 1670.12 is added to the Civil Code, immediately following Section 1670.11, to read:1670.12. (a) For purposes of this section, the following definitions apply:(1) Exclusive listing agreement means any contract or agreement providing an exclusive right to list or sell residential real property, including:(A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(B) A contract or agreement to enter into any such agreement or arrangement.(2) Single-family residential property means one of the following:(A) Real property improved with one to four dwelling units.(B) A unit in a residential stock cooperative, condominium, or planned unit development.(C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code.(D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property.(b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership.(2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made.(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.(3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law.SEC. 3. 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 any contract or agreement providing an exclusive right to list or sell residential real property, including:(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(2) A contract or agreement to enter into any such agreement or arrangement.(c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law.SEC. 4. 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. |
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| 50 | 62 | | |
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| 51 | 63 | | The people of the State of California do enact as follows: |
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| 52 | 64 | | |
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| 53 | 65 | | ## The people of the State of California do enact as follows: |
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| 54 | 66 | | |
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| 55 | 67 | | SECTION 1. This act shall be known, and may be cited, as the Residential Exclusive Listing Agreements Act. |
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| 56 | 68 | | |
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| 57 | 69 | | SECTION 1. This act shall be known, and may be cited, as the Residential Exclusive Listing Agreements Act. |
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| 58 | 70 | | |
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| 59 | 71 | | SECTION 1. This act shall be known, and may be cited, as the Residential Exclusive Listing Agreements Act. |
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| 60 | 72 | | |
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| 61 | 73 | | ### SECTION 1. |
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| 62 | 74 | | |
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| 63 | 75 | | SEC. 2. Section 1670.12 is added to the Civil Code, immediately following Section 1670.11, to read:1670.12. (a) For purposes of this section, the following definitions apply:(1) Exclusive listing agreement means any contract or agreement providing an exclusive right to list or sell residential real property, including:(A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(B) A contract or agreement to enter into any such agreement or arrangement.(2) Single-family residential property means one of the following:(A) Real property improved with one to four dwelling units.(B) A unit in a residential stock cooperative, condominium, or planned unit development.(C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code.(D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property.(b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership.(2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made.(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.(3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 64 | 76 | | |
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| 65 | 77 | | SEC. 2. Section 1670.12 is added to the Civil Code, immediately following Section 1670.11, to read: |
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| 66 | 78 | | |
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| 67 | 79 | | ### SEC. 2. |
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| 68 | 80 | | |
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| 69 | 81 | | 1670.12. (a) For purposes of this section, the following definitions apply:(1) Exclusive listing agreement means any contract or agreement providing an exclusive right to list or sell residential real property, including:(A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(B) A contract or agreement to enter into any such agreement or arrangement.(2) Single-family residential property means one of the following:(A) Real property improved with one to four dwelling units.(B) A unit in a residential stock cooperative, condominium, or planned unit development.(C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code.(D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property.(b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership.(2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made.(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.(3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 70 | 82 | | |
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| 71 | 83 | | 1670.12. (a) For purposes of this section, the following definitions apply:(1) Exclusive listing agreement means any contract or agreement providing an exclusive right to list or sell residential real property, including:(A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(B) A contract or agreement to enter into any such agreement or arrangement.(2) Single-family residential property means one of the following:(A) Real property improved with one to four dwelling units.(B) A unit in a residential stock cooperative, condominium, or planned unit development.(C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code.(D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property.(b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership.(2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made.(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.(3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 72 | 84 | | |
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| 73 | 85 | | 1670.12. (a) For purposes of this section, the following definitions apply:(1) Exclusive listing agreement means any contract or agreement providing an exclusive right to list or sell residential real property, including:(A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(B) A contract or agreement to enter into any such agreement or arrangement.(2) Single-family residential property means one of the following:(A) Real property improved with one to four dwelling units.(B) A unit in a residential stock cooperative, condominium, or planned unit development.(C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code.(D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property.(b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership.(2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made.(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.(3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 74 | 86 | | |
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| 75 | 87 | | |
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| 76 | 88 | | |
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| 77 | 89 | | 1670.12. (a) For purposes of this section, the following definitions apply: |
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| 78 | 90 | | |
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| 79 | 91 | | (1) Exclusive listing agreement means any contract or agreement providing an exclusive right to list or sell residential real property, including: |
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| 80 | 92 | | |
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| 81 | 93 | | (A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code. |
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| 82 | 94 | | |
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| 83 | 95 | | (B) A contract or agreement to enter into any such agreement or arrangement. |
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| 84 | 96 | | |
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| 85 | 97 | | (2) Single-family residential property means one of the following: |
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| 86 | 98 | | |
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| 87 | 99 | | (A) Real property improved with one to four dwelling units. |
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| 88 | 100 | | |
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| 89 | 101 | | (B) A unit in a residential stock cooperative, condominium, or planned unit development. |
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| 90 | 102 | | |
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| 91 | 103 | | (C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to Section 10131.6 of the Business and Professions Code. |
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| 92 | 104 | | |
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| 93 | 105 | | (D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property. |
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| 94 | 106 | | |
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| 95 | 107 | | (b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership. |
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| 96 | 108 | | |
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| 97 | 109 | | (2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made. |
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| 98 | 110 | | |
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| 99 | 111 | | (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. |
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| 100 | 112 | | |
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| 101 | 113 | | (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. |
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| 102 | 114 | | |
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| 103 | 115 | | (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. |
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| 104 | 116 | | |
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| 105 | 117 | | (2) A violation of this section constitutes a violation under Section 1770. |
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| 106 | 118 | | |
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| 107 | 119 | | (3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 108 | 120 | | |
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| 109 | 121 | | SEC. 3. 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 any contract or agreement providing an exclusive right to list or sell residential real property, including:(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(2) A contract or agreement to enter into any such agreement or arrangement.(c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 110 | 122 | | |
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| 111 | 123 | | SEC. 3. Section 27280.6 is added to the Government Code, to read: |
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| 112 | 124 | | |
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| 113 | 125 | | ### SEC. 3. |
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| 114 | 126 | | |
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| 115 | 127 | | 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 any contract or agreement providing an exclusive right to list or sell residential real property, including:(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(2) A contract or agreement to enter into any such agreement or arrangement.(c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 116 | 128 | | |
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| 117 | 129 | | 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 any contract or agreement providing an exclusive right to list or sell residential real property, including:(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(2) A contract or agreement to enter into any such agreement or arrangement.(c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 118 | 130 | | |
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| 119 | 131 | | 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 any contract or agreement providing an exclusive right to list or sell residential real property, including:(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.(2) A contract or agreement to enter into any such agreement or arrangement.(c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 120 | 132 | | |
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| 121 | 133 | | |
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| 122 | 134 | | |
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| 123 | 135 | | 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. |
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| 124 | 136 | | |
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| 125 | 137 | | (b) For purposes of this section, exclusive listing agreement means any contract or agreement providing an exclusive right to list or sell residential real property, including: |
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| 126 | 138 | | |
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| 127 | 139 | | (1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code. |
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| 128 | 140 | | |
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| 129 | 141 | | (2) A contract or agreement to enter into any such agreement or arrangement. |
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| 130 | 142 | | |
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| 131 | 143 | | (c) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that persons licensing law. |
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| 132 | 144 | | |
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| 133 | 145 | | SEC. 4. 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. |
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| 134 | 146 | | |
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| 135 | 147 | | SEC. 4. 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. |
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| 136 | 148 | | |
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| 137 | 149 | | SEC. 4. 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. |
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| 138 | 150 | | |
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| 139 | 151 | | ### SEC. 4. |
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| 140 | 152 | | |
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| 141 | 153 | | 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. |
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