BRE: There Are Changes Coming

Three New Amendment Proposals Have Just Been Distributed By BRE

The Notices have been sent to interested parties of which I guess I “are” one. No Public Hearings are scheduled at this time. However, there is a written comment period so you can send in your opinions. The comments must be submitted by 17:00 hours on Monday, April 2, 2018.

#1- First Point of Contact Solicitations: Update to Comport with Statutory Amendment:

Translation: Section 10140.6 of the B & P Code was amended effective January 1, 2018. This notice is announcing that Commissioner Regulation 2773 will be changed to comport (conform) to the new B & P Code changes. What are the changes?

When there is a point of first contact with a client and any solicitation materials are offered, a license number must be included on the information. There was a list of Business Cards, Stationery, Websites, flyers, brochures, etc. Now there are three new additions to the definition of Point of First Contact. So beware, the license you save may be your own.

The New Additions Are:

a) Advertisements in electronic media (including, without limitation, internet, email, radio, cinema, and television advertisements, and the opening section of streaming video and audio).

b) Print advertising in any newspaper or periodical.

c) “For Sale,”, “For Rent,” “For Lease”, “Open House,”, and directional signs that display the name of the license.

#2- Broker Associates: Reporting of Contractual Relationships Between Real Estate Brokers:

This is similar to number one. Section 10080 of the B & P Code was amended effective January 1, 2018 requiring Broker Associates to have a written agreement with their responsible Broker and file with the Commissioner the address of the business location where he or she expects to conduct most of their licensed activities. The Commissioner Regulations affected are 2715, 2728.5 and 2752. Also, the corrections include capitalizing commissioner to Commissioner with which I hardily agree and in cases where the law previously stated he, the wording has been changed to he or she with which I also hardily agree since there are more she’s in Real Estate than he’s.

#3- Petition Process For Website Discipline Information Removal:

This Notice adopts a new Commissioner’s Regulation 2915 to comport with B & P Section 10083.2. This outlines the process involved for someone to get their name removed from the Discipline Information on their License Page on the BRE website.

The sanction must be aged at least ten years. There is a 13 page form that must be completed, and that are a lot of pages and a lot of information that must be furnished to the State. Also, there is a fee of $1,275.00 that surprise, is not refundable.

This is an interesting change. The theory is that if someone has been responsible and incurred no sanctions for 10 years, the Bureau should consider removing the Case Number and other information from their file. People have complained that prospects check the BRE website and decide not to work with them. It can be a real income inhibitor.

Any Comments, Send Them To BRE At Bureau Of Real Estate

Attn: Daniel E. Kehew, Sacramento Legal Office, PO Box 137007, Sacramento, CA 95813-7007 or to [email protected]  or if you still have a Fax Machine to 916-263-8767. Also, listed in the notice is a phone number for Mr. Kehew at 916-263-8681 or his backup Stephen Lerner at 916-263-8704. I have found Mr. Kehew at all times to be responsible and helpful.

The State is asking for your comments so send them or “Forever Hold Your Peace”.

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