1. (a) Whenever a real estate salesperson or real estate broker is retained by a responsible broker, the responsible broker shall notify the Commissioner of that fact within five days. This notification shall be given on a form prepared by the Department and shall be signed by the responsible broker and the salesperson or broker retained to act as a salesperson. The form of notification shall provide for the furnishing of at least the following information:

   1. (1) Name and business address of the responsible broker.
   2. (2) Mailing address of the salesperson or broker acting as a salesperson, if different from the responsible broker's business address.
   3. (3) Date when the salesperson or broker acting as a salesperson entered a written retention agreement with the responsible broker.
   4. (4) Certification by the salesperson that he or she has complied with the provisions of Section 10161.8(d) of the Business and Professions Code.
   5. (5) When a salesperson is entering a retention agreement, the name and business address of the real estate broker to whom the salesperson was last licensed and the date of termination of that relationship.

   6. (6) When a salesperson is entering a retention agreement, certification by the salesperson that the predecessor responsible broker has notice of the termination of the prior relationship.

      As an acceptable alternative to (5) and (6) above, the form may be utilized by the predecessor responsible broker to give notice of the termination of the broker/salesperson contract relationship as required by Section 10161.8(b) of the Business and Professions Code if this notice is mailed to the Commissioner not more than ten days following such termination.

2. (b) A responsible broker that is involved in a contract to retain another broker to act in the capacity of a salesperson must give notice of the termination of that broker/broker contract relationship as required by Section 10161.8(b) of the Business and Professions Code by mailing such notice to the Commissioner not more than ten days following such termination.

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Section 10161.8, Business and Professions Code.

History

1. Repealer and new section filed 12-7-73; effective thirtieth day thereafter (Register 73, No. 49). For prior history, see Register 71, No. 1.

2. Amendment of section and repealer and new Note filed 11-27-96; operative 12-27-96 (Register 96, No. 48).

3. Change without regulatory effect amending first paragraph filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).

4. Amendment of section heading and section filed 5-31-2018; operative 5-31-2018 pursuant to Government Code section 11343.4(b) (Register 2018, No. 22).

5. Amendment filed 1-21-2022; operative 4-1-2022 (Register 2022, No. 3).