Licenses
Cal. BPC § 10159.5
California Statutes
(a)
(1) Every person applying for a license under this
chapter who desires to have the license issued under a fictitious business name shall file with the application a certified copy of their fictitious business name statement filed with the county clerk pursuant to
Chapter 5 (commencing with
Section 17900) of Part of Division 7.
(2) A responsible broker may, by contract, permit a salesperson to do all of the following: (
A) File an application on behalf of a responsible broker with a county clerk to obtain a fictitious business name. (
B) Deliver to the department an application, signed by the responsible broker, requesting the department’s approval to use a county approved fictitious business name that shall be identified with the responsible broker’s license number. (
C) Pay for any fees associated with filing an application with a county or the department to obtain or use a fictitious business name. (
D) Maintain ownership of a fictitious business name, as defined in paragraph (1) of subdivision (
a) of
Section 10159.7, that may be used subject to the control of the responsible broker. (b)
(1) A salesperson using a fictitious business name authorized by subdivision (a), shall use that name only as permitted by the responsible broker.
(2) This
section does not change a real estate broker’s duties under this division to supervise a salesperson. (
c) A person applying to a county for a fictitious business name pursuant to subdivision (
a) may file the application in the county or counties where the fictitious business name will be used. (
d) Advertising and solicitation materials, including business cards, print or electronic media and “for sale” signage, using a fictitious business name obtained in accordance with paragraph (2) of subdivision (
a) shall include the responsible broker’s identity, as defined in
Section 10015.4, in a manner equally as prominent as the fictitious business name. (
e) Notwithstanding subdivision (
b) of
Section 10140.6, advertising and solicitation materials, including print or electronic media and “for sale” signage, containing a fictitious business name obtained in accordance with paragraph (2) of subdivision (
a) shall include the name and license number of the salesperson who is using the fictitious business name. (
f) Notwithstanding
Section 10185, a violation of this
section is not a misdemeanor.