Cal. Code Regs. tit. 10 § 2705

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 2705 - General Definitions and Short Form References

Unless otherwise expressly indicated or compelled by the context in which used, words, phrases and short form references appearing in this Chapter shall have meanings as ascribed herein.

(a) "Advertising." Any written or printed communication, or oral communication made in accordance with a text or outline that has been reduced to written form, which is published for the purpose of inducing persons to purchase or use a product or service.

(b) "Applicant." Any person applying to the Department of Real Estate for a license, permit, public report or other entitlement.

(c) "Department," "DRE," "Bureau" or "CalBRE." The Department of Real Estate of the State of California.

(d) "Code." The Business and Professions Code.

(e) "Commissioner." The Real Estate Commissioner of the State of California.

(f) "Examination." Any examination to qualify for any license issued under authority of the Real Estate Law.

(g) "License." Any license issued under authority of the Real Estate Law.

(h) "Permit." Any authorization or entitlement issued by the commissioner to engage in a transaction or course of conduct for which a permit is required under the Real Estate Law or Subdivided Lands Law.

(i) "Public Report." A report issued by the Commissioner under authority of Section 11018 of the Code.

(j) "Real Estate Law." Part 1 of Division 4 of the Code (Section 10000et seq.).

(k) "Subdivision Interests." Lots, parcels, units, undivided interest shares, time-share estates or time-share uses subject to regulation under the provisions of Chapter 1, Part 2, Division 4 of the Code.

(l) "Subdivision Law" or "Subdivided Lands Law." Chapter 1 of Part 2 of Division 4 of the Code (Section 11000et seq.).

(m) "Common Interests." Property owned or controlled by, and/or services furnished to, owners, lessees or persons having the exclusive right to the use of subdivision interests, by an association comprising the separate owners of said interests in those subdivisions enumerated in Section 11004.5 of the Code.

(n) "Responsible broker." The real estate broker responsible for the exercise of control and supervision of real estate salespersons under Section 10159.2, or a licensee subject to discipline under subdivision (h) of Section 10177 for failure to supervise activity requiring a real estate license. The supervision of a salesperson required under this part or any other law is limited to regulatory compliance and consumer protection.

(o) "Retain" or "retention." The relationship between a responsible broker and a licensee who is either an independent contractor affiliated with, or an employee of, a broker to perform activities that require a license and are performed under a broker's supervision. However, the word "retain" will also have its common meaning when used outside the context of the relationship between a broker and subsidiary licensee, as when referring to retention of records.

Cal. Code Regs. Tit. 10, § 2705

1. Amendment filed 12-10-71; effective thirtieth day thereafter (Register 71, No. 50). For prior history see Register 68, No. 39.
2. Repealer and new section filed 12-7-73; effective thirtieth day thereafter (Register 73, No. 49).
3. New subsection (m) filed 1-16-76; effective thirtieth day thereafter (Register 76, No. 3).
4. Amendment of subsection (k); effective thirtieth day thereafter (Register 80, No. 49).
5. Change without regulatory effect amending subsection (b), adding new subsection (c), repealing subsection (e) and relettering subsections filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).
6. Amendment of subsections (b), (c), (i), (j) and (l), new subsections (n)-(o) and amendment of NOTE filed 1-21-2022; operative 4-1-2022 (Register 2022, No. 3).

Note: Authority cited: Sections 10080 and 11001, Business and Professions Code. Reference: Sections 10015.1, 10018.01, 10159.2, 10177 and 11000, Business and Professions Code.

1. Amendment filed 12-10-71; effective thirtieth day thereafter (Register 71, No. 50). For prior history see Register 68, No. 39.
2. Repealer and new section filed 12-7-73; effective thirtieth day thereafter (Register 73, No. 49).
3. New subsection (m) filed 1-16-76; effective thirtieth day thereafter (Register 76, No. 3).
4. Amendment of subsection (k); effective thirtieth day thereafter (Register 80, No. 49).
5. Change without regulatory effect amending subsection (b), adding new subsection (c), repealing subsection (e) and relettering subsections filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).
6. Amendment of subsections (b), (c), (i), (j) and (l), new subsections (n)-(o) and amendment of Note filed 1-21-2022; operative 4/1/2022 (Register 2022, No. 3).