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Required. BUSINESS AND PROFESSIONS CODE

SECTION 10130-10149

10130. It is unlawful for any person to engage in the business, act

in the capacity of, advertise or assume to act as a real estate

broker or a real estate salesman within this state without first

obtaining a real estate license from the department.

The commissioner may prefer a complaint for violation of this

section before any court of competent jurisdiction, and the

commissioner and his counsel, deputies or assistants may assist in

presenting the law or facts at the trial.

It is the duty of the district attorney of each county in this

state to prosecute all violations of this section in their respective

counties in which the violations occur.

10131. A real estate broker within the meaning of this part is a

person who, for a compensation or in expectation of a compensation,

regardless of the form or time of payment, does or negotiates to do

one or more of the following acts for another or others:

(a) Sells or offers to sell, buys or offers to buy, solicits

prospective sellers or puchasers of, solicits or obtains listings of,

or negotiates the purchase, sale or exchange of real property or a

business opportunity.

(b) Leases or rents or offers to lease or rent, or places for

rent, or solicits listings of places for rent, or solicits for

prospective tenants, or negotiates the sale, purchase or exchanges of

leases on real property, or on a business opportunity, or collects

rents from real property, or improvements thereon, or from business

opportunities.

(c) Assists or offers to assist in filing an application for the

purchase or lease of, or in locating or entering upon, lands owned by

the state or federal government.

(d) Solicits borrowers or lenders for or negotiates loans or

collects payments or performs services for borrowers or lenders or

note owners in connection with loans secured directly or collaterally

by liens on real property or on a business opportunity.

(e) Sells or offers to sell, buys or offers to buy, or exchanges

or offers to exchange a real property sales contract, or a promissory

note secured directly or collaterally by a lien on real property or

on a business opportunity, and performs services for the holders

thereof.

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