Cal. Bus. & Prof. Code § 10147.5

Current through the 2024 Legislative Session.
Section 10147.5 - [Effective 1/1/2025] Agreement as to right to compensation for sale or residential real property containing not more than four residential units or sale of mobilehome
(a) Any printed or form agreement that initially establishes, or is intended to establish, or alters the terms of any agreement that previously established a right to compensation to be paid to a real estate licensee for the sale of residential real property containing not more than four residential units, or for the sale of a mobilehome, shall contain the following statement in not less than 10-point boldface type immediately preceding any provision of such agreement relating to compensation of the licensee:

Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker.

(b) Any printed or form agreement that initially establishes or is intended to establish, or alters the terms of any agreement that previously established a right to compensation to be paid to a real estate licensee for the purchase of residential real property containing not more than four residential units, or for the purchase of a mobilehome, shall contain the following statement in not less than 10-point boldface type immediately preceding any provision of such agreement relating to compensation of the licensee:

Notice: The amount or rate of real estate compensation is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker.

(c) The amount or rate of compensation shall not be printed in any such agreement described in subdivisions (a) and (b).
(d) Nothing in this section shall affect the validity of a transfer of title to real property.
(e) As used in this section, "alters the terms of any agreement which previously established a right to compensation" means an increase in the rate of compensation, or the amount of compensation if initially established as a flat fee, from the agreement which previously established a right to compensation.

Ca. Bus. and Prof. Code § 10147.5

Amended by Stats 2024 ch 516 (AB 2992),s 1, eff. 1/1/2025.
Amended by Stats. 1980, Ch. 96, Sec. 1. Effective May 16, 1980. Operative July 1, 1980, by Sec. 2 of Ch. 96.
This section is set out more than once due to postponed, multiple, or conflicting amendments.