10159.5. (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 3 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.
(Amended by Stats. 2022, Ch. 511, Sec. 55. (SB 1495) Effective January 1, 2023.)
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