RE 559
Team Name - Requirements
10159.6. All of the following apply to use of a team name, as
defined in paragraph (3) of subdivision (a) of Section 10159.7:
(a) Notwithstanding subdivision (b) of Section 10140.6,
advertising and solicitation materials that contain a team name,
including print or electronic media and “for sale” signage, shall
include, and display in a conspicuous and prominent manner, the
team name and the name and license number of at least one of the
licensed members of the team.
(b) The responsible broker’s identity shall be displayed as
prominently and conspicuously as the team name in all
advertising and solicitation materials.
(c) The advertising and solicitation materials shall not contain
terms that imply the existence of a real estate entity independent
of the responsible broker.
(d) Notwithstanding Section 10185, a violation of this section is
not a misdemeanor.
Fictitious and Team Names - Definitions
10159.7. (a) For the purposes of this article, the following
definitions shall apply:
(1) “Fictitious business name” means a professional identity or
brand name under which activity requiring a real estate license is
conducted and the use of which is subject to approval by the
department pursuant to Section 10159.5.
(2) “Ownership of a fictitious business name” means the right to
use, renew, and control the use of a fictitious business name
obtained in accordance with Section 10159.5.
(3) “Team name” means a professional identity or brand name
used by a salesperson, and one or more other real estate licensees,
for the provision of real estate licensed services. Notwithstanding
any other law, the use of a team name does not require that a
separate license be issued for that name pursuant to Section
10159.5. A team name does not constitute a fictitious business
name for purposes of this part or any other law or for purposes of
filing a fictitious business name statement with an application as
required by subdivision (a) of Section 10159.5 if all of the
following apply:
(A) The name is used by two or more real estate licensees who
work together to provide licensed real estate services, or who
represent themselves to the public as being a part of a team,
group, or association to provide those services.
(B) The name includes the surname of at least one of the licensee
members of the team, group, or association in conjunction with
the term “associates,” “group,” or “team.”
(C) The name does not include any term or terms, such as “real
estate broker,” “real estate brokerage,” “broker,” or “brokerage”
or any other term that would lead a member of the public to
believe that the team is offering real estate brokerage services,
that imply or suggest the existence of a real estate entity
independent of a responsible broker.
(b) Nothing in this section changes a real estate broker’s duties
under this division to supervise a salesperson.
Commissioner’s Regulations
2770.1. Advertising - License Designation.
Use of the terms broker, agent, Realtor, loan correspondent or the
abbreviations bro., agt., or other similar terms or abbreviations, is
deemed sufficient identification to fulfill the designation
requirements of Section 10140.6(a) and (c) of the Business and
Professions Code.
Use of the terms and abbreviations set forth above does not
satisfy the requirements of Sections 10235.5 and 17539.4 of the
Code.
2773. Disclosure of License Identification Number on
Solicitation Materials - First Point of Contact with
Consumers.
(a) A real estate broker or salesperson, when engaging in acts for
which a license is required, shall disclose its, his or her eight (8)
digit real estate license identification number and responsible
broker’s name as currently licensed, and may, but is not required
to, also include the responsible broker’s license identification
number, on all solicitation materials intended to be the first point
of contact with consumers. If the name of more than one licensee
appears in the solicitation, the license identification number of
each licensee shall be disclosed. The license identification
numbers of responsible brokers or corporate brokers whose
names, logos or trademarks appear on solicitation materials along
with the names and license numbers of salespersons or broker
associates do not need to appear on those materials. If the
advertising is in written form, the type size of the license
identification number shall be no smaller than the smallest size
type used in the solicitation material.
Solicitation materials intended to be the first point of contact with
consumers, and in which a licensee must disclose a license
identification number, include the following:
(1) Business cards;
(2) Stationery;
(3) Websites owned, controlled, and/or maintained by the
soliciting real estate licensee;
(4) Promotional and advertising flyers, brochures, postal mail,
leaflets, and any marketing or promotional materials designed to
solicit the creation of a professional relationship between the
licensee and a consumer, or which is intended to incentivize,
induce or entice a consumer to contact the licensee about any
service for which a license is required;
(5) Advertisements in electronic media (including, without
limitation, internet, email, radio, cinema, and television
advertisements, and the opening section of streaming video and
audio);
(6) Print advertising in any newspaper or periodical; and
(7) “For sale,” “for rent,” “for lease,” “open house,” and
directional signs that display the name of the licensee.
(b) No license identification number is required where a “for
sale,” “for rent,” “for lease,” “open house,” or directional sign has
no name, trademark, or other branding of a real estate licensee, or
where the only licensee identified is a responsible broker as
defined in Business and Professions Code Section 10015.4.