STATE OF CALIFORNIA
DEPARTMENT OF REAL ESTATE
LICENSE DISCLOSURE REQUIREMENTS FOR ADVERTISING
RE 559 (Rev. 5/19)
The following chart shows the required disclosures of licensure for real estate-related advertisements. For a chart showing the required
disclosures of licensure for mortgage loan-related advertisements, please refer to License Disclosure Requirements for Mortgage
Advertising, form RE 858. Pertinent Real Estate Law referred to includes Business and Professions Code (B&P) and Regulations of
the Real Estate Commissioner (Regulation).
Questions?
If you have questions, please call the Enforcement section at (877) 373-4542.
Advertising
Required Disclosures
Display Requirements
Pertinent
Real Estate
Law
Ads and
Solicitation
Materials
Media
Name(s)/Designation/
Phrasing
DRE License Number
All*
Name of broker
-AND-
state that the broker is licensed
as a real estate broker by the
State of California
8-digit license number of each
licensee in the advertisement
Font size of the license number
must not be less than the
smallest font size used in the
advertisement and solicitation
materials
B&P 10140.5,
10140.6(b);
Regulation
2773
Newspapers, periodicals, mail
Broker, agent, Realtor, loan
correspondent or abbreviations
bro., agt., or other similar terms
or abbreviations
Note: Please see “First Point of Contact Solicitation Materials”
guidance below, as well as footnote ** below, re: additional required
disclosures
B&P
10140.6(a);
Regulation
2770.1
Business cards, stationery,
flyers, television ads, print ads
(newspapers, periodicals, etc.),
electronic media ads (internet,
radio, cinema, video, audio,
etc.), brochures, leaflets, etc.,
mail (regular & email), for sale,
rent, lease, open house, and
directional signs
Licensee name ***
-AND-
broker’s name
8-digit license number of each
licensee in the
advertisement***
-------------
8-digit license number of the
broker (optional)
Font size of the license number
must not be less than the
smallest font size used in the
advertisement and solicitation
materials
B&P
10140.6(b);
Regulation
2773
All*
Fictitious business name
-AND-
salesperson's name
-AND-
broker's name
8-digit license number of the
salesperson
-----
8-digit license number of the
broker (optional)
Broker's name (and license
number, if included) must be
equally as prominent as the DBA
-AND-
salesperson's name and license
number must be conspicuous
B&P 10159.5,
10159.7
All*
Team name
-AND-
a licensed team member’s name
-AND-
broker's name
8-digit license number of the
salesperson
-----
8-digit license number of the
broker (optional)
Team name and salesperson's
name and license number must
be conspicuous and prominent
-AND-
broker's name (and license
number, if included) must be as
prominent and conspicuous as
the team name
B&P 10159.6,
10159.7
* Refers to any advertising and solicitation materials, including first point of contact materials.
** Print ads must contain a designation, pursuant to 10140.6(a) of the Business and Professions Code and Section 2770.1 of the Commissioner’s
Regulations. Print ads are also first point of contact solicitation materials and must disclose, in addition to a designation, the licensee’s name
and license number and the broker’s identity, pursuant to Section 10140.6(b) and Regulation 2773.
*** Does not apply to “for sale”, rent, lease, “open house”, and directional signs that display the responsible broker’s identity only and does not
identify or reference an associate broker or licensee. Note: This exception does not apply if using a team name or salesperson-owned dba or the
advertising and solicitation materials are related to government lands.
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PERTINENT CODES & REGULATIONS
Business and Professions Code
10015.4. “Responsible broker’s identity” means the name under
which the responsible broker is currently licensed by the
department and conducts business in general or is a substantial
division of the real estate firm, or both the name and the
associated license identification number. “Responsible broker’s
identity” does not include a fictitious business name obtained
pursuant to paragraph (2) of subdivision (a) of Section 10159.5 or
the use of a team name pursuant to Section 10159.6.
Disclosure of Name
10140.5. Each advertisement or other statement which is
published by a real estate broker or salesman offering to assist
persons to file applications for the purchase or lease of, or to
locate or enter upon, lands owned by the State or Federal
Government shall, when published, indicate the name of the
broker for whom it is published and state that the broker is
licensed as a real estate broker by the State of California.
Disclosure of Licensed Status in Advertising
10140.6. (a) A real estate licensee shall not publish, circulate,
distribute, or cause to be published, circulated, or distributed in
any newspaper or periodical, or by mail, any matter pertaining to
any activity for which a real estate license is required that does
not contain a designation disclosing that he or she is performing
acts for which a real estate license is required.
(b) (1) A real estate licensee shall disclose his or her name,
license identification number and unique identifier assigned to
that licensee by the Nationwide Mortgage Licensing System and
Registry, if that licensee is a mortgage loan originator, and
responsible broker’s identity, as defined in Section 10015.4, on
all solicitation materials intended to be the first point of contact
with consumers and on real property purchase agreements when
acting in a manner that requires a real estate license or mortgage
loan originator license endorsement in those transactions. The
commissioner may adopt regulations identifying the materials in
which a licensee must disclose a license identification number
and unique identifier assigned to that licensee by the Nationwide
Mortgage Licensing System and Registry, and responsible
broker’s identity.
(2) For purposes of this section, “solicitation materials” include
business cards, stationery, advertising flyers, advertisements on
television, in print, or electronic media, “for sale,” rent, lease,
“open house,” and directional signs, and other materials designed
to solicit the creation of a professional relationship between the
licensee and a consumer.
(3) Nothing in this section shall be construed to limit or change
the requirement described in Section 10236.4 as applicable to real
estate brokers.
(c) This section shall not apply to “for sale,” rent, lease, “open
house,” and directional signs that do either of the following:
(1) Display the responsible broker’s identity, as defined in
Section 10015.4, without reference to an associate broker or
licensee.
(2) Display no licensee identification information.
(d) “Mortgage loan originator,” “unique identifier,” and
“Nationwide Mortgage Licensing System and Registry” have the
meanings set forth in Section 10166.01.
(e) This section shall become operative on January 1, 2018.
Fictitious Name
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 his or her application a certified
copy of his or her 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 bureau an application, signed by the
responsible broker, requesting the bureau’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 bureau to obtain or use a fictitious business name.
(D) Maintain ownership of a fictitious business name, as defined
in paragraph (2) 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 his or
her 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 his or her 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 paragraph (1) of subdivision (a) of Section
10159.7, 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.
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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.
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(c) “Advertisements in electronic media” that constitute a first
point of contact solicitation are those advertisements that a
licensee purchases or directly places on an electronic platform,
where the licensee controls the content and presentation of the
advertisement, and which include information that is intended to
enable consumers to directly contact the licensee. Instances where
another party controls the content and visual presentation of the
licensee’s information on a platform are excluded from
“advertisements in electronic media,” except where the licensee
subsequently adopts the content and presentation of the content
by distributing or forwarding the advertisement to a consumer.