FAQ: AB 2330 “BROKER-ASSOCIATE” AFFILIATE NOTIFICATION

Q. 1: Who is a Broker-Associate?

A Broker-Associate is:

  • An individual licensed as a real estate broker by the California Department of Real Estate
    (DRE)1
  • Who works in the capacity of a salesperson for another responsible broker or
    corporation brokered by another individual

Q. 2: What is a Responsible Broker?

“Responsible broker” means:

  • The broker responsible for the exercise of control and supervision of a salesperson(s) or
    licenses(es) or group of the same
  • Who is subject to discipline under Business & Professions Code § 10177 (h) (“B&P
    Code”) for failure to supervise activity requiring a real estate license
  • Responsible broker may be an individual broker or a corporation

Q. 3: Do Broker-Associates need to work under a written agreement with a Responsible
Broker?

Yes, the Responsible Broker must have a written agreement with the broker-associate (DRE
regulation 2726).

Q. 4: What is Assembly Bill (“AB”) 2330?

  • AB 2330 is legislation that was signed into law by Governor Brown in September 2016
  • AB 2330 adds Section 10083.2 and amends Section 10161.8 of the B&P Code

Q. 5: What does AB 2330 require?

AB 2330 requires the DRE:

  • To post on its website whether a licensee is a broker-associate licensee
  • To identify each Responsible Broker with whom a Broker-Associate is contractually associated with under B&P Code § 10032

AB 2330 requires the Responsible-Broker and Broker-Associates:

  • To immediately notify the Commissioner of the Broker-Associate employment
    agreement in writing
  • To immediately notify the Commissioner of the Broker-Associate termination in writing

Q. 6: When does AB 2330 become law and go into effect?

AB 2330 goes into effect January 1, 2018.

Q. 7: How do I notify the DRE of a licensee’s Broker-Associate status?

  • DRE created a new form, RE 215 – Broker-Associate Affiliation Notification
  • RE 215 shall be used for the sole purpose of notifying the DRE of a Broker- Associate / Responsible Broker affiliation or termination
  • This form is available on DRE’s website
  • All other changes pertaining to an individual broker license, such as changes of
    mailing/main office address, adding or cancelling fictitious business names, or updates to
    contact information should continue to be submitted using the form RE 204 – Broker
    Change Application

Q. 8: Do brokers working in a Broker-Associate capacity under a Responsible Broker prior to January 1, 2018 need to submit a Broker-Associate Affiliation Notification form to the DRE?

  • Yes, Broker-Associates who have worked for a Responsible Broker prior to January 1,
    2017 will still be required to submit a Broker-Associate Affiliation Notification form to
    the DRE.
  • The date of the Broker-Association relationship required on the form shall correspond to the date provided on the contractual relationship agreement between the Broker-
    Associate and the Responsible Broker.

1 As of July 1, 2018, name will change from “California Bureau of Real Estate” to the “California Department of Real Estate.”

This comprehensive Frequently Asked Questions (FAQ) is based on information gathered from the
California Association of REALTORS® (C.A.R.), the California Department of Real Estate (DRE), and the opinion of The Giardinelli Law Group, APC specifically as it relates to AB 2330 “Broker-Associate” Affiliate Notification. This information is subject to change.

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