§ 2729.5. Record Retention -Uniform Electronic Transactions Act.

(a) A real estate broker who obtains documents in connection with any transaction for which a real estate broker license is required when such documents contain an electronic signature pursuant to the Uniform Electronic Transactions Act (Section 1633.1 et seq. of the Civil Code) or the Electronic Signatures in Global and National Commerce Act shall retain a copy of such documents, including the electronic signatures. The broker shall retain a copy of such documents by: 1) Causing a paper copy of the document to be made or 2) By using electronic image storage media pursuant to Section 2729. The broker may retain copies of such documents at a location other than the broker's place of business.

(b) A broker shall maintain at the broker's office a means of viewing copies of documents or records stored pursuant to this section. After notice, such documents or records shall be made available for examination, inspection, and copying by the Commissioner or his or her designated representative during regular business hours. The broker shall provide, at the broker's expense, a paper copy of any document or record requested by the Department.

(c) Nothing in this section shall be construed to permit a broker to avoid compliance with Section 10148 of the Code.

HISTORY

1. New section filed 6-20-2002; operative 7-20-2002 (Register 2002, No. 25).

Note

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Section 10148, Business and Professions Code.