§ 2770. Electronic Communication -Advertising and Dissemination of Information on the Internet.

(a) The following definitions shall apply for the purposes of this section:

(1) “Customer” means the person located within the State of California on whose behalf a service is provided or offered or to whom an advertisement is directed.

(2) “Services” means any activity for which a real estate license in required and which is offered or provided to a customer located within this state.

(b) Persons who advertise or disseminate information about services over the Internet, the World Wide Web, or similar electronic common carrier systems, will not be deemed to be engaged in the business, act in the capacity of, advertise or assume to act as a real estate broker within this state if any of the following apply:

(1) The advertisement or information involves a service but (A) is not directed to any particular person or customer located within the State of California, (B) is limited to general information about the services offered to customers or the public in general, and (C) includes the legend “The services referred to herein are not available to persons located within the State of California.”.

(2) The advertisement or information does not involve a service provided in connection with activity for which a real estate license is required.

(3) The advertisement or information is not being published, circulated or transmitted on behalf of another or others.

(4)(A) The person is engaged exclusively in advertising and performs no other acts requiring a real estate license; and

(B) The person conducting the advertising does not compile or represent that he or she will compile information about specific parties in a real estate transaction. General information such as demographic or marketing information may be compiled; and

(C) The fee charged for the advertising is consistent with fees charged for similar advertising services; and

(D) The advertisements provide for direct contact between prospective parties to a real estate transaction or contact through a licensed California real estate broker.

(c) A person who advertises or disseminates information with respect to providing a service is not required to have a real estate broker license if any of the following conditions apply:

(1) The person publishing, circulating or transmitting the advertisement or disseminating the information is acting within the exemptions from the definition of real estate broker contained in Sections 10133 or 10133.1. of the Code.

(2) The services provided do not include any of the acts within the meaning of Sections 10131, 10131.1, 10131.2, 10131.3, 10131.4, 10131.45 and 10131.6 of the Code.

(3) (A) Prior to any direct electronic communication or any response or contact with a specific customer there is in place, barriers or other implemented policies and procedures, designed to ensure that prior to the response or contact, the person making it is appropriately licensed under the Real Estate Law or qualifies for an exemption from real estate broker licensure; and,

(B) There is a legend in all advertising and information disseminated about services offered indicating whether the person making the advertising or disseminating the information is a licensed California real estate broker. If the person is not a licensed California real estate broker, an additional legend shall be included which provides as follows: “The services are not available to persons located within the State of California.”

HISTORY

1. Repealer of section and new Note filed 11-13-96; operative 11-13-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 46).

2. New section filed 7-31-98; operative 8-30-98 (Register 98, No. 31).

3. New subsections (b)(4)-(b)(4)(D)filed 2-28-2006; operative 3-30-2006 (Register 2006, No. 9).

Note

Note: Authority cited: Section 10080, Business and Professions Code. Reference: Sections 10131, 10131.1, 10131.2, 10131.3, 10131.4, 10131.45 and 10131.6, Business and Professions Code.