CAL LEG Buyer-Broker Agreements


On Sep. 11, CAL LEG enrolled bill re buyer-broker representation.


  • CAL LEG enrolled Bill AB 2992 related to buyer-broker representation agreements.
  • Require agreements with amount of pay paid to real estate licensee for purchase of specified residential property/mobile home contain statement on negotiable rates.
  • California Law Amendments
  • Would amend CAL Business and professions code (BPC), CAL FIN 4-1-3-1-10147.5.
  • Also, Civil code (CIV), CAL FIN 3-4-6-3-2-2079.13, CAL FIN 3-4-6-3-2-2079.14; CAL FIN 3-4-6-3-2-2079.16; Add new Title 4.1 (1670.50 et seq) to CIV, CAL FIN 3.
  • Additionally, measure amends California civil procedure (CCP) CAL FIN 3-9.4-1298.
  • Buyer-Broker Agreements
  • Agreements providing for compensation to be paid to real estate licensee for purchase of residential property/mobile home must allow for commission to be set by brokers.
  • Buyer’s agent and buyer must execute buyer-broker representation agreement as soon as practicable, no later than the execution of buyer’s offer to purchase real property.
  • Prohibits the representation agreement from lasting longer than 3 months, except if entered into between broker and corporation, limited liability company, or partnership.
  • Additionally, any buyer-broker representation agreement that is made in violation of these durational and renewal requirements would also be void and unenforceable.
  • Violations by a licensed person under Real Estate Law is also violation of licensing law.
  • By expanding the scope of a crime, bill would impose a state-mandated local program.
  • Legislative History
  • On Feb. 16, 2024, bill introduced in Assembly; on May 16, 2024, bill passed Assembly.
  • On May 16, 2024, bill delivered to Senate; on Aug. 28, 2024, bill passed in Senate.
  • On Aug. 29, 2024, bill amendments concurred, on Sep. 11, bill delivered to governor.
  • Effectiveness
  • No effective date specified; generally effective Jan. 1 after enactment, on Jan. 1, 2025.
  • Sep. 24, 2024 CAL LEG Governor Approval
  • On Sep. 24, 2024, CAL LEG reported AB 2992 was approved by governor, Chapter 516.

Regulators CAL LEG
Entity Types Corp; IB; MG Orig
Reference Ch. 516, 9/24/2024; Bill AB2992, 9/11/2024; Citation: *CAL FIN* 3, 3-4-6-3-2-2079.13, 3-4-6-3-2-2079.14, 3-4-6-3-2-2079.16, 3-9.4-1298;
Functions Compliance; Legal; Market Conduct; Operations; Record Retention; Registration/Licensing
Countries United States of America
Category
State
Products Corporate; Mortgage
Regions Am
Rule Type Final
Rule Date 9/11/2024
Effective Date 1/1/2025
Rule Id 226113
Linked to N/A
Reg. Last Update 9/24/2024
Report Section US Consumer

Last substantive update on 09/29/2024