In 2016, the Governor signed Assembly Bill (AB) 2330. Among other things, AB 2330 requires that whenever a real estate broker acting in the capacity of a salesperson (i.e., a broker-associate) enters the employ of another real estate broker or corporation, the responsible broker shall immediately notify the Commissioner of this arrangement in writing. The bill also requires that whenever the employment of a broker-associate is terminated, the responsible broker shall immediately notify the Commissioner in writing. The broker-associate notification requirements go into effect on January 1, 2018, and will apply to all broker-associates, including those whose affiliation with a responsible broker commenced prior to January 1, 2018.
For purposes of clarification, a broker-associate is an individual licensed as a real estate broker, but who works in the capacity of a salesperson for another responsible broker. Furthermore, a “responsible broker” is the broker responsible for the exercise of control and supervision of a salesperson, or a licensee subject to discipline, pursuant to Business and Professions Code Section 10177(h), for failure to supervise activity requiring a license. It is also worth noting that a responsible broker can either be an individual broker or corporation depending on the broker-associate’s employment affiliation.
To ensure compliance with the notification requirements set forth in AB 2330, CalBRE created the “Broker Associate Affiliation Notification” (RE 215) form, which is currently available on the California Bureau of Real Estate’s (CalBRE’s) website. The form is to notify CalBRE of a broker-associate/responsible broker affiliation or termination. All other changes pertaining to an individual broker license, such as changes of mailing or main office addresses, adding or canceling fictitious business names, or updates to contact information, should continue to be submitted using the “Broker Change Application (For Broker Licensees)” (RE 204) form or for certain transactions using eLicensing.
CalBRE previously released an advisory titled, “Advisory and Guidance to Licensees Regarding Assembly Bill 2330, Effective January 1, 2018, Pertaining to Broker-Associates,” as well as published “Frequently Asked Questions Regarding ‘Broker-Associate Affiliation Notification.’” Both are available on CalBRE’s website at www.calbre.ca.gov.
For more information, call CalBRE’s Licensing program toll-free at (877) 373-4542.
Source: Real Estate Bulletin Fall 2017