§ 10167.9. — 10167.9. (Amended by Stats. 2021, Ch. 431, Sec. 15.)

California § 10167.9.

• Jurisdiction: California
• Code BPC: Business and Professions Code - BPC
• Div. 4.: DIVISION 4. REAL ESTATE
• Part 1.: PART 1. LICENSING OF PERSONS
• Ch. 3.: CHAPTER 3. Real Estate Regulations
• Art. 2.3.: ARTICLE 2.3. Prepaid Rental Listing Service

Text

(a)
Prior to the acceptance of a fee, a licensee shall offer the prospective tenant a written contract, either on paper or in electronic form, which shall include at least the following:
(1)
The name and license number of the licensee and the addresses and telephone numbers of the principal office or location of the licensee and of the location, or branch office of a real estate broker, providing the listing to the prospective tenant.
(2)
Acknowledgment of receipt of the fee, including the amount.
(3)
A description of the service to be performed by the licensee, including
significant conditions, restrictions, and limitations when applicable.
(4)
The prospective tenant’s specifications for the rental property, including, but not limited to:
(A)
Type of structure, including, but not limited to, detached single-family home, apartment, or duplex.
(B)
Location by commonly accepted residential area name, by designation of boundary streets, or by any other manner affording a reasonable means of identifying locations acceptable to the prospective tenant.
(C)
Furnished or unfurnished.
(D)
Number of bedrooms required.
(E)
Maximum
acceptable monthly rental.
(5)
The contract expiration date, which shall not be later than 90 days from the date of execution of the contract.
(6)
A clause setting forth the right to a full or partial refund of the fee paid as provided in Section 10167.10.
(7)
The signature and printed full name of the licensee or of the designated agent, real estate salesperson, or employee acting on behalf of the licensee. The signature of any person, including any signature required by the terms of the contract to be provided by the prospective tenant, may be provided in any electronic form that provides a reasonable method of indicating that the individual whose signature is required authorized the contract to be signed in that
electronic form.
(8)
A clause in bold type letters outlining the small claims court remedy available to the prospective tenant.
(9)
A clause in boldface type letters clearly stating that the purchase of any goods and services other than the provision of listings of residential real properties for tenancy is optional.
(b)
(1)
The original of each contract, any separate contracts for required goods or services, refund claims, receipts and any other relevant documents shall be retained by the licensee for a period of not less than three years from the date of termination of the contract during that time the contract shall be subject to examination by a duly authorized representative of the commissioner.
Any records retained pursuant to this subdivision that are stored in the ordinary course of business in digital media shall, upon request of a duly authorized representative of the commissioner, be provided on diskette, CD-ROM, or similar portable digital storage medium. For purposes of this subdivision, the “original” of a contract executed in electronic form shall be either the copy of the contract stored in digital media or a paper printout of that contract.
(2)
Any licensee, or employee thereof, shall dispose of the
documents required to be kept pursuant to paragraph (1) by shredding or other appropriate means so that the identity of the prospective tenant may not be determined from the disposed information alone or in combination with other publicly available information.
(c)
The form of contract proposed to be used by a licensee to effect compliance with this section shall be filed with the department prior to use. Any modification of a form previously filed with the department, including a change in the name or business address of the licensee, shall also be filed prior to use. The department shall withhold the issuance or renewal of a license until the department has approved the contract. If a proposed modification to a contract has not been approved or disapproved within 15 working days of being filed with the department, the proposed
modification shall be deemed approved. If a proposed modification or contract provision is disapproved, the department shall communicate that disapproval in writing to the licensee within 15 working days of being filed with the department, accompanied by a written justification of why the modification or contract
provision is contrary to the requirements of this article.
(d)
Notwithstanding any other law, a contract for prepaid rental listing services executed in electronic form, and signed in any electronic form that provides a reasonable method of indicating that the individual whose signature is required authorized the contract to be signed in electronic form, shall be valid to the same extent as an executed written contract. Upon request by the customer, the licensee shall deliver an executed paper copy to the customer within five working days of receiving the request.

Legislative History

Amended by Stats. 2021, Ch. 431, Sec. 15. (SB 800) Effective January 1, 2022.