CONTINUING EDUCATION

CONTINUING EDUCATION somebody

CONTINUING EDUCATION


All license renewal applicants must prove compliance with the continuing education (CE) requirements. Real estate salespersons who were licensed or who qualified for their license by passing the salesperson exam and submitted a license application prior to 10/1/2007, and are renewing an original license for the first time, must complete five separate three-hour DRE-approved continuing education courses in Ethics, Agency, Trust Fund Handling, Fair Housing, and Risk Management. All other renewal applicants must satisfactorily complete a total of 45 clock-hours of approved offerings within the four-year period immediately preceding license renewal. See Section 10170, et seq. of the Code.
Current information on the specific CE requirements for brokers and salespersons who do not fall into the category above is available at DRE’s web site, on the Continuing Education Verification Form (RE 251), and

in the most recent edition of the Instructions to License Applicants pamphlet. A licensee may also contact DRE’s Licensing Information Section [P.O. Box 187000, Sacramento, CA 95818-7000, (877) 373-4542.]”


Renewal Procedure


Verification of successful course completion may be provided online when using DRE’s eLicensing system to complete the renewal application process or must be listed on a RE 251 and submitted with the application for renewal. DRE does not accept an application for license renewal earlier than 90 days prior to the expiration of the license.


Exclusion from CE Requirement


An individual who has been a licensee in good standing for 30 continuous years in this State and who is 70 years of age or older is exempt from the CE requirement. Holding a license in good standing means that for the 30 year period in question, in addition to not having any disciplinary action of record, a license must have been renewed without expiration or renewed within a two-year late renewal grace period after expiration without requalification through an examination.


List of Approved Sponsors and Their Offerings


A list of approved sponsors and their offerings may be obtained from DRE’s web site or reviewed, but not purchased, at any DRE office. You may purchase a list by sending a Request for CE Course List Request (RE 301), along with the fee indicated on that form, to:
Department of Real Estate
Education Section
P.O. Box 187000
Sacramento, CA 95818-7000


MISCELLANEOUS INFORMATION
Main Office Address Change


A broker engaged in activities requiring a license must maintain an office or definite place of business in California. The broker’s license and the licenses of any salespersons employed by the broker must be available for inspection by the Commissioner or a designated representative at the broker’s principal place of business.
A broker must inform DRE of a main office address change not later than the next business day. The main office address may be changed online at DRE’s web site or by forwarding a Broker Change Application (RE 204) to DRE in Sacramento. For a licensed corporation, a Corporation Change Application (RE 204A) is required. No fee is required. The license certificate may be corrected by the licensee by striking out the old address and typing or writing the new address in ink and dating and initialing the change. The broker may obtain a new license certificate reflecting the address change online at DRE’s web site or by requesting a duplicate license on RE 225. This form may also be submitted to obtain a duplicate corporation license.


Branch Office


This is the license required for each additional business location if a broker maintains more than one place of business in the State. The branch office license permits full operation from that office and must be available for inspection at the branch location. Branch office licenses may be added or deleted by using RE 203 (Branch Office Application). No fee is required. A new license is issued for each additional branch office.


Fictitious Business Name


An individual or corporate broker can operate under a fictitious business name (dba) after DRE issues a license bearing the fictitious name. Before that license can be issued the individual or corporation must forward to DRE a copy of the fictitious business name statement (FBNS) as filed with the county clerk in the county where the broker maintains the principal business address (See Section 17900 et seq. of the Business and Professions Code). The broker must appear as the registrant on the FBNS. The broker must forward the appropriate change application (RE 204 for individual broker; RE 204A for corporation) to DRE with the FBNS. The addition of a dba to a broker’s license does not affect the licenses of the salespersons in the broker’s employ.
An application for a license bearing a fictitious business name may be denied if the name:
1. is misleading or would constitute false advertising.

2. implies a partnership or corporation when a partnership or corporation does not exist.
3. includes the name of a real estate salesperson.
4. constitutes a violation of the provisions of Sections 17910, 17910.5, or 17917 of the Code.
5. is the name formerly used by a licensee whose license has been revoked.
In addition, a license may not be issued or renewed with a fictitious business name containing the term “escrow”, or any name which implies that the escrow services are provided, unless the fictitious business name includes the term “a non-independent broker escrow” following the name. Licensees who have been or are issued a license with a fictitious business name with the term “escrow”, or any term which implies that escrow services are provided, must include the term “a non-independent broker escrow” in any advertising, signs, or electronic promotional material.
A broker desiring to use more than one fictitious business name is required to submit a change application (RE 204 or RE 204A) and a copy of the FBNS filed with the county clerk for each fictitious business name. Each fictitious business name is an addition to the existing license, and the right to use it will expire at the same time as the license. The broker’s main office license certificate will then display on its face the multiple fictitious business names. All other business locations will be designated as branch offices. A broker may use, and salespersons may work under, any fictitious business name at any business location maintained by the broker.
An FBNS expires at the end of five years from December 31 of the year in which it was filed in the office of the county clerk. When a new statement is required because the prior statement has expired, it need not be published unless there has been a change in the information required in the expired statement.
If a broker or corporation changes the licensed name and has a dba, a new fictitious business name statement must be submitted for each dba, with the new license name shown as the registrant.


Mailing Addresses


All mailings from DRE will be addressed to the mailing address provided by the licensee. A separate mailing address may be provided which is distinct from the business address of record. Brokers are required to notify DRE whenever a change of address occurs for the broker’s principal place of business or any branch office not later than the next business day following the change. Salespersons are required to maintain on file the address of the principal place of business of the broker who employs the salesperson. Brokers and salespersons are required to maintain their mailing address of record on file at all times while licensed and during the duration of the two-year late renewal grace period. A change of address notification may be made online at DRE’s web site or by forwarding to DRE the appropriate change application (RE 204 for broker licensees or RE 214 for salesperson licensees) for each license affected. Mailing addresses are public information and are available in a list format.


Non-Resident Information


License applicants or licensees who are out of state residents must file a signed and notarized Consent To Service of Process (RE 234). Brokers are required to maintain a California business address if engaging in licensed activities in California. If a broker does not engage in licensed activities in California, the broker must file an Out of State Broker Acknowledgment (RE 235). Salespersons must be licensed with a California broker if engaging in business in California.


Transfer of Salesperson License


To effect a transfer of employment, a salesperson and the former and new employing brokers must take the following steps:
1. The former employing broker must immediately notify DRE, which may be accomplished online at DRE’s web site or in writing to Licensing in Sacramento (Section 10161.8 of the Code).
2. The former employer gives the transferring salesperson his/her license certificate and signs a Salesperson Change Application (RE 214).
3. Within five days, the salesperson and the new employing broker may complete the change process online at DRE’s web site or complete RE 214 (Salesperson Change Application) and send it to the Department of Real Estate, P.O. Box 187003, Sacramento 95818-7003. A new license certificate will not be issued.



Termination of Salesperson for Violation


When a salesperson is terminated by an employing broker for a violation of any of the provisions of the Real Estate Law, the employing broker must immediately file a certified written statement of the facts with DRE. (Section 10178 of the Code)


Effect of Revocation or Suspension


When a real estate broker license is revoked or suspended, the licenses of every real estate salesperson in the broker’s employ are automatically canceled. Such salespersons may transfer their licenses to a new employing broker.


Loss of License Status


This may occur when a person holding a license allows two years to elapse from the expiration date without applying for (late) renewal, submitting evidence of completion of the continuing education requirements, and paying the required fee. Loss of license status also occurs if a salesperson is issued a conditional license which is suspended by operation of the law (Section 10153.4 of the Code) and the individual fails to submit evidence of the remaining two required college-level courses within four years from the date the license was issued. A third example of loss of license status occurs if a license is revoked.


PREPAID RENTAL LISTING SERVICE LICENSE (PRLS)


A PRLS is in the business of supplying prospective tenants with listings of residential real property for rent while collecting a fee at the same time or in advance of the time the listings are provided. A PRLS does not negotiate rental or lease agreements. Sections 10167-10167.17 of the Code and Regulations 2850-2853 define this activity and contain the PRLS licensing requirements.


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