2728.5. Broker/Salesman Operating from Branch Office.

2728.5. Broker/Salesman Operating from Branch Office.
A real estate broker acting in the capacity of a salesperson to another broker under written agreement may perform acts
for which a license is required on behalf of the responsible broker at any place of business at which the responsible
broker is currently licensed to perform acts for which a real estate license is required.
Note: Authority cited: Sections 10080 and 11001, Business and Professions Code. Reference: Sections 10162 and
10163, Business and Professions Code.
2729. Record Retention
(a) A real estate broker may use electronic image storage media to retain and store copies of all listings, deposit receipts,
canceled checks, trust records and other documents executed by the broker or obtained by the broker in connection with
any transaction for which a real estate broker license is required, provided the following requirements are satisfied:
(1) The electronic image storage shall be nonerasable “write once, read many” (“WORM”) that does not allow
changes to the stored document or record.
(2) The stored document or record is made or preserved as part of and in the regular course of business.
(3) The original record from which the stored document or record was copied was made or prepared by the broker
or the broker's retained staff or employees at or near the time of the act, condition or event reflected in the record.
(4) The custodian of the record is able to identify the stored document or record, the mode of its preparation, and
the mode of storing it on the electronic image storage.
(5) The electronic image storage system contains a reliable indexing system that provides ready access to a desired
document or record, appropriate quality control of the storage process to ensure the quality of imaged documents
or records, and date ordered arrangement of stored documents or records to assure a consistent and logical flow of
paperwork to preclude unnecessary search time.
(6) Records copied and stored under this section shall be retained for three years pursuant to Section 10148 of the
Code.
(b) A broker will maintain at the broker's office a means of viewing copies of documents or records stored
pursuant to this section. A broker shall provide, at the broker's expense, a paper copy of any document or
record requested by the Department.2729.5. Record Retention – Uniform Electronic Transactions Act.
(a) A real estate broker who obtains documents in connection with any transaction for which a real estate broker license
is required when such documents contain an electronic signature pursuant to the Uniform Electronic Transactions Act
(Section 1633.1 et seq. of the Civil Code) or the Electronic Signatures in Global and National Commerce Act shall
retain a copy of such documents, including the electronic signatures. The broker shall retain a copy of such documents
by: 1) Causing a paper copy of the document to be made or 2) By using electronic image storage media pursuant to
Section 2729. The broker may retain copies of such documents at a location other than the broker's place of business.
(b) A broker shall maintain at the broker's office a means of viewing copies of documents or records stored pursuant to
this section. After notice, such documents or records shall be made available for examination, inspection, and copying
by the Commissioner or his or her designated representative during regular business hours. The broker shall provide, at
the broker's expense, a paper copy of any document or record requested by the Bureau.
(c) Nothing in this section shall be construed to permit a broker to avoid compliance with Section 10148 of the Code.