2770. Electronic Communication – Advertising and Dissemination of Information on the Internet.
(a) The following definitions shall apply for the purposes of this section:
(1) "Customer" means the person located within the State of California on whose behalf a service is provided or
offered or to whom an advertisement is directed.
(2) "Services" means any activity for which a real estate license is required and which is offered or provided to a
customer located within this state.
(b) Persons who advertise or disseminate information about services over the Internet, the World Wide Web, or similar
electronic common carrier systems, will not be deemed to be engaged in the business, act in the capacity of, advertise
or assume to act as a real estate broker within this state if any of the following apply:

(1) The advertisement or information involves a service but (A) is not directed to any particular person or customer
located within the State of California, (B) is limited to general information about the services offered to customers
or the public in general, and (C) includes the legend "The services referred to herein are not available to persons
located within the State of California.".

(2) The advertisement or information does not involve a service provided in connection with activity for which a
real estate license is required.

(3) The advertisement or information is not being published, circulated or transmitted on behalf of another or others.
(4) (A) The person is engaged exclusively in advertising and performs no other acts requiring a real estate license;
and
(B) The person conducting the advertising does not compile or represent that he or she will compile information
about specific parties in a real estate transaction. General information such as demographic or marketing
information may be compiled; and
(C) The fee charged for the advertising is consistent with fees charged for similar advertising services; and
(D) The advertisements provide for direct contact between prospective parties to a real estate transaction or
contact through a licensed California real estate broker.
(c) A person who advertises or disseminates information with respect to providing a service is not required to have a
real estate broker license if any of the following conditions apply:
(1) The person publishing, circulating or transmitting the advertisement or disseminating the information is acting
within the exemptions from the definition of real estate broker contained in Sections 10133 or 10133.1. of the Code.

(2) The services provided do not include any of the acts within the meaning of Sections 10131, 10131.1, 10131.2,
10131.3, 10131.4, 10131.45 and 10131.6 of the Code.

(3) (A) Prior to any direct electronic communication or any response or contact with a specific customer there is in
place, barriers or other implemented policies and procedures, designed to ensure that prior to the response or
contact, the person making it is appropriately licensed under the Real Estate Law or qualifies for an exemption
from real estate broker licensure; and,

(B) There is a legend in all advertising and information disseminated about services offered indicating whether
the person making the advertising or disseminating the information is a licensed California real estate broker.
If the person is not a licensed California real estate broker, an additional legend shall be included which provides
as follows: "The services are not available to persons located within the State of California."

2770.1. Advertising - License Designation.
Use of the terms broker, agent, Realtor, loan correspondent or the abbreviations bro., agt., or other similar terms or
abbreviations, is deemed sufficient identification to fulfill the designation requirements of Section 10140.6(a) and (c)
of the Business and Professions Code.

Use of the terms and abbreviations set forth above does not satisfy the requirements of Sections 10235.5 and 17539.4
of the Code.





2773. Disclosure of License Identification Number on Solicitation Materials - First Point of Contact
with Consumers.
(a) A real estate broker or salesperson, when engaging in acts for which a license is required, shall disclose its,
his or her eight (8) digit real estate license identification number and responsible broker's name as currently
licensed, and may, but is not required to, also include the responsible broker's license identification number, on
all solicitation materials intended to be the first point of contact with consumers. If the name of more than one
licensee appears in the solicitation, the license identification number of each licensee shall be disclosed. The
license identification numbers of responsible brokers or corporate brokers whose names, logos or trademarks
appear on solicitation materials along with the names and license numbers of salespersons or broker associates do
not need to appear on those materials. If the advertising is in written form, the type size of the license identification
number shall be no smaller than the smallest size type used in the solicitation material.

Solicitation materials intended to be the first point of contact with consumers, and in which a licensee must
disclose a license identification number, include the following:

(1) Business cards;
(2) Stationery;

(3) Websites owned, controlled, and/or maintained by the soliciting real estate licensee;
(4) Promotional and advertising flyers, brochures, postal mail, leaflets, and any marketing or promotional
materials designed to solicit the creation of a professional relationship between the licensee and a consumer,
or which is intended to incentivize, induce or entice a consumer to contact the licensee about any service for
which a license is required;
(5) Advertisements in electronic media (including, without limitation, internet, email, radio, cinema, and
television advertisements, and the opening section of streaming video and audio);

(6) Print advertising in any newspaper or periodical; and
(7) "For sale," "for rent," "for lease," "open house," and directional signs that display the name of the
licensee.
(b) No license identification number is required where a "for sale," "for rent," "for lease," "open house," or
directional sign has no name, trademark, or other branding of a real estate licensee, or where the only licensee
identified is a responsible broker as defined in Business and Professions Code Section 10015.4.

(c) "Advertisements in electronic media" that constitute a first point of contact solicitation are those
advertisements that a licensee purchases or directly places on an electronic platform, where the licensee controls
the content and presentation of the advertisement, and which include information that is intended to enable
consumers to directly contact the licensee. Instances where another party controls the content and visual
presentation of the licensee’s information on a platform are excluded from "advertisements in electronic media,"
except where the licensee subsequently adopts the content and presentation of the content by distributing or
forwarding the advertisement to a consumer.

Article 10. Discrimination and Panic Selling