2851. Surety Bond Format.
A corporate surety bond provided to the Department by a prepaid rental listing service pursuant to Section 10167.7 of
the Code shall be in substantially the following form:
PREPAID RENTAL LISTING SERVICE BOND
Bond No. __________
Premium $ __________
Know all men by these presents:
That we, ______________________________________ as PRINCIPAL and
__________________________________________, a corporation organized under the laws of the State of
___________ and authorized to transact the business of surety in the State of California as SURETY are held and firmly
bound unto the State of California (OBLIGEE) in the penal sum of _______________ dollars ($______) for which
payment, well and truly to be made, we bind ourselves, our heirs, administrators, successors and assigns, jointly and
severally, liable and liable on the obligations of the bond and the statute providing for the bond.



PRINCIPAL has applied to the Department of Real Estate of the State of California for a license to act as a Prepaid
Rental Listing Service, or for the renewal of said license and is required by Section 10167.7 of the Business and
Professions Code to have on file with the Department of Real Estate, a bond in the amount of $10,000 for each licensed
location. This bond is executed and tendered in accordance with Section 10167.7.
The condition of this obligation is that if PRINCIPAL satisfies any and all final judgments entered against PRINCIPAL
as the result of any action undertaken pursuant to subdivision (f) of Section 10167.10, then this obligation shall be null
and void. Otherwise it shall remain in full force and effect.
For value received, SURETY does hereby waive any right granted to SURETY by Section 2845 of the California Civil
Code to require that OBLIGEE proceed independently against PRINCIPAL to enforce this obligation or that the
underlying judgment creditor of PRINCIPAL pursue any other remedies for collection of said judgment.
This bond is continuous in form and shall remain in full force and effect and shall run concurrently with the term of the
Rental Listing Service License issued to PRINCIPAL and for the term of any renewal thereof unless earlier terminated
or cancelled by SURETY as provided by law.
The SURETY, its successors and assigns, are jointly and severally liable on the obligations of the bond, chapter 2
(commencing with section 995.010), Title 14, part 2, Code of Civil Procedure and Article 2.3, Chapter 3, Part 1, Division
4, Business and Professions Code.
The PRINCIPAL and SURETY may be served with notices, papers and other documents under chapter 2 (commencing
with section 995.010), Title 14, part 2, Code of Civil Procedure at the addresses given above.
I certify (declare) under penalty of perjury under the laws of the State of California that I have executed this foregoing
bond.
PRINCIPAL and SURETY have executed this agreement this ____ day of _________, 20__.
____________________________ ____________________________
(Principal) (Surety)
Address: Address:
____________________________ ____________________________
____________________________ ____________________________
By:_________________________ By:_________________________
(Signature) (Signature)

2851.1. Cash Deposit Security Format.
The following shall constitute an acceptable format for the creation and assignment of a cash deposit to the
Commissioner pursuant to Section 10167.7 of the Code:
PREPAID RENTAL LISTING SERVICE
CASH DEPOSIT SECURITY

________________________________________________ (ASSIGNOR), a prepaid rental listing service licensee
whose principal licensed location is at:

______________________________________________________________
______________________________________________________________

hereby assigns to the Real Estate Commissioner of the State of California (ASSIGNEE) all of ASSIGNOR’S right, title
and interest in a cash deposit/certificate of deposit in the amount of _____________ ($______) identified as follows:
Name and/or Number ____________________________________

Depository/Issuer _______________________________________
Name

Address _______________________________________________
City and State __________________________________________
ASSIGNOR has applied to the Department of Real Estate of the State of California for a license to act as a prepaid
rental listing service, or for the renewal of said license, and is required by Section 10167.7 of the Business and



Professions Code to provide a cash deposit in the amount of $10,000 for each licensed location. This assignment is
made in accordance with and pursuant to Section 10167.7.
This assignment includes any and all rights arising out of insurance of the principal amount of the account by the Federal
Deposit Insurance Corporation or other insurer, but ASSIGNOR retains for himself all rights to interest earned on the
principal and all rights arising out of insurance of the unpaid interest earned on the principal amount.
ASSIGNOR hereby gives to ASSIGNEE or his duly appointed representative the authority to withdraw funds from the
account at any time without notice to ASSIGNOR for the purpose of paying unsatisfied judgments in accordance with
Section 10167.7. This authority of ASSIGNEE shall include the power to convert a Certificate of Deposit or similar
evidence of a deposit to cash as necessary to make payments for the benefit of unsatisfied judgment creditors
notwithstanding the fact that such conversion may result in an interest penalty.
The Certificate of Deposit or other certificate evidencing the above identified account shall be retained in the custody
of ASSIGNEE while this assignment remains in effect. This assignment shall remain effective until ASSIGNEE shall
determine that there is no longer any potential liability of ASSIGNOR under Section 10167.10 of the Code.

DATED_____________,20__ _______________________________
Signature of Assignor *

* If an account or certificate is in the name of a corporation, the assignment must be signed by an officer of the
corporation.

2852. Change of Office Location.
(a) If a prepaid rental listing service (PRLS) licensee or a real estate broker operating a prepaid rental listing service
under his broker license proposes to move either the principal location or main office to a different address, he shall,
prior to effecting the move, give notice of the address and telephone number of the new principal location or main office
in a manner reasonably calculated to reach all of the prospective tenants with whom the PRLS licensee or broker has
contracts that have not expired.

(b) If a PRLS licensee or a real estate broker operating a prepaid rental listing service under his broker license proposes
to move either a branch location or branch office to a different address, he shall, prior to effecting the move, give notice
of the address and telephone number of the new branch location or branch office in a manner reasonably calculated to
reach all of the prospective tenants previously supplied with listings of rental properties by the branch location or branch
office under contracts that have not expired.

2852.1. Different Names for Branch Locations.
If a licensee conducts a prepaid rental listing service business under different names or different fictitious business
names at separate locations or branch offices within the boundaries of the same city or within ten miles of the boundary
of that city, the name or fictitious business name under which each office or location is operated and the corresponding
address of each office shall be set forth in the contract referred to in Section 10167.9 of the Code.

2853. Notice of Remedies for Failure to Refund.
The clause required under subdivision (a)(8) of Section 10167.9 of the Code in a prepaid rental listing service contract
shall appear in bold face type immediately below the RIGHT TO REFUND notice specified in Section 10167.10 of the
Code and shall read as follows:
“You may bring a small claims court action against the licensee for his/her refusal to make a refund on your
demand of all or part of the fee paid by you under this contract. If the court finds that the licensee has acted in
bad faith in refusing to make the refund, the court has the authority to award you up one thousand dollars
($1,000) in addition to damages actually sustained by you.”
Article 17.5. Mobile Home Sales

2860. Transfer of Registration
(a) A real estate broker acting pursuant to Section 10131.6 of the Code shall, not later than the end of the tenth calendar
day after the sale of a mobilehome, that is subject to registration, give written notice of the transfer to the headquarters
office of the Department of Housing and Community Development as prescribed by that department.

(b) In a transaction in which the certificate of ownership of a mobilehome that is subject to registration is not demanded
in writing by the purchaser, a real estate broker acting pursuant to Section 10131.6 of the Code shall submit the following
to the Department of Housing and Community Development on behalf of the purchaser within 10 days after the sale:



(1) All fees and penalties for transfer of registration of the mobilehome.
(2) The ownership certificate and last-issued registration card for the mobilehome and any other supporting
documents required by the Department of Housing and Community Development.
(3) The use tax payable in the transaction.

Article 18. Contracts, Writings and Other Documents
2903. Disclosure By Person or Entity Acting in a Transaction as Both Agent in a Sale, Lease, or Exchange and
as an Arranger of Financing.
When a corporate real estate broker, individual real estate broker, or real estate broker or salesperson retained by a
corporate or individual real estate broker (hereinafter each of the foregoing licensees will be referred to as “Real Estate
Licensee”) who is acting as an agent in connection with a sale, lease or exchange of real property undertakes to arrange
financing with respect to the transaction, or where a Real Estate Licensee who is arranging financing in connection with
a sale, lease or exchange of real property undertakes to act as a real estate agent with respect to the transaction, the Real
Estate Licensee shall, within twenty-four (24) hours of the undertaking (through which the Real Estate Licensee will
have dual roles as a real estate agent and an arranger of financing), make a written disclosure of those roles to all parties
to the sale, lease, or exchange, and any related loan or financing transaction. Where the Real Estate Licensee is a real
estate salesperson retained by a corporate or individual real estate broker, the written disclosure must be made by the
real estate broker who retains the salesperson. The written disclosure made by the Real Estate Licensee shall include an
acknowledgement of receipt, which acknowledgment must be signed by all parties to the transaction.