California Business and Professions Code 10147.5 – (a) Any printed or form agreement which initially establishes, …
(a) Any printed or form agreement which initially establishes, or is intended to establish, or alters the terms of any agreement which previously established a right to compensation to be paid to a real estate licensee for the sale of residential real property containing not more than four residential units, or for the sale of a mobilehome, shall contain the following statement in not less than 10-point boldface type immediately preceding any provision of such agreement relating to compensation of the licensee:
Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each broker individually and may be negotiable between the seller and broker.
Terms Used In California Business and Professions Code 10147.5
- Licensee: means any person authorized by a license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Sections 1000 and 3600. See California Business and Professions Code 23.8
- mobilehome: means a structure as defined in §. See California Business and Professions Code 10131.6
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(b) The amount or rate of compensation shall not be printed in any such agreement.
(c) Nothing in this section shall affect the validity of a transfer of title to real property.
(d) As used in this section, “alters the terms of any agreement which previously established a right to compensation” means an increase in the rate of compensation, or the amount of compensation if initially established as a flat fee, from the agreement which previously established a right to compensation.
(Amended by Stats. 1980, Ch. 96, Sec. 1. Effective May 16, 1980. Operative July 1, 1980, by Sec. 2 of Ch. 96.)