California Civil Code 1670.12 – (a) For purposes of this section, the following definitions …
(a) For purposes of this section, the following definitions apply:
(1) “Exclusive listing agreement” means any contract or agreement providing an exclusive right to list or sell residential real property, including:
Terms Used In California Civil Code 1670.12
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- property: includes property real and personal. See California Civil Code 14
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(A) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.
(B) A contract or agreement to enter into any such agreement or arrangement.
(2) “Single-family residential property” means one of the following:
(A) Real property improved with one to four dwelling units.
(B) A unit in a residential stock cooperative, condominium, or planned unit development.
(C) A mobilehome or manufactured home when offered for sale or sold through a real estate licensee pursuant to § 10131.6 of the Business and Professions Code.
(D) A qualified ownership interest in real property subject to an agreement providing the owner the right to occupy one to four dwelling units on that property.
(b) (1) It is unlawful for an exclusive listing agreement regarding single-family residential property to last longer than 24 months from the date the agreement was made. This paragraph shall not apply to exclusive listing agreements entered into between a real estate broker and a corporation, limited liability company, or partnership.
(2) No exclusive listing agreement shall renew automatically, and any renewal of an exclusive listing agreement shall be in writing and be dated and signed by all parties to the agreement. It is unlawful for a renewal of an exclusive listing agreement subject to paragraph (1) to last longer than 12 months from the date the renewal was made.
(c) It is unlawful to present for recording or filing, or otherwise attempt to record or file, with a county recorder an exclusive listing agreement of any duration or any memoranda or notice of such an agreement.
(d) It is unlawful to enforce or attempt to enforce an exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of this section.
(e) (1) An exclusive listing agreement that is made, or that is presented for recording or filing with a county recorder, in violation of this section is void and unenforceable. A homeowner who entered into any such agreement may retain any consideration received thereunder.
(2) A violation of this section constitutes a violation under Section 1770.
(3) Any person licensed pursuant to Division 4 (commencing with Section 10000) of the Business and Professions Code who violates any provision of this section shall be deemed to have violated that person’s licensing law.
(Added by Stats. 2023, Ch. 577, Sec. 2. (AB 1345) Effective January 1, 2024.)