A real estate broker within the meaning of this part is a person who, for a compensation or in expectation of a compensation, regardless of the form or time of payment, does or negotiates to do one or more of the following acts for another or others:
(a)Sells or offers to sell, buys or offers to buy, solicits prospective sellers or buyers of, solicits or obtains listings of, or negotiates the purchase, sale, or exchange of real property or a business opportunity.
(b)Leases or rents or offers to lease or rent, or places for rent, or solicits listings of places for rent, or solicits for prospective tenants, or negotiates the sale, purchase, or exchanges of leases on real property, or
on a business opportunity, or collects rents from real property, or improvements thereon, or from business opportunities.
(c)Assists or offers to assist in filing an application for the purchase or lease of, or in locating or entering upon, lands owned by the state or federal government.
(d)Solicits borrowers or lenders for or negotiates loans or collects payments or performs services for borrowers or lenders or note owners in connection with loans secured directly or collaterally by liens on real property or on a business opportunity.
(e)Sells or offers to sell, buys or offers to buy, or exchanges or offers to exchange a real property sales contract, or a promissory note secured directly or collaterally by a lien on real property or on a business opportunity, and performs services for the holders
thereof.
Notes of Decisions
Cited in
19
cases (
3 in the last 5 years), 1963–2021 · leading case:
Neilson v. Chang, 253 F.3d 520 (9th Cir. 2001).
Neilson v. Chang, 253 F.3d 520 (9th Cir. 2001).
“2 deems a security interest perfected, without possession of the security instruments, provided five requirements are met: (1) a “broker, acting within the meaning of’ California Business and Professions Code §§ 10131 or 10131.”
Onofrio v. Rice, 55 Cal. App. 4th 413 (Cal. Ct. App. 1997).
“Business and Professions Code section 10130 provides in part, “It is unlawful for any person to engage in the business, act in the capacity of, advertise or assume to act as a real estate broker .”
Salven v. Munday (In Re Kemmer), 265 B.R. 224 (Bankr. E.D. Cal. 2001).
“The notion of a transfer for “reasonably equivalent value” implies that the transfer process itself must be “reasonable” and consistent with normal marketing practices.”
Stickel v. Harris, 196 Cal. App. 3d 575 (Cal. Ct. App. 1987).
“is a person who, for a compensation or in expectation of compensation, regardless of the form or time of payment, does or negotiates to do one or more of the following acts for another or others: "(a) Sells or offers to sell, buys or offers to buy, solicits prospective sellers…”
Ngan Tang Nguyen v. Scott, 206 Cal. App. 3d 725 (Cal. Ct. App. 1988).
“But can it be inferred that the agency relationship was that of a real estate broker? Business and Professions Code section 10131 provides: “A real estate broker within the meaning of this part is a person who, for a compensation or in expectation of a compensation, regardless…”
Smith v. Home Loan Funding, Inc., 192 Cal. App. 4th 1331 (Cal. Ct. App. 2011).
“Business and Professions Code section 10131 provides in part: “A real estate broker within the meaning of this part is a person who, for a compensation or in expectation of a compensation, regardless of the form or time of payment, does or negotiates to do one or more of the…”
Del Mar v. Caspe, 222 Cal. App. 3d 1316 (Cal. Ct. App. 1990).
“n 10131, subdivision (d) provides: “A real estate broker within the meaning of this part is a person who, for a compensation or in expectation of a compensation, regardless of the form or time of payment, does or negotiates to do one or more of the following acts for another or…”
Venturi & Co. v. Pac. Malibu Dev. Corp., 172 Cal. App. 4th 1417 (Cal. Ct. App. 2009).
“*1421 DISCUSSION Business and Professions Code section 10131 defines a “real estate broker” as one who: “does or negotiates to do one or more of the following acts for another or others: [f] (a) .”
Tushner v. Savage, 219 Cal. App. 2d 71 (Cal. Ct. App. 1963).
“Business and Professions Code, section 10131, prior to its amendment in 1961, defining a real estate broker includes a person .”
Bock v. California Capital Loans, Inc., 216 Cal. App. 4th 264 (Cal. Ct. App. 2013).
“) Business and Professions Code section 10131 makes clear that a real estate broker can perform services for both lenders and borrowers in connection with loans secured by liens on real property.”
Hein v. Bobbitt (In Re Hein), 60 B.R. 769 (Bankr. S.D. Cal. 1986).
· cites it 2× “California Business and Professions Code § 10131 was amended in 1984, after In re Lara, to add the emphasized portion of the introductory paragraph, as follows: “A real estate broker within the meaning of this part is a person who, for a compensation or in the expectation of a…”
Cal. Business and Professions Code § 10131(a): 1 case
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