California 2009-2010 Regular Session Status: Enacted

AB 1762 — Real estate.

Last action — Chaptered by Secretary of State - Chapter 85, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Real Estate Law provides for the regulation and licensure of real estate brokers and salespersons by the Real Estate Commissioner. As used in the Real Estate Law, the term "advance fee" is defined as a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee from a principal before fully completing each and every service the licensee contracted to perform, or represented would be performed, with certain exceptions. This bill would redefine the term "advance fee" to mean a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee for services requiring a license, or for a listing, as defined, before fully completing the service the licensee contracted to perform or represented would be performed, with certain exceptions. The bill would, in addition to the existing exceptions, also exempt from the definition of advance fee moneys claimed, demanded, charged, received, or collected for the purposes of advertising the sale, lease, or exchange of real property or a business opportunity in a newspaper, written publication, or other electronic media, as specified, or moneys earned for real estate services under a limited service contract, as defined, for stand-alone services. The bill would also exempt from that definition a contract between a real estate broker and a principal that requires payment of a commission to the broker after the contract is fully performed.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 85, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 79. Noes 0. Page 5924.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 30 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 32. Noes 0. Page 4098.)

  7. Ordered to Special Consent Calendar.

  8. Read second time. To third reading.

  9. Withdrawn from committee. Ordered placed on second reading file.

  10. From committee: Do pass, and re-refer to Com. on RLS. with recommendation: To Consent Calendar. Re-referred. (Ayes 9. Noes 0.) (June 16).

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., F. & I.

  12. Referred to Coms. on B., F. & I. and RLS.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 4546.)

  15. Read second time. To third reading.

  16. From committee: Do pass. (Ayes 10. Noes 0.) (March 23).

  17. Referred to Com. on B. & P.

  18. From printer. May be heard in committee March 12.

  19. Read first time. To print.

Sponsors

  • Hayashi · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Hayashi

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1762 HAYASHI Concurrence in Senate Amendments

Passed 91 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 85000
Democratic 3000
Republican 3000
Total 91000
% of votes cast 100%0%0%0%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Blakeslee — Yea
Feuer — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fuentes — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Cook — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Coto — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Special Consent #28 AB1762 Hayashi

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 30007
Democratic 2000
Republican 1000
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Cedillo — Yea
Cogdill — Yea
Hancock — Yea
Hollingsworth — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Kehoe — Not Voting
Liu — Yea
Corbett — Yea
Ducheny — Yea
Dutton — Yea
McLeod — Yea
Ashburn — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Romero — Yea
Walters — Yea
Wright — Yea
Emmerson — Yea
Correa — Not Voting
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 1762 HAYASHI Assembly Third Reading

Passed 82 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 77008
Democratic 2001
Republican 3000
Total 82009
% of votes cast 90%0%0%10%
How each member voted (91)
Member Party Vote
Hagman — Yea
Ammiano — Yea
Bass — Yea
Carter — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
DeVore — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Perez — Yea
Charles — Not Voting
V. — Not Voting
Manuel — Not Voting
Perez — Not Voting
Davis — Not Voting
Adams — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Not Voting
Jeffries — Yea
Logue — Not Voting
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Feuer — Yea
Yamada — Yea
Furutani — Yea
Gilmore — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 9001
Republican 1000
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Conway — Yea
Hernandez — Yea
Nava — Yea
Ruskin — Yea
Hayashi — Yea
Hill — Yea
Ma — Yea
Smyth — Not Voting
Emmerson — Yea
Eng — Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1762 do?
The Real Estate Law provides for the regulation and licensure of real estate brokers and salespersons by the Real Estate Commissioner. As used in the Real Estate Law, the term "advance fee" is defined as a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee from a principal before fully completing each and every service the licensee contracted to perform, or represented would be performed, with certain exceptions. This bill would redefine the term "advance fee" to mean a fee, regardless of the form, that is claimed, demanded, charged, received, or collected by a licensee for services requiring a license, or for a listing, as defined, before fully completing the service the licensee contracted to perform or represented would be performed, with certain exceptions. The bill would, in addition to the existing exceptions, also exempt from the definition of advance fee moneys claimed, demanded, charged, received, or collected for the purposes of advertising the sale, lease, or exchange of real property or a business opportunity in a newspaper, written publication, or other electronic media, as specified, or moneys earned for real estate services under a limited service contract, as defined, for stand-alone services. The bill would also exempt from that definition a contract between a real estate broker and a principal that requires payment of a commission to the broker after the contract is fully performed.
Who sponsors AB 1762?
AB 1762 is sponsored by Hayashi.
What is the current status of AB 1762?
This bill has been enacted into law. Introduced February 09, 2010. Enacted.
Where can I track AB 1762?
Track AB 1762 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 1762

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 1762

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →