California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 1289 — Real property disclosure requirements.

Last action — Chaptered by Secretary of State - Chapter 907, Statutes of 2018.

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  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 17, 2017. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 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 licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Bureau of Real Estate. Existing civil law governing agency listings for the transfer of certain property, which includes real property and mobilehomes, prohibits a listing from being placed in a multiple listing service (MLS) , as defined, unless authorized or directed by the owner in the listing. If an open listing is placed in the multiple listing service, existing law requires the total compensation that the owner is to pay to go to the selling agent who procures an enforceable offer from a ready, able, and willing buyer on the terms accepted by the owner. Existing law does not require an open listing to specify compensation to the selling agent, but authorizes the open listing to state that the compensation is to be negotiated between the selling agent and the owner. Existing law authorizes an open listing to contain an agreement by the owner to pay the listing agent compensation in any amount, at any time, and for any services, other than for selling the property or procuring or finding a buyer, as the agreement may specify. This bill would delete those provisions relating to an open listing and would revise and recast those provisions to make definitions in the Real Estate Law applicable to these provisions. Existing civil law governing disclosures upon the transfer of residential property requires the transferor of any real property to deliver to the prospective transferee a specified written statement disclosure subject to specified requirements. If any disclosure, or any material amendment of any disclosure, is delivered after the execution of an offer to purchase, existing law requires the transferee to have a specified period of time to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent. Existing law requires these disclosures to be made on a specified form. This bill would make the definitions in the Real Estate Law applicable to these provisions. The bill would provide that the period of time the prospective buyer has in which to terminate his or her offer commences when the 3 sections of the disclosure form are completed and delivered to the buyer or buyer's agent. The bill would also authorize a real estate agent to complete his or her portion of the disclosure by providing all of the information on the agent's inspection disclosure, as specified. The bill would increase the length of time that the transferee has to terminate his or her offer if the delivery of a record was made electronically, as specified. Existing law authorizes a city or county to elect to require a local option real estate disclosure document in addition to the real estate transfer disclosure document. This bill would update the content of that optional disclosure document based on making the Real Estate Law definitions applicable to these provisions. Existing law generally requires the disclosure of natural and environmental hazards, right-to-farm, and other disclosures upon the transfer of residential property. Under existing law, if more than one licensed real estate broker is acting as an agent in a transaction, the broker who has obtained the offer made by the transferee is required to deliver the disclosure to the transferee, unless the transferor has given other written instructions for delivery. If any disclosure, or any material amendment of any disclosure, is delivered after the execution of an offer to purchase, existing law requires the transferee to have a specified period of time to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent. This bill would make the definitions in the Real Estate Law applicable to these provisions. The bill would update the content of the Natural Hazard Disclosure Statement based on those newly defined terms. The bill would increase the length of time that the transferee has to terminate his or her offer if the delivery of a record was made electronically, as specified. Under existing law, real estate brokers and salespersons owe certain duties to prospective purchasers of real property. This bill would modify, add to, and delete, some of the definitions applicable to these provisions. Existing law requires listing agents and selling agents to provide the seller and buyer in a real property transaction with a copy of a disclosure form regarding real estate agency relationships. Existing law further requires these agency relationships to be confirmed to the buyer and seller in a specified form. This bill revise the content of the disclosure form to include certain information, including seller and buyer responsibilities. The bill would also revise the content of the form required to confirm real estate agent relationships. Existing law requires the selling agent to provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase and authorizes a selling agent that does not deal face to face with the seller to furnish the disclosure form by certified mail or by the listing agent. Existing law prohibits a selling agent in a real property transaction from acting as an agent for the buyer only when the selling agent is also acting as the listing agent. This bill would eliminate those provisions. Existing law prohibits a dual agent from disclosing to the buyer that the seller is willing to sell the property at a price less than the listing price or that the buyer is willing to pay a price greater than the offering price without the express written consent of the seller or buyer, respectively. This bill would eliminate that prohibition and instead prohibit a dual agent from disclosing to the buyer or seller any confidential information without express permission. The bill would make the operation of its provisions contingent on the enactment of Assembly Bill 2884. The bill would also specify that neither its provisions nor those of Assembly Bill 2884 are to be construed to affect certain existing duties of real estate brokers, salespersons, and related persons.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 907, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5607.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  9. Read second time and amended. Re-referred to Com. on APPR.

  10. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 27).

  11. Read second time and amended. Re-referred to Com. on B. & F.I.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on B. & F.I. (Ayes 7. Noes 0.) (June 12).

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  14. Referred to Coms. on JUD. and B. & F.I.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 3868.)

  17. Read second time. Ordered to Consent Calendar.

  18. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (January 18).

  19. Re-referred to Com. on APPR.

  20. Read second time and amended.

  21. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (January 9).

  22. In committee: Set, second hearing. Hearing canceled at the request of author.

  23. Re-referred to Com. on JUD.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  25. In committee: Hearing postponed by committee.

  26. In committee: Set, first hearing. Hearing canceled at the request of author.

  27. Referred to Com. on JUD.

  28. From printer. May be heard in committee March 21.

  29. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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 1289 ARAMBULA Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Kiley — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Chau — Yea
Holden — Yea
Gray — Yea
Kamlager-Dove — Yea
Rubio — Yea
Levine — Yea
Rivas — Yea
Low — Yea
Mayes — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Cunningham — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Obernolte — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Ting — Yea
Voepel — Yea
Waldron — Yea
Friedman — Yea
Chiu — Yea
Harper — Yea
O'Donnell — Yea
Steinorth — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB1289 Arambula By Hill

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 5000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Chang — Yea
Cannella — Yea
Beall — Yea
Delgado — Yea
Hill — Yea
Allen — Yea
De León — Yea
Atkins — Yea
Mitchell — Yea
Dodd — Yea
Leyva — Yea
Moorlach — Yea
Nielsen — Yea
Portantino — Yea
Hernandez — Yea
Monning — Yea
Wilk — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 1289 do?
The Real Estate Law provides for the licensure and regulation of real estate brokers and salespersons by the Real Estate Commissioner, the chief officer of the Bureau of Real Estate. Existing civil law governing agency listings for the transfer of certain property, which includes real property and mobilehomes, prohibits a listing from being placed in a multiple listing service (MLS) , as defined, unless authorized or directed by the owner in the listing. If an open listing is placed in the multiple listing service, existing law requires the total compensation that the owner is to pay to go to the selling agent who procures an enforceable offer from a ready, able, and willing buyer on the terms accepted by the owner. Existing law does not require an open listing to specify compensation to the selling agent, but authorizes the open listing to state that the compensation is to be negotiated between the selling agent and the owner. Existing law authorizes an open listing to contain an agreement by the owner to pay the listing agent compensation in any amount, at any time, and for any services, other than for selling the property or procuring or finding a buyer, as the agreement may specify. This bill would delete those provisions relating to an open listing and would revise and recast those provisions to make definitions in the Real Estate Law applicable to these provisions. Existing civil law governing disclosures upon the transfer of residential property requires the transferor of any real property to deliver to the prospective transferee a specified written statement disclosure subject to specified requirements. If any disclosure, or any material amendment of any disclosure, is delivered after the execution of an offer to purchase, existing law requires the transferee to have a specified period of time to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent. Existing law requires these disclosures to be made on a specified form. This bill would make the definitions in the Real Estate Law applicable to these provisions. The bill would provide that the period of time the prospective buyer has in which to terminate his or her offer commences when the 3 sections of the disclosure form are completed and delivered to the buyer or buyer's agent. The bill would also authorize a real estate agent to complete his or her portion of the disclosure by providing all of the information on the agent's inspection disclosure, as specified. The bill would increase the length of time that the transferee has to terminate his or her offer if the delivery of a record was made electronically, as specified. Existing law authorizes a city or county to elect to require a local option real estate disclosure document in addition to the real estate transfer disclosure document. This bill would update the content of that optional disclosure document based on making the Real Estate Law definitions applicable to these provisions. Existing law generally requires the disclosure of natural and environmental hazards, right-to-farm, and other disclosures upon the transfer of residential property. Under existing law, if more than one licensed real estate broker is acting as an agent in a transaction, the broker who has obtained the offer made by the transferee is required to deliver the disclosure to the transferee, unless the transferor has given other written instructions for delivery. If any disclosure, or any material amendment of any disclosure, is delivered after the execution of an offer to purchase, existing law requires the transferee to have a specified period of time to terminate his or her offer by delivery of a written notice of termination to the transferor or the transferor's agent. This bill would make the definitions in the Real Estate Law applicable to these provisions. The bill would update the content of the Natural Hazard Disclosure Statement based on those newly defined terms. The bill would increase the length of time that the transferee has to terminate his or her offer if the delivery of a record was made electronically, as specified. Under existing law, real estate brokers and salespersons owe certain duties to prospective purchasers of real property. This bill would modify, add to, and delete, some of the definitions applicable to these provisions. Existing law requires listing agents and selling agents to provide the seller and buyer in a real property transaction with a copy of a disclosure form regarding real estate agency relationships. Existing law further requires these agency relationships to be confirmed to the buyer and seller in a specified form. This bill revise the content of the disclosure form to include certain information, including seller and buyer responsibilities. The bill would also revise the content of the form required to confirm real estate agent relationships. Existing law requires the selling agent to provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase and authorizes a selling agent that does not deal face to face with the seller to furnish the disclosure form by certified mail or by the listing agent. Existing law prohibits a selling agent in a real property transaction from acting as an agent for the buyer only when the selling agent is also acting as the listing agent. This bill would eliminate those provisions. Existing law prohibits a dual agent from disclosing to the buyer that the seller is willing to sell the property at a price less than the listing price or that the buyer is willing to pay a price greater than the offering price without the express written consent of the seller or buyer, respectively. This bill would eliminate that prohibition and instead prohibit a dual agent from disclosing to the buyer or seller any confidential information without express permission. The bill would make the operation of its provisions contingent on the enactment of Assembly Bill 2884. The bill would also specify that neither its provisions nor those of Assembly Bill 2884 are to be construed to affect certain existing duties of real estate brokers, salespersons, and related persons.
Who sponsors AB 1289?
AB 1289 is sponsored by Arambula, Joaquin (Democratic).
What is the current status of AB 1289?
This bill has been enacted into law. Introduced February 17, 2017. Enacted.
Where can I track AB 1289?
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