California Business and Professions Code 10130 – It is unlawful for any person to engage in the business of, act in …
It is unlawful for any person to engage in the business of, act in the capacity of, advertise as, or assume to act as a real estate broker or a real estate salesperson within this state without first obtaining a real estate license from the department, or to engage in the business of, act in the capacity of, advertise as, or assume to act as a mortgage loan originator within this state without having obtained a license endorsement.
The commissioner may prefer a complaint for violation of this section before any court of competent jurisdiction, and the commissioner and his or her counsel, deputies, or assistants may assist in presenting the law or facts at the trial.
Terms Used In California Business and Professions Code 10130
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- County: includes city and county. See California Business and Professions Code 17
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Salesperson: when used without modification, means a person licensed as a salesperson under any of the provisions of this part. See California Business and Professions Code 10013
- State: means the State of California, unless applied to the different parts of the United States. See California Business and Professions Code 21
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
It is the duty of the district attorney of each county in this state to prosecute all violations of this section in their respective counties in which the violations occur.
(Amended by Stats. 2012, Ch. 569, Sec. 2. (AB 1950) Effective January 1, 2013.)