(a) 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 agreement. A violation of this subdivision shall also constitute a violation of § 1670.12 of the Civil Code.

(b) For purposes of this section, “exclusive listing agreement” means any contract or agreement providing an exclusive right to list or sell residential real property, including:

Terms Used In California Government Code 27280.6

  • Contract: A legal written agreement that becomes binding when signed.
  • County: includes city and county. See California Government Code 19
  • Notice: includes all papers and orders required to be served in any proceedings before any court, board, or officer, or when required by law to be served independently of such proceeding. See California Government Code 26660
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10

(1) An exclusive agreement as described in Section 10018.15 or 10018.16 of the Business and Professions Code.

(2) A contract or agreement to enter into any such agreement or arrangement.

(c) 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. 3. (AB 1345) Effective January 1, 2024.)

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