Is it unlawful for a person to act as a real estate broker or salesperson without obtaining a license?

California, United States of America


The following excerpt is from Merrifield v. Edmonds, 146 Cal.App.3d 336, 194 Cal.Rptr. 104 (Cal. App. 1983):

Section 10130 declares it unlawful for anyone to act as a real estate broker or salesperson without first obtaining a license. Section 10131 defines real estate broker as one who does certain enumerated acts (such as negotiating the purchase or sale of real property) for another and for compensation. Section 10132 defines real estate salesperson as one "... who, for a compensation or in expectation of a compensation, is employed by a licensed real estate broker to do one or more of the [enumerated] acts [which a broker may do]." A real estate salesperson cannot contract in his or [146 Cal.App.3d 343] her own name or accept compensation except from the broker under whom he or she is licensed. ( 10137; Grand v. Griesinger (1958) 160 Cal.App.2d 397, 406, 325 P.2d 475.)

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