Current through Register 2021 Notice, Register No. 40, October 1, 2021
(a) A real
estate broker who obtains documents in connection with any transaction for
which a real estate broker license is required when such documents contain an
electronic signature pursuant to the Uniform Electronic Transactions Act
(Section 1633.1 et seq. of the Civil Code) or the Electronic Signatures in
Global and National Commerce Act shall retain a copy of such documents,
including the electronic signatures. The broker shall retain a copy of such
documents by: 1) Causing a paper copy of the document to be made or 2) By using
electronic image storage media pursuant to Section 2729. The broker may retain
copies of such documents at a location other than the broker's place of
(b) A broker shall
maintain at the broker's office a means of viewing copies of documents or
records stored pursuant to this section. After notice, such documents or
records shall be made available for examination, inspection, and copying by the
Commissioner or his or her designated representative during regular business
hours. The broker shall provide, at the broker's expense, a paper copy of any
document or record requested by the Bureau.
(c) Nothing in this section shall be
construed to permit a broker to avoid compliance with Section 10148 of the
Cal. Code Regs. Tit.
Note: Authority cited: Section
Business and Professions Code. Reference: Section
Business and Professions Code.
1. New section filed
6-20-2002; operative 7-20-2002 (Register 2002, No. 25).
without regulatory effect amending subsection (b) filed 6-30-2014 pursuant to
section 100, title 1, California Code of Regulations (Register
2014, No. 27).