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HomeBusiness and Professions CodeDiv. 4Pt. 1Ch. 3Art. 5§ 10230 Broker Loan Negotiation Exemption

§ 10230 Broker Loan Negotiation Exemption

Business and Professions Code·California
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§ 10230 Broker Loan Negotiation Exemption

The law says the rules in this article don't cover a real estate broker's loan work when the broker is just acting as an agent for the buyer or seller in a qualifying property deal, unless the broker also has money in the loan.

Key Takeaways

  • •The article's rules don't apply to a broker's loan negotiations when the broker is only an agent for the parties in a qualifying real‑estate sale.
  • •A "qualifying" sale is one that follows the specific civil‑code requirements listed elsewhere.
  • •If the broker has any direct or indirect money interest in the loan, the exemption is lost and the article's rules do apply.

Example

A broker helps a homeowner sell a house and also helps the buyer get a loan for the purchase. The broker is only the agent for the buyer and seller.

Because the broker is just acting as an agent, the article's rules don't apply to the loan negotiation. But if the broker also puts his own money into that loan, the exemption disappears and the rules do apply.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 10230 Broker Loan Negotiation Exemption

(a)The provisions of this article do not apply to the negotiation of a loan by or on behalf of a real estate broker in connection with a qualifying sale or exchange of real property in which the broker acted as the agent of one or more of the parties to the sale or exchange, nor to the sale or exchange by or on behalf of the broker of a promissory note created for the purpose of financing a qualifying real property sale or exchange transaction in which the broker acted as the agent of one or more of the parties to the qualifying real property sale or exchange regardless of the time of the sale or exchange of the promissory note. For the purposes of this subdivision, a “qualifying” sale or exchange of real property is one that is subject to the requirements of Article 3 (commencing with Section 2956) of Chapter 2 of Title 14 of Part 4 of Division 3 of the Civil Code. (b)Subdivision (a) shall not apply to the negotiation of loans nor to sales or exchanges of promissory notes in connection with the financing of a real property sale or exchange transaction in which the broker had a direct or indirect monetary interest as a party.

Last verified: February 26, 2026

Related Statutes

  • § 10231 Real Estate Escrow Restrictions
  • § 10231.1 Real Estate Fund Retention Limits
  • § 10231.2 Broker Fund Solicitation Requirements
  • § 10232 Bulk Real Estate Transactions
  • § 10232.1 Real Estate Advertisement Approval

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 10230.
View Official Source