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HomeBusiness and Professions CodeDiv. 4Pt. 1Ch. 3Art. 5§ 10231 Real Estate Escrow Restrictions

§ 10231 Real Estate Escrow Restrictions

Business and Professions Code·California
AI Summary·Official Text·Related Statutes·References
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§ 10231 Real Estate Escrow Restrictions

You can't take money from a buyer or lender for a real‑estate deal unless you have a special permit or the deal is a specific loan or property contract that you’re allowed to handle.

Key Takeaways

  • •Don’t accept purchase or loan money unless you have a permit under the Corporate Securities Law.
  • •You may only take money for a specific loan or property contract that you’re authorized to negotiate or have fully paid for.
  • •You need a written, unconditional contract or clear authority before handling the funds.

Example

A real‑estate agent who does not have a securities permit asks a buyer to give a down‑payment for a house that isn’t listed yet.

The law says the agent can’t accept that money because they don’t have the required permit and the sale isn’t a specific, approved contract they’re authorized to negotiate.

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

Official Source
View on CA.gov

§ 10231 Real Estate Escrow Restrictions

Except as authorized by permit issued pursuant to the applicable provisions of the Corporate Securities Law of 1968 (Section 25000 et seq. of the Corporations Code), no person in doing any of the acts set forth in subdivision (d) of Section 10131, subdivision (e) of Section 10131, and Section 10131.1 shall accept any purchase or loan funds or other consideration from a prospective purchaser or lender, or directly or indirectly cause such funds or other consideration to be deposited in an escrow except as to a specific loan or a specific real property sales contract or promissory note secured directly or collaterally by a lien on real property on which loan, contract or note the person has a bona fide authorization to negotiate or to sell or which has been bought and completely paid for by the licensee, or has an unconditional written contract which obligates him to purchase a specific real property sales contract or promissory note secured directly or collaterally by a deed of trust.

Last verified: February 26, 2026

Related Statutes

  • § 10230 Broker Loan Negotiation Exemption
  • § 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 10231.
View Official Source