SECTIONS 10500-10513 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 10500-10513

10500. Except as otherwise provided in Section 10131.4 and this
chapter, it is unlawful for any person to engage in any of the
following acts for another or others for compensation or in
expectation of compensation, unless the person is licensed as a
mineral, oil, and gas broker or a real estate broker:
(a) To sell or offer for sale, buy or offer to buy, solicit
prospective sellers or purchasers, solicit or obtain listings, or
negotiate the purchase, sale, or exchange of mineral, oil, or gas
property.
(b) To solicit borrowers or lenders for or negotiate loans on
mineral, oil, or gas property, or collect payments for lenders in
connection with these loans.
(c) To lease or offer to lease or negotiate the sale, purchase, or
exchange of leases on mineral, oil, or gas property.
(d) To rent or place for rent, mineral, oil, or gas property or to
collect rent or royalties from mineral, oil, or gas property or
improvements thereon.
(e) Other than as an officer or employee of the state or federal
government, to assist or offer to assist another or others in filing
an application for the purchase or lease of, or to locate or enter
upon mineral, oil, or gas property owned by the state or federal
government.

10500.5. Except as otherwise provided in Section 10131.45 and in
this chapter, it is unlawful for any person to engage in the
following businesses as a principal unless the person is licensed as
a mineral, oil, and gas broker or a real estate broker:
(a) Except as provided in subdivision (d) of Section 10502, buying
or leasing, or taking an option on mineral, oil, or gas property for
the purpose of sale, exchange, lease, sublease, or assignment of a
lease of the property or any part of the property.
(b) Offering mining claims or any interest therein for sale or
assignment.

10501. (a) The Real Estate Commissioner may file a complaint for
any violation of Section 10500 or 10500.5 before any court of
competent jurisdiction, and the commissioner and the commissioner's
counsel, deputies or assistants may assist in presenting the law or
facts at the trial.
(b) It is the duty of the district attorney of the county in which
a violation of Section 10500 or 10500.5 occurs to prosecute the
violation.
(c) A natural person convicted of a violation of Section 10500 or
10500.5 shall be punished by a fine of not to exceed five hundred
dollars ($500) or by imprisonment in the county jail for a term not
to exceed six months, or by both such fine and imprisonment, in the
discretion of the court. A corporation convicted of a violation of
Section 10500 or 10500.5 shall be punished by a fine of not to exceed
five thousand dollars ($5,000).

10502. A mineral, oil and gas broker license shall not be required
to engage in any of the following activities with respect to a
mineral, oil or gas property:
(a) To act as a depository under an oil lease, gas lease or oil
and gas lease other than for purpose of sale.
(b) To engage in any transaction subject to an order of a court of
competent jurisdiction.
(c) To engage in the business of drilling for or producing oil or
gas or mining for or producing minerals.
(d) To negotiate leases or agreements between an owner of mineral,
oil or gas lands, leases or mineral rights on the one hand, and a
person organized for or engaging in oil or gas or mineral or metal
production on the other, or to enter into leases or agreements with
an owner of mineral, oil, or gas lands, leases, or mineral rights on
behalf of a disclosed or undisclosed person organized for or engaging
in oil or gas or mineral or metal production.
(e) To deal with mineral rights or land, other than oil or gas
rights or land, as the owner of the rights or land.

10503. Mineral, oil or gas property refers to land used for,
intended to be used for, or concerning which representations are made
with respect to, the mining of minerals or the extraction of oil or
gas therefrom.

10508. No person engaged in the business or acting in the capacity
of a mineral, oil and gas broker within this state shall bring or
maintain any action in the courts of this state for the collection of
compensation for the performance of any of the acts mentioned in
this article without alleging and proving that he was a duly licensed
mineral, oil and gas broker at the time the alleged cause of action
arose.

10509. (a) It is unlawful for a mineral, oil, and gas broker or a
real estate broker to employ or compensate, directly or indirectly,
any person who is not a mineral, oil, and gas broker or a licensed
real estate salesperson in the employ of the real estate broker for
performing any acts for which a mineral, oil, and gas broker license
is required.
(b) It is a misdemeanor, punishable by a fine of not exceeding one
hundred dollars ($100) for each offense, for any person, whether
obligor, escrow holder or otherwise, to pay or deliver compensation
to a person for performing any acts for which a mineral, oil, and gas
broker license is required unless that person is known by the payer
to be or has presented evidence to the payer that he or she was a
licensed mineral, oil, and gas broker at the time the compensation
was earned.

10512. Every officer, agent or employee of any company, and every
other person who knowingly authorizes, directs or aids in the
publication, advertisement, distribution or circularization of any
false statement or representation concerning any mineral, oil or gas
property, or, if the mineral, oil or gas property is owned by the
state or federal government, which such person offers to assist
another or others to file an application for the purchase or lease
of, or to locate or enter upon, and every person who, with knowledge
that any advertisement, pamphlet, prospectus or letter concerning any
mineral, oil or gas property or any written statement that is false
or fraudulent, issues, circulates, publishes or distributes the same,
or causes the same to be issued, circulated, published or
distributed, or who in any other respect willfully violates or fails,
omits, or neglects to obey, observe or comply with any order,
permit, decision, demand or requirement of the commissioner under the
provisions of this part relating to mineral, oil and gas brokerage,
is guilty of a misdemeanor, and shall be punished by imprisonment in
the county jail for a term not to exceed six months, or by a fine of
not to exceed one thousand dollars ($1,000), and, if a mineral, oil
and gas licensee, he shall be held to trial by the commissioner for a
suspension or revocation of his mineral, oil and gas license, as
provided in the provisions of this part relating to hearings. It
shall be the duty of the district attorney of each county in this
state to prosecute all violations of the provisions of this section
in respective counties in which the violations occur.

10513. In performing acts within the scope and under the authority
of this chapter, mineral, oil and gas brokers are subject to the
provisions applicable to real estate brokers contained in Sections
10131.5, 10140.5, 10142, 10143.5, 10144, 10145, and 10148.