The commissioner may require that any or all materials used in obtaining advance fee
agreements, including but not limited to the contract forms, letters or cards used
to solicit prospective sellers, and radio and television advertising be submitted
to him or her at least 10 calendar days before they are used. Should the commissioner determine that any such matter, when used alone or with
any other matter, would tend to mislead he or she may, within 10 calendar days of
the date he or she receives same, order that it not be used, disseminated, nor published. Any person or entity using, disseminating, or publishing any matter which the commissioner has ordered,
pursuant to this section, not to be used, published, or disseminated shall be guilty
of a misdemeanor punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or by imprisonment in the county jail not exceeding six months, or both, for each
such use, dissemination, or publication.
The commissioner may determine the form of the advance fee agreements, and all material
used in soliciting prospective owners and sellers shall be used in the form and manner
which he or she determines is necessary to carry out the purposes and intent of this
Any violation of any of the provisions of this part or of the rules, regulations,
orders or requirements of the commissioner thereunder shall constitute grounds for
disciplinary action against a licensee, or for proceedings under Section 10081 of this code, or both. These sanctions are in addition to the criminal proceedings hereinbefore provided.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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