Legal Question in Real Estate Law in California

Is it legal to apply/receive a real estate agent license in numerous fictitous names? For example: if your brith name is Mark Arthur...ll, could you also apply/receive a license in the name Mark Arthur..., Mark Aaron..., Mark Allen..., Mark Andrew...and so on...


Asked on 10/13/11, 10:40 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

When you apply to the state the form will ask for your name so a background check can be made. When the data base shows your multiple names they will yank all your licenses. What is the purpose of different names.

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Answered on 10/13/11, 11:04 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A corporate licensee can use a fictitious name. I don't see why a sole proprietor (individual) could not also adopt a fictitious business name. For example, Joe Jones, licensed broker, may want to do business as Jones Fine Properties. As far as I know, the DRE rules permit this, but all the relevant facts would have to be reported to the DRE and the facts would appear when you did a license check on either the real or fictitious name. On the other hand, the proliferation of what appear to be personal names may indicate an attempt at fraud. A broker named Samuel could call himself Sam or Sammy informally, but the various Marks in your example doesn't seem proper. Also, fictitious business names must be registered and published.

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Answered on 10/14/11, 9:42 am


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