Before soliciting business for a brokerage office operating under a fictitious business name, the broker is not required to:
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record the fictitious name with the recorder’s office in the county where their main office is located.
California Business and Professions Code requires recording the fictitious name with the county recorder where the main office is located. Failure to do so can result in penalties and inability to enforce contracts under that name.
publish the “doing business as” (DBA) in a newspaper of general circulation.
California law mandates publishing the fictitious business name in a newspaper of general circulation in the county where the principal place of business is located, typically once a week for four consecutive weeks.
have a broker’s license issued by the Department of Real Estate (DRE) with that name.
b. publish the “doing business as” (DBA) in a newspaper of general circulation. c. have a broker’s license issued by the Department of Real Estate (DRE) with that name. d. publish an office policy manual under the fictitious business name.
While not specifically required by law, having an office policy manual is a best practice for all brokerage operations, including those under fictitious names. It demonstrates professionalism and helps ensure compliance.
Why is this correct?
A broker's license is issued to the individual, not the business name. A single broker's license covers all business operations under that broker's supervision, regardless of the name used. The DRE doesn't issue separate licenses for different business names.
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