License Disclosure Requirements for Mortgage Advertising (RE 858), Rev 4/19

STATE OF CALIFORNIA

DEPARTMENT OF REAL ESTATE

LICENSE DISCLOSURE REQUIREMENTS FOR MORTGAGE ADVERTISING

RE 858 (Rev. 4/19)

The following chart shows the required disclosures of licensure based on the purpose of the mortgage loan advertisement. In addition

to the information in the chart, the requirements of Business and Professions Code (B&P) Section 10140.6(b) apply to all first point-

of-contact materials designed to solicit the creation of a professional relationship between the licensee and consumer.

Please note: All disclosure requirements of licensure can be located in B&P Sections 10140.6, 10235.5, 10236.4, and Title 10,

beginning with Section 2770, of the Regulations of the Real Estate Commissioner. (See below.)

Advertising Media

Questions?

If you have questions, please call the Mortgage Loan Activities

The disclosures are required in all advertising including, but not

section at (877) 373-4542 or write to: Department of Real

limited to, flyers, mailers, TV, radio, newspapers, magazines,

Estate, Attn: Mortgage Loan Activities, P.O. Box 137015,

yellow pages, and the Internet.

Sacramento, CA 95813-7015.

Required

Disclosures

Advertising Purposes

First Point of Contact Only

(Business cards, email,

etc.)

Soliciting for Borrowers

Soliciting for Investors/Lenders

and/or Note Purchasers

Phrasing

CA Bur of Real Estate – Real Estate Broker;

Real Estate Broker – CA Bur of Real Estate

- AND -

Broker, agent, Realtor, loan correspondent or

abbreviations bro., agt., or other similar terms

or abbreviations

Broker, agent, Realtor, loan

correspondent or abbreviations

bro., agt., or other similar terms

or abbreviations

Broker, agent, Realtor, loan

correspondent or

abbreviations bro., agt., or

other similar terms or

abbreviations

DRE License

Number

8-digit license number of each licensee in the

- AND -

8-digit license number of the broker

8-digit license number of each

licensee in the advertisement

- AND -

8-digit license number of the

broker

8-digit license number of

each licensee in the

NMLS Unique

Identifier*

Unique identifier of each licensee in the

advertisement*

- AND -

Unique identifier of the broker*

N/A

Unique identifier of each

licensee disseminating the

materials*

(Unique identifier of the

employing broker or

corporation not required)

Font Size

Requirement

No less than the smallest font used in the

No less than the smallest font

used in the advertisement

No less than the smallest font

used in the advertisement

*Only applies to residential mortgage loan originators, as defined in Section 10166.01 of the Business and Professions Code.

PERTINENT CODES & REGULATIONS

Business and Professions Code

Disclosure of Licensed Status in Advertising

10140.6. (a) A real estate licensee shall not publish, circulate,

distribute, or cause to be published, circulated, or distributed

in any newspaper or periodical, or by mail, any matter

pertaining to any activity for which a real estate license is

required that does not contain a designation disclosing that he

or she is performing acts for which a real estate license is

required.

(b) (1) A real estate licensee shall disclose his or her license

identification number and, if that licensee is a mortgage

loan originator, the unique identifier assigned to that

licensee by the Nationwide Mortgage Licensing System

and Registry, on all solicitation materials intended to be

the first point of contact with consumers and on real

property purchase agreements when acting as an agent in

those transactions.

The commissioner may adopt regulations identifying the

materials in which a licensee must disclose a license

identification number and, if that licensee is a mortgage

loan originator, the unique identifier assigned to that

licensee by the Nationwide Mortgage Licensing System

and Registry.

(2) For purposes of this section, "solicitation materials

intended to be the first point of contact with consumers"

includes business cards, stationery, advertising fliers, and

other materials designed to solicit the creation of a

professional relationship between the licensee and a

RE 858 – Page 2 of 3

consumer, and excludes an advertisement in print or

electronic media and "for sale" signs.

(3) Nothing in this section shall be construed to limit or

change the requirement described in Section 10236.4 as

applicable to real estate brokers.

rental advertisements reciting the telephone number at the

premises of the property offered for rent or the address of the

property offered for rent.

(d) "Mortgage loan originator," "unique identifier," and

"Nationwide Mortgage Licensing System and Registry" have

the meanings set forth in Section 10166.01.

Advertising of Loan – License Disclosure

10235.5. (a) No real estate licensee or mortgage loan

originator shall place an advertisement disseminated primarily

in this state for a loan unless there is disclosed within the

printed text of that advertisement, or the oral text in the case of

a radio or television advertisement, the Department of Real

Estate license number and the unique identifier assigned to

that licensee by the Nationwide Mortgage Licensing System

and Registry under which the loan would be made or arranged.

(b) "Mortgage loan originator," "unique identifier," and

"Nationwide Mortgage Licensing System and Registry" have

the meanings set forth in Section 10166.01.

Disclosure of License Number in Advertisement; License

Number and DRE License Information Telephone Number

in Disclosure Statements

10236.4. (a) In compliance with Section 10235.5, every

licensed real estate broker shall also display his or her license

number on all advertisements where there is a solicitation for

borrowers or potential investors. Every mortgage loan

originator, as defined in Section 10166.01, shall also display

the unique identifier assigned to that individual by the

Nationwide Mortgage Licensing System and Registry on all

advertisements where there is a solicitation for borrowers.

(b) The disclosures required by Sections 10232.4 and 10240

shall include the licensee's license number, the mortgage loan

originator's unique identifier, if applicable, and the

department's license information telephone number. *

"Nationwide Mortgage Licensing System and Registry" have

the meanings set forth in Section 10166.01.

[*The DRE’s licensing information telephone number is not

required on advertisements for loan activities. The number is

required to be on the Lender/Purchaser Disclosure Statement

and the Mortgage Loan Disclosure Statement.]

Commissioner’s Regulations

2770.1. Advertising - License Designation.

Use of the terms broker, agent, Realtor, loan correspondent or

the abbreviations bro., agt., or other similar terms or

abbreviations, is deemed sufficient identification to fulfill the

designation requirements of Section 10140.6(a) and (c) of the

Business and Professions Code.

Use of the terms and abbreviations set forth above does not

satisfy the requirements of Sections 10235.5 and 17539.4 of

the Code.

2773. Disclosure of License Identification Number on

Solicitation Materials - First Point of Contact with

Consumers.

(a) A real estate broker or salesperson, when engaging in acts

for which a license is required, shall disclose its, his or her

eight (8) digit real estate license identification number and

responsible broker’s name as currently licensed, and may, but

is not required to, also include the responsible broker’s license

identification number, on all solicitation materials intended to

be the first point of contact with consumers. If the name of

more than one licensee appears in the solicitation, the license

identification number of each licensee shall be disclosed. The

license identification numbers of responsible brokers or

corporate brokers whose names, logos or trademarks appear

on solicitation materials along with the names and license

numbers of salespersons or broker associates do not need to

appear on those materials. If the advertising is in written form,

the type size of the license identification number shall be no

smaller than the smallest size type used in the solicitation

material.

Solicitation materials intended to be the first point of contact

with consumers, and in which a licensee must disclose a

license identification number, include the following:

(1) Business cards;

(2) Stationery;

(3) Websites owned, controlled, and/or maintained by the

soliciting real estate licensee;

(4) Promotional and advertising flyers, brochures, postal

mail, leaflets, and any marketing or promotional

materials designed to solicit the creation of a

professional relationship between the licensee and a

consumer, or which is intended to incentivize, induce or

entice a consumer to contact the licensee about any

service for which a license is required;

(5) Advertisements in electronic media (including,

without limitation, internet, email, radio, cinema, and

television advertisements, and the opening section of

streaming video and audio);

(6) Print advertising in any newspaper or periodical; and

(7) “For sale,” “for rent,” “for lease,” “open house,” and

directional signs that display the name of the licensee.

(b) No license identification number is required where a “for

sale,” “for rent,” “for lease,” “open house,” or directional sign

has no name, trademark, or other branding of a real estate

licensee, or where the only licensee identified is a responsible

broker as defined in Business and Professions Code Section

10015.4.

point of contact solicitation are those advertisements that a

licensee purchases or directly places on an electronic platform,

where the licensee controls the content and presentation of the

advertisement, and which include information that is intended

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to enable consumers to directly contact the licensee. Instances

where another party controls the content and visual

presentation of the licensee’s information on a platform are

excluded from “advertisements in electronic media,” except

where the licensee subsequently adopts the content and

presentation of the content by distributing or forwarding the

advertisement to a consumer.

2847.3. Disclosure of License and Issuing Department.

(a) Use of either of the following statements shall satisfy the

requirements of Sections 10235.5 and 17539.4 of the Code.

(1) Real estate broker, California Department of Real

Estate.

dash (-) may be used in lieu of the comma appearing in

the statements set forth above in paragraphs (1) and (2).

(b) The type size of the statement as set forth in subdivision

(a) will also satisfy the designation requirements of Section

10140.6 of the Code.

also satisfy the designation requirements of Section

10140.6(a) and (c) of the Code.