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California - CoBranding: Creating a Salesperson owned DBA (“FBN” - Fictitious Business Name)

  • Updated

 

 

Team Name vs DBA/Fictitious Business Name (FBN)

A Team name is not the same as a DBA:

  • IF the Team Name meets Team Name Requirements (see below), a DBA/FBN is not needed:
    • Under California regulations, a compliant team name must:
      • Include the surname of at least one member of the team;
      • Consist of at least two individuals (a single agent may not use a Team Name); and
      • Contain the words “Group,” “Team,” or “Associates.”
      • CA DRE Team Names FAQ
         
  • IF the Team Name does not meet Team Name Requirements, a DBA/FBN
    is needed (see instructions on how to file below):
    • If a team name does not meet the requirements above, it must be registered as a DBA/Fictitious Business Name with the DRE. Please review the DRE’s guidelines describing what is or is not acceptable.
      CA DRE DBA FAQ.
    • For those who prefer to use a DBA rather than a Team name, the following procedures must be followed even if you are not new to Real Brokerage Technologies.
      CA DRE License Disclosure Requirements for Advertising

Please Note:  Regardless of using a Team Name or DBA/FBN, it MUST be co-branded with Real Broker. 

Per CAR Legal and the DRE: Any salesperson or broker associate who currently has a DBA/FBN and/or a non-compliant Team Name and wants to use it at Real Brokerage Technologies, Inc. 
must complete the following steps to file the DBA/FBN:

  1. File DBA/FBN in San Diego County
  2. Publication in Newspaper
  3. Complete DRE Form RE 247
  4. Complete CAR Form SOFBN
  5. Upload Documentation to Real for Review
  6. Submit DBA/FBN for DRE Registration
  7. Final Steps

 

1. File DBA in San Diego County

An agent’s DBA may be filed in a county other than San Diego County, but it must be filed in the same county as our main office address - San Diego County.

The agent will be responsible for completing all necessary FBN paperwork, including paying all associated costs including but not limited to notary, filing and publication fees.

  1. Verify DBA is available
  2. File a Fictitious Business Name Statement (FBNS)
    • Enter Real’s corporate address under “Business Physical Address”: 1420 Kettner Blvd Ste 100, San Diego, CA, 92101
    • FBN must be filed as an Individual conducting business (even if you have a Corporation, S Corp or LLC)
    • Under “Registrant Information”, input personal name and address. Do NOT check that the registrant is a Corporation/LLC.
    • When submitting the application, we recommend “Mail in” as the Submission Type.
  3. Receive Stamped FBN Statement from San Diego County
    Receipt of the stamped copy of the Fictitious Business Name Statement is required before proceeding to the next step.
  4. Complete the RE Form 247
  5. Complete the Proof of Publication Reuiqrements

2. Publication

The publication must be in circulation within 45 days from the filing date and must appear once a week for four consecutive weeks.

  1. Contact a local newspaper in San Diego County (Find a list of recommended papers HERE)
  2. Email the newspaper to request publication, along with the stamped FBN Statement
  3. The newspaper will confirm the publication circulation, collect payment, and send you a final email confirmation.

Upon completed of circulation, a Proof of Publication document will be filed with the County. We recommend obtaining a copy for your records.

3. Complete DRE Form RE 247

  1. Open Form RE 247 (Input responses directly on this page and once completed, download “with your changes”)
  2. Complete form as follows:
    • Box 1: input Real’s corporate license number, 02022092
    • Box 2: input Real Brokerage Technologies
    • Box 3A: check “Add” and input the FBN that was registered in San Diego County
    • Box 4: enter agent’s name
    • Box 5: enter agent’s license number
  3. Download the form as a PDF and sign via electronic signature platform. (Only the agent’s signature is needed at this time)

4. Complete CAR Form SOFBN

  1. Access CAR Form SOFBN (Salesperson Owned Fictitious Business Name Agreement) through zipForms
  2. Complete form as follows
    • At the top, input:
      • Today’s date
      • Broker: Real Brokerage Technologies
      • Agent’s name
    • In Section 3:
      • enter the date that the Real Independent Contractor Agreement was signed by the agent.
    • In Section 4, input:
      • San Diego
      • The FBN registered with the county
    • Section 8 will be left blank
    • At the bottom, input:
      • Brokerage Firm: Real Brokerage Technologies
      • Brokerage Firm’s license number: 02022092
      • Leave the next line blank for broker signature
      • Enter your license number, sign and date (Only the agent’s signature is needed at this time)

5. Upload Documentation to Real for Review

Submit all documentation using the CA Salesperson/Broker Assoc. DBA Process Google Form.

Use the following naming convention sample for all documents: 
state_first name _last name_DBA[doc type]

  • San Diego County stamped and recorded FBN statement
  • DRE form RE 247 completed and signed by the agent
  • CAR form SOFBN- Salesperson Owned Fictitious Business Name completed and signed by agent

The broker team will review submissions and sign RE 247 and SOFBN. Receipt of the submitted forms signed by the broker is required before proceeding to the next step.

6. Submit DBA for DRE Registration

Submit the following documents to the DRE for registration:

  • San Diego County stamped and recorded FBN statement
  • DRE form RE 247 completed and signed by agent and Designated Broker

Mail these documents to:

Department of Real Estate
P.O. Box 137004
Sacramento, CA 95813-7004

7. Final Steps

DRE registration can take 6-8 weeks.

Once the DRE processes the filing, the new DBA will then be added under the Real Brokerage Technologies corporate license.

Once the above steps have been completed and the DBA appears under the Real Brokerage Technologies license on the DRE:

  • Agents holding a salesperson’s license must complete the DRE form RE247 to cancel this DBA under their license or that of their former brokerage and mail it to the DRE for processing.
  • Broker Associates must complete DRE form RE204 to cancel the current DBA under their license. If their DBA hangs under another broker’s license, the RE247 must be filed with the DRE.

Do not complete this last set of steps until your DBA appears under the Real Brokerage Technologies license on the DRE site.


Any state-specific questions regarding the Department of Real Estate need to be discussed with the State Broker by contacting them at CAbroker@therealbrokerage.com.


Reminder

When using the DBA/FBN or Team Name, it MUST be co-branded with Real Broker.

Until all of these steps are completed, agents may not use a DBA/FBN or Team Name on any signage, advertising, or marketing materials.

 

 

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