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Section 10239.3. (Added by Stats. 2003, Ch. 901, Sec. 2.)
Cite as: Cal. Bus. & Prof. Code §10239.3.

Whenever it appears to the commissioner that any of the conditions set forth in Section 10239.1 exist or that irreparable loss and injury to the property and business of a person specified in Section 10239.1 when performing any of the acts specified in Article 6 (commencing with Section 10237) of this chapter has occurred or may occur unless the commissioner so act immediately, the commissioner, without notice and before applying to the court for any order, forthwith shall take possession of the property, business, books, records and accounts of such person, and of the offices and premises occupied by it for the transaction of its business, and retain possession subject to the order of the court. Any person having possession of and refusing to deliver any of the books, records or assets of a person against whom a seizure order has been issued by the commissioner, shall be guilty of a misdemeanor and punishable by fine not exceeding one thousand dollars ($l,000) or imprisonment not exceeding one year, or both such fine and imprisonment.

(a)If any person other than a real estate broker makes or keeps any of the books, accounts, or other records maintained in connection with a transaction described in this article, the provisions of this article and of any regulation or order issued under this section shall apply to the person with respect to the performance of those services and with respect to those books, accounts, and other records to the same extent as if the person were the broker.

(b)If any person other than an affiliate of a broker makes or keeps any of the books, accounts, or other records maintained in connection with a transaction described in this article, or in the case of an affiliate other than a parent or subsidiary of the broker, the provisions of this article and of any regulation or order issued under this article shall apply to the person with respect to those books, accounts, and other records to the same extent as if the person were the affiliate.



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