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Can a real estate agent be the loan officer on the same deal in California?

Yes

By Gary Basin, co-founder of Ike · Reviewed

Yes. California law directly regulates a real-estate licensee who also arranges the loan on the same transaction, and permits it with written disclosure to every party.

What California requires

  • Disclose the dual role in writing to all parties within 24 hours, and collect signed acknowledgments, as 10 CCR 2903 requires.
  • For a salesperson, the retaining real-estate broker makes that disclosure and collects the acknowledgments.
  • Hold either a DFPI MLO license or an active DRE MLO endorsement, with the loan arranged through a licensed company.
  • Disclose the form, amount and source of any compensation received from a lender before closing, under 10 CCR 2904, where it applies.

What the rule says

that agent, person, or entity shall, within 24 hours, make a written disclosure of those roles to all parties to the sale, lease, or exchange, and any related loan transaction.
Cal. Bus. & Prof. Code § 10177.6. California disclosure of roles when arranging financing, read October 15, 2026.
Where the Real Estate Licensee is a real estate salesperson retained by a corporate or individual real estate broker, the written disclosure must be made by the real estate broker who retains the salesperson. The written disclosure made by the Real Estate Licensee shall include an acknowledgement of receipt, which acknowledgment must be signed by all parties to the transaction.
10 CCR § 2903. California DRE regulation on dual role disclosure and acknowledgment, read October 15, 2026.
who receives compensation, or who anticipates receiving compensation, from a lender in connection with the securing of financing for the transaction, to fail to disclose to both parties, prior to the closing of the transaction, the form, amount and source of compensation received or expected.
10 CCR § 2904. California DRE regulation on disclosure of compensation for obtaining financing, read October 15, 2026.

What we have not settled

Whether the Section 2904 lender-compensation disclosure applies to broker-paid compensation is a question for the brokerage and its counsel.

What applies in every state

  • Both licenses must be active. The mortgage side is an individual MLO license, sponsored by a licensed mortgage company, with the SAFE test, 20 hours of education and a background check behind it.
  • Federal law sits above the state rule. RESPA Section 8 bars pay for a referral, and Regulation Z sets what a loan originator may be paid for. Compensation on the mortgage side is for origination work performed. The RESPA and referral-fee explainer walks through it.
  • The lender on the loan has its own rule. FHA permits the dual role since 2022. Conventional lenders decide file by file in writing.
  • The buyer keeps the right to choose any lender, and the disclosure says so.

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This page is general information about state licensing rules, not legal advice, and not a statement by any regulator. Rules change. Confirm the current rule with the state regulator or a licensed attorney before acting on it.

Mortgage services are offered by Ike Mortgage LLC, a wholly owned subsidiary of Eichler Inc. Ike Mortgage LLC is preparing its mortgage license applications and is not yet licensed in any state. Its NMLS identifier will appear here when issued.

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