(a) If no state or other public entity seeks to obtain title to specific surplus state-owned real property, a state agency authorized to sell that property, except property acquired for state highway purposes, may, with the approval of the Department of General Services, employ a licensed real estate broker who is local with respect to that property for a negotiated commission not to exceed reasonable and customary brokerage commissions applicable to similar privately owned properties in the area in connection with that sale and pay the amount of commission earned by the broker. The commission shall be paid only out of the proceeds of the sale before the proceeds are remitted to the State Treasury. The Director of General Services shall only employ the services of a broker if the director determines that the employment of a broker to sell the property would result in a cost savings to the state. Any state properties sold through the services of a broker shall be reported, along with a comparison of the estimated cost savings obtained through the use of a broker, in the annual surplus property report to the Legislature required pursuant to Section 11011.

(b) Notwithstanding any other law, the state’s selection for the professional services of a licensed real estate broker shall be made on the basis of the location of the property, the broker’s demonstration of knowledge of the local real estate market and success in selling real property in the local market, and on demonstrated competence and the professional qualifications necessary for the satisfactory performance of the services required. To implement this selection method, the state shall adopt specific criteria to determine the competence and qualification for the services to be performed and to evaluate the customary brokerage commission to be charged based on services in the area.

(Amended by Stats. 2013, Ch. 276, Sec. 1. (AB 1421) Effective January 1, 2014.)