A fictitious business name or DBA (doing business as) is a trade name used by a business that is not the same as the legal name of the entity. A fictitious business name must be registered with and in the county in which one is doing business. The rationale for registering a fictitious business name with the appropriate public entity is spelled out in Business & Professions Code s.17900:

“The purpose of this section is to protect those dealing with individuals or partnerships doing business under fictitious names, and it is not intended to confer right or advantage on individuals or firms that fail to comply with the law. The filing of a fictitious business name certificate is designed to make available to the public, the identities of persons doing business under the fictitious name.
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(b) As used in this chapter, "fictitious business name" means:

(1) …, a name that does not include the surname of the individual or a name that suggests the existence of additional owners, as described in subdivision (c).
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(c) A name that suggests the existence of additional owners within the meaning of subdivision (b) is one that includes such words as "Company," "& Company," "& Son," "& Sons," "& Associates," "Brothers," and the like, but not words that merely describe the business being conducted….”

The use of a fictitious name or DBA by a real estate licensee is subject to further limitation by the Department of Real Estate. Business & Professions Code s. 10159.5 requires a person applying for a real estate license to also be licensed under the fictitious name. The DRE must approve of the fictitious business name before it may used.

The most common issue arises when a sales agent or broker-associate changes her name upon marriage or divorce. Failure to update her license with the DRE results in the former name becoming, in effect, a fictitious name.

The previous issue is overshadowed by the use of “TEAM NAMES.” Consider the spousal team or familial group who hold themselves out as (for example) “The Chaffin Team.” While it has a “surname,” it suggests the existence of additional owners – the name must be registered with the county and licensed and licensed by the DRE.

CAUTION: The fictitious business name may be used only by a licensed real estate broker. In California Code of Regulations s.2731 the Real Estate Commissioner has spelled out the following in pertinent part:

Ҥ 2731. Use of False or Fictitious Name
(a) A licensee shall not use a fictitious name in the conduct of any activity for which a license is required under the Real Estate Law unless the licensee is the holder of a license bearing the fictitious name.
(b) The Department shall issue a license required under the Real Estate Law only in the legal name of the licensee or in the fictitious business name of a broker who presents evidence of having complied with the provisions of Sections 17910 and 17917 of the Code.
(c) The commissioner may refuse to issue a license bearing a fictitious name to a broker if the fictitious name:
(1) Is misleading or would constitute false advertising.
(2) Implies a partnership or corporation when a partnership or corporation does not exist in fact.
(3) Includes the name of a real estate salesperson.
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Conclusion: A sales associate may not use a fictitious business name. The sales-associate licensee is restricted in that she/he must be associated with a broker. The ability to use a fictitious name is therefore limited to the broker, and that use is discretionary with the DRE.