| What
is a
Cemetery Broker ?
According
to the California Business and Professions Code
SECTION 9675-9686
Specifically California Business and Professions Code Section
9604:
A cemetery broker is a person who, other than in reference
to an occasional sale, sells or offers for sale, buys, or
offers to buy, lists, leases, or offers to lease, or solicits,
or negotiates the purchase or sale, lease or exchange of cemetery
property or interment services, or interest therein, for his
own account or for another.
Other
Codes:
9675. This article does not apply to the following cases or
to the following persons:
(a) A person acting with reference to an occasional sale of
his or her own property.
(b) The regular officers of a cemetery corporation holding
a certificate of authority acting with reference to the corporation's
property when they receive no special compensation therefor.
(c) Persons making an occasional sale under a duly executed
power of attorney from others.
(d) The services rendered by an attorney at law in performing
his or her duties in that capacity.
(e) A receiver, trustee in bankruptcy, any person acting under
orders of any court, or a trustee selling under a deed of
trust.
(f) A real estate broker or real estate salesperson, acting
in that capacity in connection with the sale, lease or exchange
of real property, or interest therein, when the transfer of
cemetery property is purely incidental to the sale, lease
or exchange of real property.
9676.
No person shall engage in the business of, act in the capacity
of, advertise or assume to act as, a cemetery broker or cemetery
salesperson in this state without first obtaining a license
from the bureau.
9677. Any act other than an occasional sale of buying or selling,
leasing or exchanging cemetery property or interment services
of or for another or on his or her own account, or offering
for another or for his or her own account to buy or sell,
lease or exchange cemetery property or interment services,
or negotiating the purchase or sale, lease or exchange of
cemetery property or interment services, or negotiating the
purchase or sale, lease or exchange, or listing or soliciting,
or negotiating a loan on or leasing of cemetery property or
interment services constitutes the person making such offer,
sale or purchase, exchange or lease, or negotiating the loan,
or listing
or soliciting, a cemetery broker or cemetery salesperson.
9678. No person engaged in the business or acting in the capacity
of a broker or a salesperson within this state shall bring
or maintain any action in the courts of this state for the
collection of compensation for the performance of any of the
acts mentioned in this article without alleging and proving
that he or she was a duly licensed cemetery broker or cemetery
salesperson at the time the alleged cause of action arose.
9679.
No cemetery broker shall employ or compensate, directly or
indirectly, any person for performing any of the acts within
the scope of this article who is not a licensed cemetery broker,
or a cemetery salesperson licensed under the cemetery broker
employing or compensating him or her. No cemetery salesperson
shall be employed by or accept compensation from any person
other than the cemetery broker under whom he or she is at
the time licensed. No salesperson shall pay any compensation
for performing any of the acts within the scope of this article
to any licensee except through the cemetery broker under whom
he or she is at the time
licensed. For a violation of any of the provisions of this
section, the bureau may temporarily suspend or permanently
revoke the license of the cemetery licensee in accordance
with the provisions of this act relating to disciplinary proceedings.
9680.
It is a misdemeanor, punishable by a fine not exceeding one
hundred dollars ($100) for each offense, for any person, whether
obligor, escrowholder or otherwise, to pay or deliver to anyone
a compensation for performing any of the acts within the scope
of this article who is not known to be or who does not present
evidence to such payer that he or she is a licensed cemetery
broker at the time such compensation is earned.
For violation of any of the provisions of this section, the
bureau may temporarily suspend or permanently revoke the license
of the cemetery licensee in accordance with the provisions
of this act relating to disciplinary proceedings.
9681.
Any person acting as a cemetery broker or cemetery salesperson
without a license, or who advertises so as to indicate he
or she is a cemetery broker without being so licensed, is
guilty of a misdemeanor. If that person is a corporation,
it shall be punished by a fine of not to exceed five thousand
dollars ($5,000).
9682. Any cemetery salesperson or cemetery broker who sells,
causes to be sold, or offers for sale any cemetery property
upon the promise, guarantee or representation to the purchaser
that the same may be resold or repurchased at a financial
profit is guilty of a misdemeanor. For violation of any of
the provisions of this section, the bureau may temporarily
suspend or permanently revoke the license of the cemetery
salesperson or cemetery broker in accordance with the provisions
of this act relating to disciplinary proceedings. No violation
of any of the provisions of this section by any cemetery salesperson
or employee of any licensed cemetery broker shall cause the
suspension or revocation of the license of the employer of
the salesperson or employee unless it appears upon a hearing
by the bureau that the employer had guilty knowledge of such
violation.
9683. Every officer, agent or employee of any company, and
every other person who knowingly authorizes, directs or aids
in the publication, advertisement, distribution, or circularization
of any false statement or representation concerning any cemetery
or cemetery brokerage business and every person who, with
knowledge that any advertisement, pamphlet, prospectus or
letter concerning any cemetery brokerage business or any written
statement that is false or fraudulent, issues, circulates,
publishes or distributes the same, or causes it to be issued,
circulated, published or distributed, or who in any other
respect willfully violates or fails, omits or neglects to
obey, observe or comply with any order, permit, decision,
demand or requirement of the bureau under the provisions of
this act relating to cemetery brokerage, is guilty of a misdemeanor,
and, if a cemetery licensee, he or she shall be held to trial
by the bureau for a suspension or revocation of this cemetery
license, as provided in the provisions of this act relating
to disciplinary proceedings.
9684.
Each cemetery broker, other than a cemetery corporation holding
a certificate of authority, and each cemetery salesperson
must include in any advertising a statement that he or she
is acting as a cemetery broker or cemetery salesperson.
9685. For violation of any of the provisions of Section 9684
the bureau may temporarily suspend or permanently revoke the
license of the cemetery licensee in accordance with the provisions
of this act relating to disciplinary proceedings.
9686.
Any person, other than a person making an occasional sale,
who advertises cemetery property for sale or exchange, without
being duly licensed as a cemetery broker or a cemetery salesperson,
or without possessing a certificate of authority as a cemetery
corporation, is guilty of a misdemeanor. If such person is
a corporation, it shall be punished by a fine of not to exceed
five thousand dollars ($5,000). |
