SECTIONS 9675-9686 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 9675-9686

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).