ARTICLE 2. Yacht and Ship Brokers [700. - 740.]

Article 2 added by Stats. 1978, Ch. 453.

§§ 700–740 · 46 sections

§ 700 This article shall be known and may be cited as the Yacht and Ship Brokers Act.
§ 701 Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) “Broker” means a person who, except as…
§ 702 Except as otherwise provided by law, all records of the department relating to yacht brokers and yacht salesmen shall be open to inspection by the public…
§ 702.5 Any declaration, license, or other record electronically generated or transmitted pursuant to this article shall meet the requirements of a “record” under…
§ 703 (a) The director may, in accordance with the State Civil Service Act (commencing with Section 18500 of the Government Code), select, employ, and fix the…
§ 704 In accordance with the provisions of Section 82 of this code, the commission shall advise the department with respect to all matters relating to the…
§ 705 (a) The director may adopt a seal and such other device for use by the department as it may desire, which may be used to authenticate all papers and documents…
§ 706 The Attorney General shall act as the attorney for the department in all actions and proceedings pursuant to this article and shall render to the department…
§ 707 The division shall publish or cause to be published on or before July 1 of each year a directory of licensed brokers and salespersons and shall post the…
§ 708 (a) No person shall engage in the business of, act in the capacity of, advertise as, or assume to act as a broker or salesperson within this state without…
§ 709 No licensed broker or licensed salesman shall practice any fraud or deceit or make any fraudulent or grossly negligent representation with respect to any act…
§ 710 The definitions of “broker” and “salesperson,” as set forth in Section 701, do not include the following: (a) A person who directly performs any act subject to…
§ 711 No person engaged in the business or acting in the capacity of a licensed broker or salesman within this state shall bring or maintain any action in the courts…
§ 712 (a) No licensed broker shall employ or compensate, directly or indirectly, any person for performing any of the acts within the scope of this article who is…
§ 713 Nothing contained in this article shall preclude a partnership from performing acts for which a broker’s license is required, provided every partner through…
§ 714 A licensed broker who accepts funds from others in connection with any transaction subject to this article who does not, as soon as possible, place those funds…
§ 715 Within one month after the closing of a transaction in which title to a yacht is conveyed from a seller to a purchaser through a licensed broker, the licensee…
§ 716 (a) No broker shall engage in any transaction for which a license is required under this article without first obtaining a signed written authorization to do…
§ 717 Application for a license as a broker shall be made on forms prescribed by the department and shall be signed by the applicant. The application shall be…
§ 718 Application for a license as a salesman shall be made on forms prescribed by the department and shall be signed by the applicant and by the employing broker.…
§ 719 (a) A person shall be deemed qualified to submit an application for a broker’s license if, as shown on the department’s records, the person meets all of the…
§ 720 The department may require proof as it deems advisable concerning the honesty, truthfulness, and good reputation of the applicant for a broker’s or…
§ 721 (a) In addition to any proof of honesty, truthfulness, and good reputation required of any applicant for a broker’s license, the department shall ascertain by…
§ 722 The license first issued to a broker shall be for a period of one year. Such license may be renewed for periods of two years upon filing of the required…
§ 723 The license first issued to a salesman shall be for a period of one year. Such license may be renewed for periods of two years. Applicants for renewal of such…
§ 724 (a) An application on the form prescribed by the department for the renewal of a broker or salesman license shall be filed with the department prior to the…
§ 725 Temporary licenses may be issued to salespersons under the following conditions: (a) The licenses shall be issued for a period not to exceed 60 days and only…
§ 726 (a) A person who fails to renew his license within two years after its expiration may not renew it pursuant to Section 724. Such person may apply and obtain a…
§ 727 The department may issue a certificate of convenience to the executor or administrator of the estate of a deceased broker, or if no executor or administrator…
§ 728 (a) Every license issued to a corporation entitles one officer thereof on behalf of the corporation to engage in the business of broker without the payment of…
§ 729 (a) Every license issued to a partnership entitles one partner thereof on behalf of the partnership to engage in the business of yacht broker without the…
§ 729.5 (a) Any limited liability company licensed by the department as a yacht broker on July 1, 2001, in order to continue to be licensed after that date, shall…
§ 730 (a) Before any broker’s license shall be issued or renewed by the department for any applicant, the applicant shall procure, file, and maintain with the…
§ 731 (a) A cash deposit given instead of the bond required by Section 730 shall be held by the department during the life of the license and for a period of four…
§ 732 The department may deny an application or temporarily suspend or permanently revoke the license of a broker or a salesperson at any time if the licensee, while…
§ 733 The department may deny an application or may suspend or revoke the license of a yacht broker or yacht salesperson who, within four years immediately…
§ 733.5 (a) The division shall require an applicant for a yacht and ship broker or salesperson license, as those terms are defined in Section 701, to undergo a…
§ 734 (a) The department shall not deny, suspend, or revoke a license granted under this article without a hearing, except the department may suspend a license…
§ 735 (a) Every broker shall maintain a definite place of business in this state as his principal office and may establish other branch offices throughout the state.…
§ 735.1 A licensed broker shall retain, for four years, copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed or…
§ 735.2 The department shall accept any electronic record or electronic or digital signature created, generated, sent, communicated, received, or stored by electronic…
§ 736 (a) The division shall adopt regulations setting forth the fees to be charged and collected under this article. The fees shall be sufficient to reimburse the…
§ 737 (a) The proceedings and hearings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of…
§ 738 (a) Each violation of a section or subdivision of a section of this article, excepting Section 709, is a misdemeanor punishable by a fine not exceeding one…
§ 739 Any person who violates any provision of this article, or any regulation adopted pursuant to this article, is liable for a penalty in an amount not less than…
§ 740 Any action taken in the enforcement of this article shall be commenced within three years of the department’s discovery of the facts constituting the grounds…