Section § 7637

Explanation

This law section outlines specific situations and individuals that are not subject to the regulations of this article. These exceptions include people selling their own property occasionally, cemetery corporation officers handling corporation property without extra pay, individuals making occasional sales through a power of attorney, services provided by lawyers in their professional capacity, individuals acting under court orders, and real estate brokers dealing with cemetery property as part of a broader real estate transaction.

This article does not apply to the following cases or to the following persons:
(a)CA Business & Professions Code § 7637(a) A person acting with reference to an occasional sale of his or her own property.
(b)CA Business & Professions Code § 7637(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)CA Business & Professions Code § 7637(c) Persons making an occasional sale under a duly executed power of attorney from others.
(d)CA Business & Professions Code § 7637(d) The services rendered by an attorney at law in performing his or her duties in that capacity.
(e)CA Business & Professions Code § 7637(e) A receiver, trustee in bankruptcy, any person acting under orders of any court, or a trustee selling under a deed of trust.
(f)CA Business & Professions Code § 7637(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.

Section § 7637.1

Explanation

If you want to work as a cemetery broker or salesperson in California, you need to get a license from the bureau before you start doing business or advertising your services.

A person shall not engage in the business of, act in the capacity of, or advertise or assume to act as, a cemetery broker or cemetery salesperson in this state without first obtaining a license from the bureau.

Section § 7637.10

Explanation

If a cemetery licensee breaks any rule outlined in Section 7637.9, the bureau in charge can either temporarily stop their license or take it away for good, following the proper disciplinary procedures.

For violation of any of the provisions of Section 7637.9, 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.

Section § 7637.2

Explanation

This law says that if someone regularly buys, sells, leases, or exchanges cemetery property or services, or if they help others do these things, they are considered a cemetery broker or cemetery salesperson. Occasional sales don't count, but anyone who routinely does these activities, whether for themselves or someone else, fits this definition.

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, lease, or exchange, or negotiating the loan, or listing or soliciting, a cemetery broker or cemetery salesperson.

Section § 7637.3

Explanation

If you work as a cemetery broker or salesperson in California, you can't sue for unpaid work unless you can prove you had the proper license when the work took place.

A person engaged in the business or acting in the capacity of a cemetery broker or a cemetery salesperson within this state shall not 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.

Section § 7637.4

Explanation

This law states that only licensed cemetery brokers or salespersons can perform tasks related to cemetery property sales. A cemetery salesperson can only be employed by or receive payment from the broker they are licensed under. If a salesperson makes any payments to other licensees, it must go through their cemetery broker. Breaking these rules can lead to the suspension or revocation of a license.

(a)CA Business & Professions Code § 7637.4(a) A cemetery broker shall not 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. A cemetery salesperson shall not be employed by or accept compensation from any person other than the cemetery broker under whom he or she is at the time licensed.
(b)CA Business & Professions Code § 7637.4(b) A salesperson shall not 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.
(c)CA Business & Professions Code § 7637.4(c) 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.

Section § 7637.5

Explanation

If you're paying someone for cemetery brokerage services, make sure they show proof they're licensed. Failing to do this is a minor crime, costing up to $100 each time. Also, if a licensed cemetery broker breaks this rule, they could temporarily lose or permanently have their license taken away after a disciplinary process.

(a)CA Business & Professions Code § 7637.5(a) 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 compensation is earned.
(b)CA Business & Professions Code § 7637.5(b) 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.

Section § 7637.6

Explanation

If you work as a cemetery broker or cemetery salesperson without a proper license, or if you claim to be one in advertisements without a license, you're committing a misdemeanor. If it's a company doing this, they can be fined up to $5,000.

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 not to exceed five thousand dollars ($5,000).

Section § 7637.7

Explanation

This law states that a cemetery salesperson or broker cannot promise that cemetery plots will be resold or repurchased at a profit. Doing so is a misdemeanor. If someone violates this rule, the cemetery salesperson or broker's license can be temporarily suspended or permanently revoked after a disciplinary hearing. However, the employer's license won't be affected unless it's proven they knew about the wrongdoing.

(a)CA Business & Professions Code § 7637.7(a) 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.
(b)CA Business & Professions Code § 7637.7(b) 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.
(c)CA Business & Professions Code § 7637.7(c) 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 the violation.

Section § 7637.8

Explanation

This law says that if someone knowingly shares false information about a cemetery or cemetery brokerage business, whether through ads, brochures, or any written statements, they can be charged with a misdemeanor. If they have a cemetery license and break these rules, they might lose their license or have it suspended after a trial by the bureau. Basically, it's about preventing dishonest practices in cemetery brokerage and making sure that all communications are truthful.

Every officer, agent, or employee of any company, and every other person who knowingly authorizes, directs, or aids in the publication, advertisement, distribution, or circulation 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 his or her cemetery license, as provided in the provisions of this act relating to disciplinary proceedings.

Section § 7637.9

Explanation

If you're a cemetery broker or salesperson running ads, you need to clearly state your role as such in the advertisement, unless you work for a cemetery corporation with specific certification.

Each cemetery broker, other than a cemetery corporation holding a certificate of authority, and each cemetery salesperson shall include in any advertising a statement that he or she is acting as a cemetery broker or cemetery salesperson.

Section § 7638

Explanation

If you try to sell or advertise cemetery property without having the proper license or certificate, you're committing a misdemeanor. Companies doing this can be fined up to $5,000.

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).