Cemetery and Funeral ActCemetery Brokerage Regulations
Section § 7637
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.
Section § 7637.1
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.
Section § 7637.10
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.
Section § 7637.2
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.
Section § 7637.3
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.
Section § 7637.4
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.
Section § 7637.5
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.
Section § 7637.6
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.
Section § 7637.7
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.
Section § 7637.8
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.
Section § 7637.9
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.
Section § 7638
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.