California Harbors and Navigation Code ARTICLE 2 - Yacht and Ship Brokers

• Section 700.
  This article shall be known and may be cited as the Yacht and Ship Brokers Act.(Added by Stats. 1978, Ch. 453.)
• Section 701.
  Unless the context otherwise requires, the following definitions shall govern the construction of this article:(a) “Broker” means a person who, except as otherwise excluded by Section...
• Section 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...
• Section 702.5.
  Any declaration, license, or other record electronically generated or transmitted pursuant to this article shall meet the requirements of a “record” under Title 2.5 (commencing...
• Section 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 compensation...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 whom the...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 salesperson’s license...
• Section 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 written...
• Section 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...
• Section 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....
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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 department...
• Section 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...
• Section 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...
• Section 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...
• Section 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 without...
• Section 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....
• Section 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 obtained by...
• Section 735.2.
  The department shall accept any electronic record or electronic or digital signature created, generated, sent, communicated, received, or stored by electronic means on or after...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...

Last modified: October 22, 2018