Section 714 Of Article 2. Yacht And Ship Brokers From California Harbors And Navigation Code >> Division 3. >> Chapter 5. >> Article 2.
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 into a neutral escrow depository, shall
place the funds into a trust fund account maintained by the broker in
some bank or recognized depository and shall retain all the funds in
the account until the broker makes a disbursement of the funds in
accordance with written instructions from the person entrusting the
money. The written instructions shall also set forth the specific
purposes for which the broker may use money deposited with him or
her. If the broker wishes to use money from the deposit for a purpose
not included in the written instructions, the broker shall first
obtain the written consent of the person entrusting the money
specifically authorizing the use proposed by the broker for the
money. The written consent may be given to the broker by a letter or
facsimile. A separate record shall be maintained of all moneys
received subject to this section and shall further indicate the
disposition thereof. Any funds received by a licensed salesperson
shall be delivered by the salesperson to the broker under whom the
salesperson is at the time licensed.
As used in this section, "neutral escrow" means an escrow business
conducted by a person licensed under Division 6 (commencing with
Section 17000) of the Financial Code or by any person described by
subdivision (a) or (c) of Section 17006 of the Financial Code.