Section 732 Of Article 2. Yacht And Ship Brokers From California Harbors And Navigation Code >> Division 3. >> Chapter 5. >> Article 2.
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. 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 a broker or salesperson, in performing
or attempting to perform any of the acts within the scope of this
article, has committed any of the following acts:
(a) Makes any substantial misrepresentation, including a false
advertisement or an omission of relevant facts upon which any person
has relied.
(b) Makes a false warranty of a character likely to influence,
persuade, or induce any person with whom business is transacted under
this article.
(c) Engages in a continued and flagrant course of
misrepresentation or makes false warranties whether or not relied
upon by another person.
(d) Acts for the buyer and seller in a transaction without full
disclosure of that fact to the buyer and seller and their written
consent, except in the case where the selling broker is not the
listing broker.
(e) Commingles the money or other property of his or her principal
with that of his or her own or uses it for any purpose other than
that for which it was entrusted, when the yacht involved in the
transaction is not his or her own.
(f) Disburses or uses entrusted money for purposes other than
those specifically authorized by Section 714.
(g) Uses coercive or oppressive methods for the purpose of
obtaining business or of procuring a listing or participating in a
transaction.
(h) Quotes prices different from the gross listing prices without
the consent of the seller.
(i) Engages in any other conduct constituting fraud or dishonest
dealings, either with respect to his or her principal or other
persons.
(j) Permits his or her name to be used for the purpose of
assisting any person who is not a licensed broker or salesperson to
evade this article.
(k) Demonstrates negligence or incompetence in performing any act
for which he or she is required to hold a license.
(l) As a broker licensee, fails to exercise reasonable supervision
over the activities of his or her salespersons, or, as the person
designated by a corporate or partnership licensee, fails to exercise
reasonable supervision and control over the activities of the
corporation or partnership for which a yacht and ship broker's
license is required.
(m) Fails to act in accordance with, or disregards, his or her
fiduciary duty toward a principal.
(n) Violates any provisions of Section 708, 712, 714, 715, 716,
730, or 731, or the rules and regulations of the department
implementing this article.