Have Legal Questions? Ask a Lawyer Now.
While I appreciate your attempt in trying to answer my question, your reply provided no forward movement from where I started, as I'm sure you agree. Since the need for this license is required to practice the area of pre-need sales, there must be consequences, fines, revocation ... something outlining the negative impact a company/licensee will endure if they try to skate around the system. We have this type of accountability in all we say and do. Just requires a bit more digging and since this is best done by experts such as yourselves, that's my reason behind this inquiry in the first place.
Thank you for your time.
Dear Customer,I believe I may have misunderstood your question in this regard. I was under the impression you were asking specifically whether or not a non-licensed seller could become licensed even after he or she had made "unlicensed" sales. My answer is above - if disclosed by the applicant during the application process the committee can exercise its discretion in determining whether or not the applicant meets the character requirements to hold this license for future sales.From your follow up, it appears that I was mistaken in your goal, and thus my information may not have been as helpful as it could have been. Any contract that is entered into with an unlicensed seller is subject to revocation. Such contracts are unenforceable by the seller, and the pre-needs buyer has a right to both make a complaint to the department and if necessary to pursue a civil claim against the seller in civil court. This will be a traditional civil case with causes of action for breach of contract and declaratory relief (and potentially fraud or any other applicable claims associated with the transaction). The liability portion in such a case will be based on the non-licensed status of the defendant. Once this type of claim is filed, it will need to be disclosed on the seller's potential application to become licensed.I hope that this better answers your question. If not, or if you have any further follow ups, please do let me know. I do want to fully respond to your inquiry, and I apologize for any misunderstanding I had of your initial post.
Hi Bill. Still not really the direction I was going with this. I'll try to be a bit more clear. If a licensee (company) allows the selling of pre-need services to the public from an employee that is not yet or refused the license (but they sell anyway), what is the ramifications the licensee (not the employee) will get? Basically, is the "licensee" susceptible to losing their ability to sell pre-need because they continued to allow their employees to sell without the required license ... just to turn a profit? Hope this helps a bit more.
(b) Aggravating or mitigating circumstances may include, but are not limited to, the following:
1. The severity of the violation.
2. The degree of harm to the consumer or public.
3. The number of times the violations previously have been committed by the licensee.
4. The disciplinary history of the licensee.
5. The status of the licensee at the time the violation was committed.
Good morning. This information is much more helpful and definitely answered my question. Thank you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).