What is a home improvement salesperson?
A home improvement salesperson, (HIS), is defined in the law as a person who is employed by a licensed contractor to solicit, sell, negotiate, or execute contracts under which home improvements may be performed, a swimming pool constructed, or home improvement goods or services installed or furnished.
Who must be registered as a home improvement salesperson?
Anyone who solicits, sells, negotiates or executes home improvement contracts for a licensed contractor outside the contractor's normal place of business, regardless of the dollar amount of those contracts, must be registered with the CSLB.
Salespersons who only sell goods or negotiate contracts at a fixed business establishment where the goods or services are exhibited or offered for sale are not considered home improvement salespersons.
The official personnel listed in the CSLB's records for the contractor's license are exempt from registration requirements. This includes individual contractors, partners, officers of the corporation, and responsible managing employees.
May a home improvement salesperson work for more than one contractor?
Yes. A home improvement salesperson may work for any number of contractors and sell a variety of goods and services, but a salesperson employed by more than one contractor must register separately for each contractor. Each registration will require a separate application and registration fee. Each time a home improvement salesperson changes employment from one contractor to another, or is employed by an additional contractor, he or she must become registered as a home improvement salesperson for the new contractor. Each contractor's license must be current, active, and in good standing.
What are the qualifications for a home improvement salesperson?
A home improvement salesperson must be at least 18 years of age. There are no experience, residency or educational requirements.
How do I apply for registration?
Obtain the Application for Registration as a Home Improvement Salesperson from any office of the CSLB. You may request an application form by telephone from your local district office or the headquarters office. Then, do the following:
Read carefully and follow all instructions on the application form;
Complete the form in ink or use a typewriter. Both you and your employer must sign the application; and
Submit the required non-refundable, non-transferable application fee, your application to the CSLB headquarters office.
May I begin working as a HIS as soon as I have submitted my registration application and fee to the CSLB?
No. Your application must be reviewed and a registration number must be issued to you before you legally may work as a home improvement salesperson.
How long will it take to become registered?
The time required to process and issue a Home Improvement Salesperson registration number depends on the workload and staffing levels at the time an application is submitted.
When does my HIS registration expire?
Home improvement registrations expire two years from the last day of the month in which it was issued. The CSLB will mail a renewal application to your address of record several weeks before your registration expires. Upon verification of the renewal, a new registration certificate will be mailed showing the new expiration date.
If your address has changed since your registration was issued or last renewed, it is your responsibility to notify the CSLB in writing within 90 days of the change.
If you have not received an advance notification of renewal, notify the board. This should be done no later than three weeks before your registration expires.
Is a contract sold or negotiated by an unregistered salesperson enforceable?
The law does not specifically state that the contract would be unenforceable, but since other factors involved could have a bearing on its enforceability, questions about specific contracts should be referred to an attorney. Section 7154 of the Business and Professions Code states that a contractor who employs an unregistered person to negotiate home improvement contracts is subject to disciplinary action by the registrar. Furthermore, Section 7153 of the Business and Professions Code states that it is a misdemeanor for a person to act as a home improvement salesperson without being registered.
For additional information: Refer to Sections 7150 through 7173 of the Business and Professions Code in Chapter 7 of this book.