(a)Any person engaged in the business of advising others for compensation as to the advisability of purchasing, holding or selling property for investment and who represents himself or herself to be an expert with respect to investment decisions in such property, or any class of such property, shall be liable to any person to whom such advisory services are furnished for compensation and who is damaged by reason of such person’s reliance upon such services, for the amount of such compensation and for such damages, unless the person
rendering such services proves that such services were performed with the due care and skill reasonably to be expected of a person who is such an expert.
(b)For the purposes of this section, the following apply:
(1)A person represents that such person is an “
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(a)
Any person engaged in the business of advising others for compensation as to the advisability of purchasing, holding or selling property for investment and who represents himself or herself to be an expert with respect to investment decisions in such property, or any class of such property, shall be liable to any person to whom such advisory services are furnished for compensation and who is damaged by reason of such person’s reliance upon such services, for the amount of such compensation and for such damages, unless the person
rendering such services proves that such services were performed with the due care and skill reasonably to be expected of a person who is such an expert.
(b)
For the purposes of this section, the following apply:
(1)
A person represents that such person is an “expert” within the meaning of this section if such person represents that he or she is a “financial planner,” “financial adviser,” “financial counselor,” “financial consultant” or an “investment adviser,” “investment counselor” or “investment consultant” or that such person renders “financial planning services,” “financial advisory services,” “financial counseling services,” “financial consulting services” or “investment advisory services,” “investment counseling services” or “investment consulting services” or makes substantially equivalent representations with respect to such person’s business or qualifications.
(2)
“Person” includes an individual, corporation, partnership, limited liability company, joint venture, an association, joint stock company, a trust or unincorporated association.
(c)
The following persons are not liable under the provisions of this section:
(1)
Any person, when engaged in the purchase or sale of tangible personal property for his or her own account, and the agents and employees of such persons.
(2)
Any person, and the agents and employees of such person, licensed under, exempted from licensing under, or not subject to licensing under by reason of an express exclusion from a definition contained in, the Commodity Exchange Act, the Investment Advisers Act of 1940, the California Commodity Law, the Corporate Securities Law of 1968, the
Insurance Code, the Real Estate Law, or any state or federal law for the licensing and regulation of banks or savings and loan associations.