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DIVISION 13, PART 2
MOBILEHOMES-MANUFACTURED HOUSING ACT OF 1980
INDEX
CHAPTER 1. DEFINITIONS
Section
18000. Short title.
18000.5. Construction of provisions.
18001. Approved.
18001.1. Repealed by Ch. 2176, Stats. of 1961, eff. 1/1/62.
18001.2. Renumbered Section 18004.4 and amended by Ch. 702, Stats. of 1965, eff. 1/1/66.
18001.3. Repealed by Ch. 442, Stats. of 1986, eff. 1/1/87.
18001.4. Repealed by Ch. 1076, Stats. of 1967, eff. 1/1/68.
18001.6. Building.
18001.8. Commercial coach.
18002. Commission.
18002.2. Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.
18002.3. Consumer.
18002.4. Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.
18002.6. Dealer.
18002.7. Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.
18002.8. Department.
18003. Distributor.
18003.3. Dwelling unit.
18003.5. Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.
18003.5. Escrow agent.
18003.6. Established place of business.
18003.7. Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.
18003.8. Franchise.
18004. Franchisee.
18004.1. Repealed by Ch. 975, Stats of 1981, eff. 1/1/82.
18004.3. Renumbered Section 18006.5 and amended by Ch. 1510, Stats. of 1965, eff. 1/1/66.
18004.3. Franchisor.
Section
18004.4. Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.
18004.6. Fraud, deceit.
18004.8. Good moral character.
18005. Hearing or notice of hearing.
18005.1. Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.
18005.3. Junior lienholder.
18005.5. Repealed by Ch. 975, Stats of 1981, eff. 1/1/82.
18005.6. Lease.
18005.7. Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.
18005.8. Legal owner.
18006. Licensee.
18006.3. Manufacturer.
18006.5. Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.
18007. Manufactured Home.
18007.5. Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.
18008. Mobilehome.
18008.5. Manufactured home or mobilehome accessory building or structure; manufactured home or mobilehome accessory.
18008.7. Multi-unit manufactured housing.
18009. New manufactured home; new mobilehome; new commercial coach.
18009.5. Registered owner.
18010. Recreational vehicle.
18010.2. Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.
18010.5. Regulations; rules and regulations.
18011. Rent.
18011.3. Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.
18011.5. Repealed by Ch. 1162, Stats. of 1982, eff. 1/1/83.
18012. Retailer.
18012.3. Sale; sold.
18012.4. Slide-in camper.
18012.5. Special purpose commercial coach.
18013. Salesperson.
18013.2. Third party.
18013.4. Truck camper.
18013.5. Repealed by Ch. 394, Stats. of 1996, eff. 1/1/97.
18014. Used manufactured home; used mobilehome; used commercial coach.
CHAPTER 2. APPLICATION AND SCOPE
Section
18015. Applicability of part; rules and regulations.
18015.5. Applicability to commercial coaches.
18015.7. Sales to city, county, city and county, or public agency.
18016. Approved alternative materials, etc.
18016.5. Mobilehome--manufactured home revolving fund.
CHAPTER 3. ENFORCEMENT
18020. Departmental duties; department-approved third-party entities; regulations; inspection services; citation and fines; remedies.
18020.5. Offense; punishment; limitation of prosecution.
18021. Federal violation; punishment.
18021.5. Violations relating to licensing or titling and registration; misdemeanor;
punishment; suspension or revocation; recovery of investigative and enforcement costs; civil penalty; other remedies; findings of administrative law judge.
18021.6. Application of penal laws to transactions involving fraud, misrepresentation, forgery, or deceit.
18021.7. Citations for violation of specified sections; penalties; hearings.
18022. Administration; inspections.
18022.5. Injunctions; appointment of receiver; restitution.
18023. Powers of peace officers.
18024. Acting as a dealer without a license; citation; civil penalties; regulations; cumulative remedies.
18024.2. Issuance of citation; limitation.
18024.3. Appeal to the department; time; delivery of citation.
18024.4. Failure to appeal; finality of citation; judicial review and costs; extension of appeal period by the department.
18024.5. Notice of intent to contest citation; hearing; decision; law governing proceedings.
18024.6. Exhaustion of review procedures; superior court judgment and order.
CHAPTER 4. STANDARDS
18025. Structural, fire safety, plumbing, heating, and electrical requirements; rules and regulations; compliance with federal law.
Section
18025.5. Enforcement of federal safety and construction standards; inspections; operative date of section.
18025.6. Repealed federal standards; period of enforcement.
18026. Federal label or insignia of approval.
18026.1. Units sold to federal government for use on federal lands; exemption from specified equipment requirements.
18027. Insignia of approval; grounds for denial.
18027.3. Recreational vehicles; construction standards; operative date of change in standards; electrical power supply cord.
18027.5. Truck campers; manufacturer's serial or identification number; necessity.
18028. Regulations for construction; adoption of model construction codes.
18028.5. Foam building systems; laws applicable.
18029. Alteration or conversion of approval installations or equipment.
18029.3. Commercial coach or special purpose commercial coach; compliance with health and safety regulations.
18029.4. Special purpose commercial coach; use as module of permanent building; standards.
18029.5. Fire prevention rules and regulations; reports of manufactured home and mobilehome fires.
18029.6. Smoke detector devices.
18030. Recognition of foreign standards; contracting with approved third-party entities for enforcement of part.
18030.5. Exemption from certain local ordinances.
18031. Fee schedule.
18031.5. Fireplaces; installation; regulations; compliance with federal standards.
18031.7. Replacement fuel gas burning water heaters; list for residential use and specifications for installation; label; supply of hot water from approved source.
18031.8. Replacement of gas burning appliances.
18032. Label affixed to new mobilehome or manufactured home; contents; necessity; removal.
18032.5 Energy standards.
CHAPTER 5. SALES AND ESCROWS
18035. Manufactured home or mobilehome escrow account; escrow instructions; offer to purchase; notice of escrow opening or cancellation; liens; status report; release or transfer of lien; forfeiture for noncompliance; liability for violations.
18035.1. Receipt of deposit; contents.
18035.2. Sales involving foundation system installation; documentation requirements; escrow account; contents of escrow instructions.
Section
18035.25. Failure to correct defective work by installation contractor certified by dealer; disciplinary action; limitation on filing accusation.
18035.3. Purchase documents; disciplinary action for failure to provide disclosures.
18035.4. Application of Sections 18035, 18035.1, and 18035.2.
18035.5. Documentation and statement regarding security interests; furnishing by secured party; forfeiture and liability for noncompliance; fee.
18036. Contract rescinded for inability of buyer to obtain financing.
18036.5. Conditional sales contracts; required disclosures; action for noncompliance; extent of liability; limitations.
18037. Good faith holder acquiring conditional sale contract from seller making disclosure violations; buyer's remedies.
18037.5. Disposal of repossessed or surrendered manufactured home, mobilehome,
truck camper, or floating home; notice of default; notice of belief of abandonment; rights of secured party upon default; application of proceeds; accounting.
18038. Blank.
18038.7. Deficiency judgment.
18039. Waiver of buyer's rights invalid.
18039.1. Conversion to real property; law applicable to default and sale.
18039.5. Transactions exempt from chapter; application of other acts to transactions subject to chapter.
CHAPTER 6. MULTIPLE LISTING BETWEEN DEALERS OF
MANUFACTURED HOMES, MOBILEHOMES OR COMMERCIAL COACHES
18040. Sale of manufactured home, mobilehome, or commercial coach not previously installed on a foundation system; powers of dealers.
18040.5. Suspension of revocation of dealer's license.
CHAPTER 7. OCCUPATIONAL LICENSING
ARTICLE 1. GENERAL REQUIREMENTS
18045. Necessity of license or temporary permit in good standing.
18045.5. Established place of business.
18045.6. Manufacturer, distributor, and dealer regulations.
18045.8. Temporary permits; cancellation.
18046. Consumer Protection.
18046.1 Standard of Care.
18046. to
18047. Repealed by Ch. 1442, Stats. of 1984, eff. 1/1/85.
ARTICLE 2. APPLICATIONS AND RENEWALS
Section
18050. Application; investigation.
18050.5. Refusal to issue license; grounds.
18050.7. Initial dealer's license; education and experience requirements.
18051. Probationary license.
18052. Temporary permit.
18052.5. Certificate of convenience.
18052.6 90-day salesperson certificate; report
18052.7. 90-day salesperson certificate; maximum number of employees; supervision; liability.
18053. Reapplication after denial; time.
18053.5. Examination of salespersons; prior licensees; examination of managing employee for dealer's license.
18054. Issuance of licenses and other documents; duplicates; return or cancellation, suspension or revocation.
18054.5. Repealed by Ch. 552, Stats. of 1986, eff. 8/22/86.
18054.6. Repealed by Ch. 1162, Stats. of 1982, eff. 1/1/82.
18054.7. Duration of occupational license or decal; time for renewal or reinstatement.
18055. Fees and penalties.
18055.5. to
18057. Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.
ARTICLE 2.5. CONTINUING EDUCATION
18056. Legislative findings; adoption of regulations.
18056.1. Assistance and advice of experts.
18056.2. Completion of approved educational courses; regulations; contents.
18056.3. Regulations; amendment or repeal.
18056.4. Renewal of license; completion of educational requirements.
18056.5. Extension of license pending completion of educational requirements.
ARTICLE 3. INFRACTIONS AND PENALTIES
18058. Suspension or revocation of license, grounds.
18058.1. Service of process by registered mail; closed place of business or salesperson no longer residing at address last filed.
Section
18058.5. Applications.
18059. Taxation, fees, title, and registration.
18059.5. Escrows and sales practices.
18060. Business operations.
18060.5. Business practices.
18061. Advertising.
18061.5. Unlawful acts.
18062. Unlawful acts of dealer.
18062.2. Unlawful acts of dealer.
18062.5. Coercion of dealer by manufacturer or distributor.
18062.8. Unlawful acts of manufacturer or distributor.
18062.9 Manufactured home sales to a licensed contractor.
18063. Unlawful acts of salesperson.
18063.5. Repealed by Ch. 1162, Stats. of 1983.
18063.8. Decal; refusal to issue; suspension or revocation of right to use.
18064. Temporary suspension of license.
18064.2. Order to desist and refrain; hearing.
18064.5. Stipulated penalty; compromise and settlement; agreements.
18065. Automatic cancellation of licenses and permits.
18065.5. Authority to limit scope of revocation or suspension.
18066. Effect of suspension, expiration, or cancellation of license on right to file accusation for revocation or suspension.
18066.1. to
18066.4. Repealed by Ch. 975, Stats of 1981, eff. 1/1/82.
18066.5. Refund of excess payment for transfer fees.
18066.6. to
18068. Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.
CHAPTER 7.5 MANUFACTURED HOME RECOVERY FUND
18070. Repealed by Ch. 40, Stats. of 1982, eff. 1/1/83.
18070. Creation; purposes; investment income; appropriation.
18070.1. Fees; dealers and salespersons.
18070.2. Time for collection of fees and filing of claims; date of sale; fee reductions and increases.
18070.3. Claims, payment; conditions; review; order and warrant.
18070.4. Liability of judgment debtor; effect of discharge in bankruptcy.
18070.5. Subrogation of department of rights of judgment creditor.
18070.6. Repealed by Ch. 1206, Stats. of 1992, eff. 1/1/93.
CHAPTER 8. REGISTRATION AND TITLING OF
MANUFACTURED HOMES, MOBILEHOMES AND COMMERCIAL COACHES
ARTICLE 1. APPLICATION AND SCOPE
Section
18075. Applicability; regulations; fee schedule.
18075.1. to
18075.2. Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.
18075.5. Annual registration; exceptions; regulations.
18075.55. Floating homes; registration and titling; definition.
18075.6. Use as office by manufacturers, distributors or dealers; registration; report.
18075.7. Registration of truck campers; exemption.
18076. Manufactured homes, mobilehomes, commercial coaches, and truck campers owned or leased by government entities; registration; exemption from fees.
18076.5. Administration of licensing and taxation; exceptions.
18077. License fees collected shall be deposited in the state treasury to the credit of the general fund.
18077.1. to
18077.4. Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.
18077.5. Report to county auditors; time of report to controller.
18078. Repealed by Ch. 383, Stats. of 1988, eff. 1/1/89.
18078.1. to
18078.7. Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.
18079. Property tax postponement program.
ARTICLE 2. GENERAL DEFINITIONS AND REQUIREMENTS
18080. Coownership.
18080.1. Registration; name in which held.
18080.2 Registration held in beneficiary form.
18080.3. Sections of manufactured homes and mobilehomes as single unit.
18080.4. Registration cards; maintaining with property.
18080.5. Report of sale, lease, or rental form; submittal for dealer transactions; terms and conditions; notice of transfer; completion and consummation of transaction.
18080.6. Registration cards issued shall be in two parts.
18080.7. Security interests; forwarding documentation; perfection; permanent title record; issuance of registration card; law governing.
18080.9. Mobilehomes: final money judgments.
Section
18081. Information on current registration and title status; confidentiality of home address.
18081.3. Bulk information on registration and title status.
18081.5. Manufactured home, mobilehome, or floating home, report of transfer to assessor.
18082. Repealed by Ch. 1124, Stats. of 1983, eff. 1/1/84.
18083. Repealed by Ch. 1760, Stats. of 1984, eff. 10/1/84.
18084. Repealed by Ch. 383, Stats. of 1988, eff. 1/1/89.
18084.7. Registration and titling and taxation prior to original registration.
ARTICLE 3. APPLICATIONS FOR ORIGINAL REGISTRATION AND TITLE
18085. Application; procedure; form and contents.
18085.5. Necessity that manufactured home, mobilehome, commercial coach, truck camper or floating home be in state.
18086. Manufactured home, mobilehome, commercial coach, or truck camper not within state; refund of fees.
18086.5. Undertaking or bond; right of action; liability of surety; return or surrender.
18087. Previous out of state registration.
18087.5. Previous out of state registration; surrender of evidence of foreign registration return of unexpired plates to state of issue.
18088. Foreign certificate of title.
18088.5. Liens or encumbrances shown on foreign certificate of title; inclusion on new certificate of title.
18089. Ownership or existence of foreign liens in doubt; registration card with distinctive markings; withholding certificate of title.
18089.5. Refusal to register if previously registered out of state; return of documents.
18090. Previous out of state registration; notice of application for in state registration.
18090.5. Permanent title record; certificate of title; registration card, designation of security interests and junior lienholders.
18091. Certificate of title; contents.
18091.5. Registration card; contents.
18092. Decals.
18092.5. Refusal to register or to renew or transfer registration; grounds.
18092.7. Withholding registration or transfer pending tax clearance; tax collector;s failure to respond to demand for conditional clearance.
18093. Certificate of origin; form; contents; copies.
18093.5. Registration of truck camper; manufacturer's certificate of origin.
ARTICLE 4. AMENDMENTS, TRANSFERS, AND TRANSACTIONS
Section
18098. New address; notice to department; penalty or liability; changing of registration card.
18098.5. Repealed by Ch. 383, Stats. of 1988, eff. 1/1/89.
18099. Change of situs address of commercial coach; notice to department; marking registration card.
18099.5. Change of situs; consent of legal owner and junior lienholder.
18100. Change of situs location; amendment of registration card.
18100.5. Acquisition of release of interest; notice; duties of department; execution and delivery of certificate of title or registration card; statement of lien release; amendment of permanent title record; moratorium during escrow; liability of noncomplying secured party; involuntary transfers.
18101. Title of transfer effected.
18101.5. Dealer as transferee for resale not required to apply for transfer.
18102. Death of owner; transfer of registration.
18102.2 Transfer of registration held in beneficiary form; death of owner.
18102.3 Transfer of registration held in beneficiary form; death of owner; department liability.
18102.5. Transfer of registration; certificate of title or registration card lost or unavailable.
18103. Transfer of registration; registration card in possession of department on application for renewal.
18103.5. to
18104.5. Repealed by Ch. 1124, Stats. of 1983, eff. 1/1/84.
18105. Security interests; priorities; effect of notice; inventory; laws governing.
18105.5. Assignment of title or interest by legal owner or junior lienholder.
18106. Lien creditor; definition; priority as against perfected and unperfected security interests.
ARTICLE 5. RENEWALS AND REPLACEMENTS
18108. Stolen, lost, mutilated or illegible registration card or decal; replacement.
18108.5. Stolen, lost, mutilated or illegible certificate of title; duplicate.
18109. Expiration and renewal of registration.
18109.5. Certificate of title; renewal not required.
18110. Application for transfer when certificate of title stolen, lost, mutilated or illegible.
ARTICLE 6. FEES AND TAXES
18114. Registration fee; delinquent fee.
18114.1 Mobilehomes or manufactured homes; annual fees; exemption.
Section
18114.5. Time for transferee to pay registration fees when renewal fee penalties have not accrued.
18115. Vehicle license fee; payment; amount; modification or addition to manufactured home, mobilehome, or commercial coach.
18115.5. Classification; market value.
18116. License fees; time of payment; delinquent fees; penalties, alteration or increase of fees.
18116.1. Nonpayment of fees and penalties; lien of state.
18116.2. Commercial coaches; unsatisfied liens; civil actions or seizure; notice; hearing; findings and recommendations; payment; lien in jeopardy; inventory; excess proceeds.
18116.5. Exemption from use tax.
18117. Manufactured home, mobilehome, commercial coach, or truck camper previously registered out of state; use tax.
18117.5. Transfer fee; time for payment.
18118. Application for change, addition, or deletion of registered owner's name or names; renewal fees.
18119. Delinquency in payment of fee; notice; listing; transfer to local property taxation.
ARTICLE 7. PENALTIES
18122. Suspension, revocation or cancellation; notice to holders of perfected security interests.
18122.5. Failure to execute and deliver title and registration documents; dealer's satisfaction of delivery requirement.
18123. Collection of use tax; refund; transmittal; reimbursement for costs; computation.
18123.5. Dealer violations; administrative service fees; causes for discipline.
18124. Seizure of documents or decals expired, revoked, suspended or canceled.
18124.5. Alteration, forgery, counterfeiting or falsifying documents or decals; felony; punishment.
CHAPTER 9. MOBILEHOME OMBUDSMAN
18150. Legislative finding and declaration.
18151. Establishment of position; duties of ombudsman and limits on power.
18152. Designation by governor.
18153. Procedures to deal with complaints, establishment; forms and materials; coordination of efforts with other agencies.
18154. Repealed by Ch. 189, Stats. of 1989, eff. 1/1/90.
CHAPTER 10. MANUFACTURED HOME AND MOBILEHOME
DISCLOSURE TASK FORCE
18160. Housing; manufactured homes and mobilehomes.
PART 2. MOBILEHOMES-MANUFACTURED HOUSING ACT OF 1980
CHAPTER 1. DEFINITIONS
18000. Short title
This part shall be known and may be cited as the Mobilehomes-Manufactured Housing Act of 1980.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18000.5. Construction of provisions
The provisions of this part, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. During any transition required by this part, and until July 1, 1982, the department may determine or effectuate any action or requirement in a manner which implements the legislative intent of this part and which protects appropriate interests of any parties subject to or protected by this part. Regulations implementing this part and promulgated prior to July 1, 1982, shall be deemed emergency regulations pursuant to Section 11346.1 of the Government Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18001. Approved
"Approved," when used in connection with any material, appliance, or construction, means meeting the requirements and approval of the Department of Housing and Community Development.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18001.1. (Repealed by Ch. 2176, Stats. of 1961, eff. 1/1/62.)
18001.2. (Renumbered Section 18004.4 and amended by Ch. 702, Stats. of 1965, eff. 1/1/66.)
18001.3. (Repealed by Ch. 442, Stats. of 1986, eff. 1/1/87.)
18001.4. (Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.)
18001.6. Building
"Building" is any permanent structure built for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18001.8. Commercial coach
"Commercial coach" means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18002. Commission
"Commission" is the Commission of Housing and Community Development.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18002.2. (Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.)
18002.3. Consumer
"Consumer" includes any person or entity which purchases or leases a manufactured home, mobilehome, commercial coach, recreational vehicle, or truck camper for consideration, except a dealer or manufacturer.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18002.4. (Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.)
18002.6. Dealer
(a) "Dealer" means a person not otherwise expressly excluded by subdivision (b), who is engaged in any of the following activities:
(1) For commission, money, or other thing of value, sells, exchanges, leases, buys, offers for sale, or negotiates or attempts to negotiate a sale or exchange of an interest in a manufactured home, mobilehome, or commercial coach, or induces or attempts to induce any person to buy or exchange an interest in a manufactured home, mobilehome, or commercial coach, and who receives or expects to receive a commission, money, brokerage fees, profit, management fees, or any other things of value from either the seller or purchaser of the manufactured home, mobilehome, or commercial coach.
(2) Is engaged wholly or in part in the business of selling manufactured homes, mobilehomes, or commercial coaches or buying or taking in trade manufactured homes, mobilehomes, or commercial coaches for the purpose of reselling, selling, or offering for sale, or consigning to be sold, or otherwise dealing in manufactured homes, mobilehomes, or commercial coaches, whether or not these manufactured homes, mobilehomes, or commercial coaches are owned by the dealer.
(b) "Dealer" does not include any of the following:
(1) An insurance company, bank, savings and loan association, finance company, or public official coming into possession of one or more manufactured homes, mobilehomes, or commercial coaches in the regular course of business, who only sells manufactured homes, mobilehomes, or commercial coaches under a contractual right or obligation, in performance of an official duty, or under the authority of any court of law. However, a sale subject to this paragraph shall be for the purpose of preventing the seller from suffering a loss or pursuant to the authority of a court of competent jurisdiction.
(2) Persons who sell or distribute manufactured homes, mobilehomes, or commercial coaches, subject to registration or titling pursuant to Chapter 8 (commencing with Section 18075), for a manufacturer to dealers licensed under this part, or who are employed by manufacturers or distributors to promote the sale of manufactured homes, mobilehomes, or commercial coaches dealt in by that manufacturer or distributor. However, if any person also sells manufactured homes, mobilehomes, or commercial coaches at retail, the person is a dealer and is subject to this part.
(3) Persons regularly employed as salespersons by dealers licensed under this part while acting within the scope of that employment.
(4) Persons exclusively engaged in the bona fide business of exporting manufactured homes, mobilehomes, or commercial coaches, or of soliciting orders for the sale and delivery of manufactured homes, mobilehomes, or commercial coaches outside the territorial limits of the United States, if no federal excise tax is legally payable on any of those transactions or the tax is legally refundable on the transactions. Persons not exclusively engaged in the bona fide business of exporting manufactured homes, mobilehomes, or commercial coaches but who are engaged in the business of soliciting orders for the sale and delivery of manufactured homes, mobilehomes, or commercial coaches outside the territorial limits of the United States shall be exempt from licensure as dealers only if their gross sales proceeds from manufactured homes, mobilehomes, or commercial coaches produce less than 10 percent of their total gross revenue from all business transacted.
(5) Persons not engaged in the purchase or sale of manufactured homes, mobilehomes, or commercial coaches as a business.
(6) Persons disposing of manufactured homes, mobilehomes, or commercial coaches acquired for their own use or for use in a business of acquiring, leasing, or selling manufactured homes, mobilehomes, or commercial coaches, if the manufactured homes, mobilehomes, or commercial coaches have been so acquired and used in good faith and not acquired or used for the purpose of avoiding the provisions of this part.
(7) Persons licensed as real estate brokers who buy, sell, list, or negotiate the purchase, sale, or exchange of manufactured homes or mobilehomes pursuant to Section 10131.6 of the Business and Professions Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18002.7. (Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.)
18002.8. Department
"Department" means the Department of Housing and Community Development.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18003. Distributor
"Distributor" means any person other than a manufacturer who sells or distributes new manufactured homes, mobilehomes, or commercial coaches to dealers in this state.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18003.3. Dwelling unit
"Dwelling unit" means one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking, eating, and sanitation.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18003.5. (Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.)
18003.5. Escrow agent
"Escrow agent" means the person, firm, or corporation authorized by law to conduct the escrows required by Section 18035.
(Added by Ch. 686, Stats. of 1992, eff. 1/1/93.)
18003.6. Established place of business
"Established place of business" means a place actually occupied, either continuously or at regular periods, by a licensee, where the books and records pertinent to the type of business being conducted are kept.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18003.7. (Repealed by ch. 1056, Stats. of 1967, eff. 1/1/68.)
18003.8. Franchise
"Franchise" means a written agreement between two or more persons having all of the following conditions:
(a) A commercial relationship of definite duration or continuing indefinite duration.
(b) The franchisee is granted the right to offer, and sell at retail, new manufactured homes, mobilehomes, or commercial coaches manufactured or distributed by the franchisor.
(c) The franchisee constitutes a component of the franchisor's distribution system.
(d) The operation of the franchisee's business is substantially associated with the franchisor's trademark, trade name, advertising, or other commercial symbol designating the franchisor, as determined by the department.
(e) The operation of a portion of the franchisee's business is substantially reliant on the franchisor for a continued supply of new manufactured homes, mobilehomes, or commercial coaches, parts, and accessories, as determined by the department.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18004. Franchisee
"Franchisee" means any person who, pursuant to a franchise, receives new manufactured homes, mobilehomes, or commercial coaches from the franchisor and who sells manufactured homes, mobilehomes, or commercial coaches at retail.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18004.1. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18004.3. (Renumbered Section 18006.5 and amended by Ch. 1510, Stats. of 1965,
eff. 1/1/66.)
18004.3. Franchisor
"Franchisor" means any person who manufactures, assembles, or distributes new manufactured homes, mobilehomes, or commercial coaches and who grants a franchise.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18004.4. (Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.)
18004.6. Fraud, deceit
"Fraud" includes any act or omission which is included within the definition of either "actual fraud" or "constructive fraud" as defined, respectively, in Sections 1572 and 1573 of the Civil Code, and the term "deceit" has the same meaning as defined in Section 1710 of the Civil Code.
In addition, the terms "fraud" and "deceit" include, but are not limited to, the following:
(a) A misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact.
(b) A promise or representation not made honestly and in good faith.
(c) An intentional failure to disclose a material fact.
(d) Any act falling within the provisions of Section 484 of the Penal Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18004.8. Good moral character
"Good moral character" has the same meaning as specified in Division 1.5 (commencing with Section 475) of the Business and Professions Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18005. Hearing or notice of hearing
"Hearing" or "notice of hearing", as used in this part, shall mean notice and hearing under Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code except in the case of summary action pursuant to Section 18064.5.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18005.1. (Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.)
18005.3. Junior lienholder
"Junior lienholder" means a person, other than a legal owner, holding a security interest in a manufactured home, mobilehome, commercial coach, floating home, or truck camper perfected by filing the appropriate documents with the department pursuant to Section 18080.7.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 686, Stats. of 1992, eff. 1/1/93.)
18005.5. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18005.6. Lease
"Lease" means an oral or written contract for the use, possession, and occupation of property. "Lease" includes rent.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18005.7. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18005.8. Legal owner
"Legal owner" means a person holding a security interest in a manufactured home, mobilehome, commercial coach, floating home, or truck camper perfected by filing the appropriate documents with the department pursuant to Section 18080.7 if the person is entitled to the designation, as provided in Article 3 (commencing with Section 18085) or 4 (commencing with Section 18098) of Chapter 8. A lien created pursuant to Section 18080.9 is not a security interest for purposes of this definition.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 686, Stats. of 1992, eff. 1/1/93.)
(Amended by Ch. 446, Stats. of 1995, eff. 1/1/96.)
18006. Licensee
"Licensee" means a dealer, dealer branch, manufacturer, distributor, or salesperson licensed pursuant to this part.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1162, Stats. of 1982, eff. 1/1/83.)
18006.3. Manufacturer
(a) "Manufacturer" means any person who produces from raw materials or basic components a manufactured home, mobilehome, or commercial coach of a type subject to the provisions of this part, or who permanently alters for purposes of retail sales, rent, or lease, within this state, manufactured homes, mobilehomes, or commercial coaches by converting them into manufactured homes, mobilehomes, or commercial coaches subject to this part.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1162, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
18006.5. (Repealed by Ch. 1056, Stats. of 1967, eff. 1/1/68.)
18007. Manufactured home
"Manufactured home", for the purposes of this part, means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under this part. "Manufactured home" includes a mobilehome subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.).
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18007.5. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18008. Mobilehome
"Mobilehome," for the purposes of this part, means a structure that meets the requirements of Section 18007. "Mobilehome" does not include a commercial coach, as defined in Section 18001.8, factory-built housing, as defined in Section 19971, or a recreational vehicle, as defined in Section 18010.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 875, Stats. of 1989, eff. 1/1/90.)
(Amended by Ch. 185, Stats. of 1995, eff. 1/1/96.)
18008.5. Manufactured home or mobilehome accessory building or structure; manufactured home or mobilehome accessory
"Manufactured home or mobilehome accessory building or structure" or "manufactured home or mobilehome accessory" includes, but is not limited to, any awning, portable, demountable, or permanent cabana, ramada, storage cabinet, carport, skirting, heater, cooler, fence, windbreak, or porch established for the use of the occupant of the manufactured home or mobilehome or other equipment as defined by Section 1797.3 of the Civil Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18008.7. Multi-unit manufactured housing
(a) "Multi-unit manufactured housing," for the purposes of this part, means either of the following:
(1) A structure transportable under permit in one or more sections, designed and equipped to contain not more than two dwelling units, a dormitory, or an efficiency unit, to be used either with a support system or a foundation system.
(2) A structure transportable under permit in one or more sections, designed to be used with a foundation system for either of the following purposes:
(A) Three or more dwelling units, as defined by Section 18003.3.
(B) A residential hotel, as defined by paragraph (1) of subdivision (b) of Section 50519.
(b) Multi-unit manufactured housing shall be constructed in compliance with applicable department regulations. The handicap accessibility and adaptability requirements of Title 24 of the California Code of Regulations applicable to dormitories, hotels, and apartment houses shall be applicable to multi-unit manufactured housing constructed for those purposes.
(c) Notwithstanding any other provision of law, all provisions of law that apply to manufactured homes shall apply equally to multi-unit manufactured housing, except as provided in this section.
(d) For purposes of this section:
(1) "Dormitory" means a room or rooms inhabited for the purposes of temporary residence by two or more persons.
(2) "Efficiency unit" has the same meaning as defined in Section 17958.1.
(Added by Ch. 185, Stats. of 1995, eff. 1/1/96.)
18009. New manufactured home; new mobilehome; new commercial coach
"New manufactured home," "new mobilehome," or "new commercial coach" is a manufactured home, mobilehome, or commercial coach which is not defined as a "used manufactured home," "used mobilehome," or "used commercial coach" under Section 18014, which is delivered for sale or lease in this state, and which has not been delivered to a first purchaser or lessor for purposes other than resale or reletting.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18009.5. Registered owner
"Registered owner" means a person registered by the department as the owner of a manufactured home, mobilehome, commercial coach, floating home, or truck camper.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 686, Stats. of 1992, eff. 1/1/93)
18010. Recreational vehicle
"Recreational vehicle" means either of the following:
(a) A motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational, emergency, or other occupancy, which meets all of the following criteria:
(1) It contains less than 320 square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.
(2) It contains 400 square feet or less of gross area measured at maximum horizontal projections.
(3) It is built on a single chassis.
(4) It is either self-propelled, truck-mounted, or permanently towable on the highways without a permit.
(b) A park trailer designed for human habitation for recreational or seasonal use only, which meets all of the following criteria:
(1) It contains 400 square feet or less of gross floor area measured at the maximum horizontal projections. However, it may not exceed 12 feet in width or 40 feet in length in the traveling mode.
(2) It is built on a single chassis.
(3) It may only be transported upon the public highways with a permit.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 419, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1078, Stats. of 1986, eff. 9/24/86, operative 1/1/87.)
(Amended by Ch. 1178, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 765, Stats. of 1990, eff. 1/1/91.)
18010.2. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18010.5. Regulations; rules and regulations
"Regulations" or "rules and regulations," as used in this part, means regulations promulgated by the commission or department, as appropriate, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18011. Rent
"Rent" means money or other consideration given for the right of use, possession, and occupation of property.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18011.3. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18011.5. (Repealed by Ch. 1162, Stats. of 1982, eff. 1/1/83.)
18012. Retailer
"Retailer" means a dealer.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18012.3. Sale; sold
"Sale" or "sold", for purposes of Chapter 8 (commencing with Section 18075) does not include or extend to any sale made by a manufacturer or a distributor to a dealer or by a dealer to another dealer licensed under this part.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 442, Stats. of 1986, eff. 1/1/87.)
18012.4. Slide-in camper
"Slide-in camper" means a portable unit, consisting of a roof, floor, and sides, designed to be loaded onto, and unloaded from, a truck and designed for human habitation for recreational or emergency occupancy. "Slide-in camper" means a truck camper.
(Added by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18012.5. Special purpose commercial coach
"Special purpose commercial coach" means a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is not required to be moved under permit, and shall include a trailer coach.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18013. Salesperson
(a) "Salesperson" means a person employed by a dealer and not otherwise expressly excluded by this section, who does one or more of the following:
(1) For commission, money, profit, or other thing of value, sells, exchanges, buys, leases, or offers for sale, negotiates, or attempts to negotiate, a sale, lease, or exchange of an interest in a manufactured home, mobilehome, or commercial coach.
(2) Induces or attempts to induce any person to buy, lease, or exchange an interest in a manufactured home, mobilehome, or commercial coach, and who receives or expects to receive a commission, money, brokerage fees, profit, or any other thing of value, from either the seller, lessee, or purchaser of the manufactured home, mobilehome, or commercial coach.
(3) Exercises managerial control over the business of a licensed manufactured home, mobilehome, or commercial coach dealer or who supervises salespersons employed by a licensed dealer, whether compensated by salary or commission, including, but not limited to any person who is employed by the dealer as a general manager, assistant general manager, sales manager, or in any capacity, regardless of title, where the individual reviews, advises, supervises, or oversees, sales contracts, credit applications, or any other documents pertaining to the sale, purchase, or lease of manufactured homes or mobilehomes, or any employee of a licensed manufactured home, mobilehome, or commercial coach dealer who negotiates with or induces a customer to enter into a security agreement, lease, or purchase agreement or purchase order for the sale of a manufactured home, mobilehome, or commercial coach on behalf of the licensed manufactured home, mobilehome, or commercial coach dealer.
(b) The term "salesperson" does not include any of the following:
(1) A representative of an insurance company, finance company, bank, savings and loan association, or public official, who in the regular course of business, is required to dispose of, or sell manufactured homes, mobilehomes or commercial coaches under a contractual right or obligation of the employer, or in the performance of an official duty, or under authority of any court of law, as long as the sale is for the purpose of protecting the seller from any loss or is pursuant to the authority of a court of competent jurisdiction.
(2) A person who is licensed as a manufacturer or distributor.
(3) A person exclusively employed in a bona fide business of exporting manufactured homes, mobilehomes, or commercial coaches, or of soliciting orders for the sale and delivery of mobilehomes or commercial coaches outside the territorial limits of the United States.
(4) A person not engaged in the purchase or sale of manufactured homes, mobilehomes, or commercial coaches as a business, disposing of manufactured homes, mobilehomes, or commercial coaches acquired for the person's own use, or for use in business when they have been so acquired and used in good faith and not for the purpose of avoiding the provisions of this part.
(5) A person licensed as a manufactured home, mobilehome, or commercial coach dealer doing business as a sole ownership or a member of a partnership or a stockholder and director of a corporation licensed as a manufactured home, mobilehome, or commercial coach dealer under this part, as long as the person engages in the activities of a salesperson exclusively on behalf of the sole ownership or partnership or corporation in which the person owns an interest or stock, and the person owning the stock is a director of the corporation; otherwise, the person shall be deemed to be a manufactured home, mobilehome, or commercial coach salesperson and subject to the provisions of Section 18045.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1162, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
18013.2. Third Party
"Third-party entity" or "third party," as used in this part, means an entity which is all of the following:
(a) In the business of inspecting equipment, systems, and assemblies and monitoring quality assurance programs, or analyzing plans, designs, specifications, and engineering calculations supporting design concepts.
(b) Not under the control or jurisdiction of any manufacturer or supplier for any affected industry except by contract as required and approved by the department.
(c) Making available specific information as required by the department.
(d) Approved by the department.
(Added by Ch. 165, Stats. of 1986, eff. 1/1/87)
(Amended by Ch. 1178, Stats. of 1988, eff. 1/1/89)
(Repealed by Ch. 1144, Stats. of 1989, eff. 9/30/89)
(Added by Ch. 1278, Stats. of 1989, eff. 1/1/90)
(Amended by Ch. 506, Stats. of 1991. eff. 1/1/92)
18013.4. Truck camper
"Truck camper" means a slide-in camper as defined in Section 799.24 of the Civil Code.
(Added by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18013.5. (Repealed by Ch.394, Stats. of 1996, eff. 1/1/97.)
18014. Used manufactured home; used mobilehome; used commercial coach
"Used manufactured home," "used mobilehome," or "used commercial coach" means a manufactured home, mobilehome, or commercial coach that was previously sold and registered or titled with the department, or with an appropriate agency or authority, or any other state, District of Columbia, territory or possession of the United States or a foreign state, province, or country.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
CHAPTER 2. APPLICATION AND SCOPE
18015. Applicability of part; rules and regulations
The provisions of this part apply to all parts of the state and supersede any ordinance enacted by any city, county, or city and county which conflict with the provisions of this part. The department may promulgate regulations to interpret and make specific the provisions of this part relating to construction, titling and registration, occupational licensing, advertising, commercial transactions, and other related or specifically enumerated activities, and, when adopted, these rules and regulations shall apply in all parts of the state. The department may promulgate rules and regulations to interpret and make specific the other provisions of this part and when adopted these rules and regulations shall apply in all parts of the state.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18015.5. Applicability to commercial coaches
The provisions of Chapter 4 (commencing with Section 18025), applicable to manufactured homes and mobilehomes, shall also apply to commercial coaches, except that reasonable variations in standards for commercial coaches shall be established by regulations if the department determines these variations will not endanger public health, welfare, or safety.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18015.7. Sales to city, county, city and county, or other public agency
Subdivision (p) of Section 18062.8 shall not apply to a sale to a city, county, city and county, or any other public agency for the purpose of providing housing for low- and moderate-income households, as defined in Section 50093.
(Added by Ch. 185, Stats. of 1995, eff. 1/1/96.)
18016. Approved alternative materials, etc.
(a) The provisions of this part are not intended to prevent the use of any material, appliance, installation, device arrangement, or method of construction not specifically prescribed by this part and the rules and regulations promulgated pursuant thereto, provided any alternate has been approved by the department.
(b) The department may approve any alternate if it finds that the proposed design is satisfactory and that the material, appliance, installation, device, arrangement, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this part and the rules and regulations promulgated pursuant thereto in quality, strength, effectiveness, fire resistance, durability, safety, and for the protection of life and health.
(c) Whenever there is evidence that any material, appliance, installation, device, arrangement, or method of construction does not conform to the requirements of this part and the rules and regulations promulgated pursuant thereto, or in order to substantiate claims for alternates, the department may require tests or proof of compliance to be made at the expense of the owner or his or her agent.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18016.5. Mobilehome--manufactured home revolving fund
(a) The Mobilehome Revolving Fund is continued in existence and renamed the Mobilehome-Manufactured Home Revolving Fund. Money transferred to, or deposited in, the fund is continuously appropriated to the department notwithstanding Section 13340 of the Government Code, for expenditure in carrying out the provisions of this part. All fees or other moneys accruing to the department pursuant to this part shall, except as otherwise expressly provided by law, be deposited in the fund.
(b) Total money contained in the Mobilehome-Manufactured Home Revolving Fund on June 30 of each fiscal year shall not exceed the amount of money needed for operating expenses for one year for the enforcement of this part. If the total money contained in the fund exceeds this amount, the commission or department, as appropriate, shall make appropriate reductions in the schedule of fees authorized by this part.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 195, Stats. of 1983, eff. 7/12/83.)
CHAPTER 3. ENFORCEMENT
18020. Departmental duties; department-approved third-party entities; regulations; inspection services; citation and fines; remedies
(a) Except for the provisions of Section 18027.3, and except as provided by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401, et seq.), as it applies to the manufacture of new manufactured housing, the department shall enforce this part and the rules and regulations adopted pursuant to this part.
(b) The department may, at the department's sole option, enforce Chapter 4 (commencing with Section 18025) and the rules and regulations adopted pursuant to that Chapter 4 through department-approved third-party entities. The department shall adopt regulations for the approval of third-party entities, including, but not limited to, all of the following criteria:
(1) Freedom from any conflict of interest.
(2) Qualifications of personnel.
(3) Frequency of inspections or monitorings of manufacturer quality control.
(4) Involvement in collusive or fraudulent actions related to the performance of activities required by Section 18013.2.
(5) Any other conditions of operation that the department may reasonably require.
(c) The department may require rotation of third-party entities performing inspection services for any manufacturing facility within the state to prevent the third-party entity from either performing within the same facility for more than 365 calendar days or performing inspections for any facility when the third-party entity performed inspection services within the previous 365 calendar days.
(d) The department shall monitor the performance of third-party entities approved pursuant to subdivision (b) and shall require periodic reports in writing containing information that the department may reasonably require to determine compliance with the conditions of the department's approval.
(1) When the department receives information about an alleged inadequacy in the performance of a third-party entity, including any involvement in collusive or fraudulent actions related to the performance of activities required by Section 18013.2, it shall consider the information in its monitoring efforts and make a determination about the validity of the alleged inadequacy in a timely manner.
(2) When the department determines, either through its monitoring efforts or through information provided by any other person, that an approved third-party entity has failed to perform according to the conditions of approval, the department may withdraw approval by forwarding written notice to the approved third-party entity by registered mail to its address of record, briefly summarizing the cause for the department's decision.
(3) A third-party entity, upon having its approval withdrawn by the department, may request a hearing before the director of the department. The request for hearing shall be in writing and either delivered or postmarked prior to midnight on the 10th calendar day from the date of the department's notice.
(4) The department, upon timely receipt of a written request for hearing, shall, within 30 calendar days, schedule a hearing before the director or his or her agent. All hearings pursuant to this subdivision shall be held in the department's Sacramento offices and the decision of the director shall be final.
(5) A third-party entity whose approval has been withdrawn by the department shall not be permitted to reapply for the department's approval pursuant to subdivision (b) for a period of one year from the date that the approval was withdrawn by the department.
(6) A third-party entity whose approval has been withdrawn more than once by the department shall not be permitted to reapply for department approval pursuant to subdivision (b) for a period of not less than one year from the date that the department's approval was last withdrawn.
(7) No third-party entity shall perform the activities required by Section 18013.2 unless it has the approval of the department.
(e) (1) Upon finding a violation of subdivision (b) on the part of a third-party entity, the director shall issue citations and levy administrative fines. Each citation and fine assessment shall be in writing and describe the particulars for the citation. The citation and fine assessment shall be issued no later than six months after discovery of the violation.
(2) The fine for the first violation shall be at least five hundred dollars ($500) and shall not exceed one thousand dollars ($1,000). The fine for the second violation shall be at least two thousand dollars ($2,000) and not exceed four thousand dollars ($4,000). The fine for the third violation shall be at least five thousand dollars ($5,000), and shall not exceed ten thousand dollars ($10,000). The fines shall be assessed for each day the violation occurs. If a third-party entity has been cited more than three times during a 365 day period, the approval to conduct inspections on behalf of the department shall be suspended for a minimum of one year.
(3) The third-party entity may request an administrative hearing on the citation or fine. If the party fails to request a hearing within 30 days, and does not pay the fine, the approval to perform inspections shall be automatically revoked, until the time that the department finds that the circumstances which led to the citation have been corrected and the fines have been paid.
(4) Upon review of the findings from the administrative hearing, the director may modify, rescind, or uphold the citation and fine assessment. The decision of the director shall be served by regular mail.
(5) The fines shall be paid into the Housing and Community Development Fund, which is hereby created in the State Treasury, and shall be used, when appropriated by the Legislature, to offset the department's costs to administer this part.
(f) The remedies provided in this part to any aggrieved party are not exclusive and shall not preclude the applicability of any other provision of law.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 165, Stats. of 1986, eff. 6/18/86.)
(Amended by Ch. 1278, Stats. of 1989, eff. 1/1/90.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18020.5. Offense; punishment; limitation of prosecution
(a) Any person who knowingly violates any provision of this part or any rule or regulation issued pursuant to this part, except for a violation of any federal manufactured home or mobilehome construction and safety standard for which a penalty is provided in Section 18021, is guilty of a misdemeanor, punishable by a fine not exceeding two thousand dollars ($2,000), by imprisonment not exceeding 30 days, or by both.
(b) Notwithstanding Section 801 of the Penal Code, the one-year period for filing an indictment or an information or complaint with respect to any misdemeanor in subdivision (a) by a licensee in the first sale or lease of any manufactured home, mobilehome, or commercial coach to a consumer shall commence on the date that the manufactured home, mobilehome, or commercial coach, is delivered to the consumer.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18021. Federal violation; punishment
(a) Any person who knowingly violates any provision of Section 5409 of Title 42 of the United States Code, or any regulation or final order issued thereunder as it exists on the effective date of this section in this state, shall be liable to the state for a civil penalty of not to exceed one thousand dollars ($1,000) for each violation. Each violation of a provision of Section 5409 of Title 42 of the United States Code, or any regulation or order issued thereunder, as it exists on the effective date of this section shall constitute a separate violation with respect to each manufactured home or mobilehome, or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed one million dollars ($1,000,000) for any related series of violations occurring within one year from the date of the first violation.
(b) Any individual or a director, officer, or agent of a corporation, who knowingly violates Section 5409 of Title 42 of the United States Code as it exists on the effective date of this section in this state in a manner which threatens the health and safety of any purchaser, shall be subject to a state fine of not more than one thousand dollars ($1000), or by imprisonment for not more than one year, or by both such a fine and imprisonment.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18021.5 Violations relating to licensing or titling and registration;
misdemeanor;punishment; suspension or revocation; recovery of
investigative and enforcement costs; civil penalty; other remedies; findings
of administrative law judge
(a) Any person who knowingly violates any of the provisions of this part relating to licensing or titling and registration, or any rules or regulations promulgated therefor, is guilty of a misdemeanor, punishable by a fine not exceeding two thousand dollars ($2,000) or by imprisonment not exceeding 30 days, or by both.
(b) The department, after notice and hearing, may suspend or revoke the license issued to a licensee, as provided for by this part, who knowingly violates any of the provisions of this part. In any hearing before a judge or in any administrative action before an administrative law judge, the department may seek and may recover its investigative and enforcement costs from the licensee unless the licensee prevails on the charges. The department may also seek fines, and may seek restitution as provided in subdivision (d).
(c) Any person who knowingly violates any provision of this part relating to licensing
or titling and registration, or any rules or regulations promulgated therefor, shall be liable for a civil penalty not exceeding two thousand dollars ($2,000) for each violation or for each day of a continuing violation. The department shall institute or maintain an action in a court of appropriate jurisdiction to collect any civil penalty arising under this section.
(d) In addition to the other remedies provided in this section, the department may pursue any other remedies provided for in this part and may seek restitution for any monetary loss to a purchaser, seller, licensee, financing agency, governmental agency, or other person or entity suffering a monetary loss as a result of a violation of this part.
(e) In any disciplinary hearing before an administrative law judge concerning licensing, upon request of the department and pursuant to appropriate proof, the administrative law judge shall make the following findings:
(1) The amount of the actual and direct monetary loss to any person or entity as a result of fraud, willful misrepresentation, or breach of warranty or guarantee by the respondent.
(2) The amount of the department's investigative and enforcement costs up to and including the date of the hearing, including, but not limited to, charges imposed by the Office of Administrative Hearings pursuant to hearing the case and issuing a proposed decision.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 763, Stats. of 1985, eff. 1/1/86.)
(Amended by Ch. 1289, Stats. of 1988, eff. 9/26/88.)
(Amended by Ch. 1285, Stats. of 1988, eff. 1/1/89.)
18021.6. Application of penal laws to transactions involving fraud, misrepresentation, forgery, or deceit
Nothing in this part shall be construed as precluding the application of any other provision of the penal laws of this state to any transaction involving fraud, misrepresentation, forgery, or deceit which violates this part.
(Added by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
18021.7. Citations for violation of specified sections; penalties; hearings
(a) In addition to other remedies provided in this part, the Director of Housing and Community Development or his or her designee may issue a citation which assesses a civil penalty payable to the department to any licensee violating subdivision (b) of Section 18032, Section 18035, 18035.1, 18035.2, or 18035.3, subdivision (c) of Section 18060, subdivision (j) of Section 18061.5, or Section 18080.5. Each citation and related civil penalty assessment shall be issued no later than six months after discovery of the violation.
(b) The amount of any civil penalty assessed pursuant to subdivision (a) shall be one hundred dollars ($100) for each violation, but shall be increased to two hundred fifty dollars ($250) for each subsequent violation of the same prohibition for which a citation for the subsequent violation is issued within one year of the citation for the previous violation. The violation or violations giving cause for the citation shall be corrected if applicable, and payment of the civil penalty shall be remitted to the department within 45 days of the date of issuance of the citation. Civil penalties received by the department pursuant to this section shall be deposited in the Mobilehome-Manufactured Home Revolving Fund.
(c) Any person or entity served a citation pursuant to this section may petition for, and shall be granted, an informal hearing before the director or his or her designee. The petition shall be a written request briefly stating the grounds for the request. Any petition, to be considered, shall be received by the department within 30 days of the date of issuance of the citation.
(d) Upon receipt of a timely and complying petition, the department shall suspend enforcement of the citation and set a time and place for the informal hearing and shall give the licensee written notice thereof. The hearing shall commence no later than 30 days following receipt of the petition or at another time scheduled by the department pursuant to a request by the licensee or department if good and sufficient cause exists. If the licensee fails to appear at the time and place scheduled for the hearing, the department may notify the licensee in writing that the petition is dismissed and that compliance with terms of the citation shall occur within 10 days after receipt of the notification.
(e) The department shall notify the petitioner in writing of its decision and the reasons therefor within 30 days following conclusion of the informal hearing held pursuant to this section. If the decision upholds the citation, in whole or in part, the licensee shall comply with the citation in accordance with the decision within 30 days after the decision is mailed by the department.
(f) Nothing in this section shall be construed to preclude remedies available under other provisions of law.
(Added by Ch. 793, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 686, Stats. of 1992, eff. 1/1/93.)
18022. Administration; inspections
(a) The director, and other representatives of the department designated by him or her, shall enforce those provisions of law committed to the administration of the department pursuant to this part.
(b) Any person designated in subdivision (a) may inspect any manufactured home, mobilehome, commercial coach, or truck camper of a type required to be registered under this code, or any component part thereof, in any garage, repair shop, parking lot, new or used sales facility, manufacturer's facility, display facility, or any other establishment engaged in the business of selling, repairing, or displaying manufactured homes, mobilehomes, commercial coaches, or truck campers or the integral parts thereof, for the purpose of investigating the title and registration of the manufactured home, mobilehome, commercial coach, or truck camper, or the sales practices thereof.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18022.5. Injunctions; appointment of receiver; restitution
(a) Whenever the director determines through an investigation that any person has violated this part, or any regulation, order, license, permit, decision, demand, or requirement or any part or provision thereof issued pursuant to this part, the director may bring an action in the name of the people of the State of California against that person to enjoin the person from continuing the violation or engaging therein or doing any act or acts in furtherance thereof.
In the action, an order or judgment may be entered awarding a preliminary or final injunction as may be proper.
If the director makes a showing satisfactory to the court that the violation or threatened violation jeopardizes funds and properties of others in the custody or under the control of the defendant, the court may appoint a receiver for management of the business of the defendant, including, but not limited to, the funds and properties of others in his or her possession or may make any other order as it deems appropriate to protect and preserve those funds and properties.
(b) The director may include in any action authorized by subdivision (a), a claim for restitution on behalf of the persons injured by the act or practice constituting the subject matter of the action, and the court shall have jurisdiction to award appropriate relief to those persons.
(Added by Ch. 707, Stats. of 1987, eff. 1/1/88.)
18023. Powers of peace officers
(a) The director, and any other representatives of the department designated by the director, shall have the powers of peace officers only for the purpose of service of warrants or documents and for the cooperation with other law enforcement agencies in the collection of information.
(b) The department shall notify any concerned governmental agency whenever it is determined by investigation that an escrow agent has done any of the following:
(1) Violated Section 18035, 18035.2, or applicable administrative rules and regulations.
(2) Engaged in loan fraud.
(3) Submitted false information to the department for the purposes of titling and registration of a manufactured home or mobilehome.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 865, Stats. of 1990, eff. 1/1/91.)
18024. Acting as a dealer without a license; citation; civil penalties; regulations; cumulative remedies
(a) If, upon inspection or investigation, based upon a complaint or otherwise, the department has cause to believe that a person is acting in the capacity, or engaging in the business, of a dealer within this state without having a license in good standing therefor, and the person is not otherwise exempt pursuant to subdivision (b) of Section 18002.6, the department may issue a citation to that person in writing, describing with particularity the basis of the citation. Each citation may contain an order of abatement and assessment of a civil penalty not to exceed two thousand dollars ($2,000). All civil penalties collected under this section shall be deposited in the Mobilehome-Manufactured Home Revolving Fund provided for in Section 18016.5.
(b) The department shall adopt regulations prescribing procedures for issuance of citations under this section and covering the assessment of a civil penalty which shall give due consideration to the gravity of the violation, the good faith of the person cited, and any history of previous violations.
(c) The sanctions authorized under this section shall be separate from, and in addition to, all other civil or criminal remedies.
(Added by Ch. 752, Stats. of 1983, eff. 1/1/84.)
18024.2. Issuance of citation; limitation
A citation under Section 18024 shall be issued by the department within three years after the act or omission which is the basis for the citation.
(Added by Ch. 752, Stats. of 1983, eff. 1/1/84.)
18024.3. Appeal to the department; time; delivery of citation
Any person served with a citation under Section 18024 may appeal to the department within 30 days from the receipt of the citation with respect to violations alleged, scope of the order of abatement, or amount of civil penalty assessed. The citation shall inform the person served that an appeal is required to be filed within 30 days of receipt by the person of the citation. The citation shall be delivered by personal service or substitution.
(Added by Ch. 752, Stats. of 1983, eff. 1/1/84.)
18024.4. Failure to appeal; finality of citation; judicial review and costs; extension of appeal period by the department
If, within 30 days from receipt of the citation, the person cited fails to notify the department that he or she intends to appeal the citation, the citation shall be deemed final. However, the person cited may obtain judicial review in accordance with Section 11523 of the Government Code. The person cited shall receive court costs and attorney's fees if he or she prevails. The 30-day period may be extended by the department for good cause.
(Added by Ch. 752, Stats. of 1983, eff. 1/1/84.)
18024.5. Notice of intent to contest citation; hearing; decision; law governing proceedings
If the person cited under Section 18024 timely notifies the department that he or she intends to contest the citation, the department shall afford an opportunity for a hearing. The department shall thereafter issue a decision, based on findings of fact, affirming, modifying, or vacating the citation or directing other appropriate relief. The proceedings under this section shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the department shall have all the powers granted therein.
(Added by Ch. 752, Stats. of 1983, eff. 1/1/84.)
18024.6. Exhaustion of review procedures; superior court judgment and order
After the exhaustion of the review procedures provided for in Sections 18024.3 to 18024.5, inclusive, the department may apply to the appropriate superior court for a judgment in the amount of the civil penalty and an order compelling the cited person to comply with the order of abatement. The application, which shall include a certified copy of the final order of the department, shall constitute a sufficient showing to warrant the issuance of the judgment and order.
(Added by Ch. 752, Stats. of 1983, eff. 1/1/84.)
CHAPTER 4. STANDARDS
18025. Structural, fire safety, plumbing, heating, and electrical requirements; rules and regulations; compliance with federal law
(a) Except as provided in subdivision (b), (c), and (d), it is unlawful for any person to sell, offer for sale, rent, or lease within this state, any manufactured home or any mobilehome, commercial coach, or special purpose commercial coach manufactured after September 1, 1958, containing structural, fire safety, plumbing, heat-producing, or electrical systems and equipment unless the systems and equipment meet the requirements of the department for those systems and equipment and the installation of them. The department may adopt those rules and regulations which shall be reasonably consistent with recognized and accepted principles for structural, fire safety, plumbing, heat-producing, and electrical systems and equipment and installations, respectively, in order to protect the health and safety of the people of this state from dangers inherent in the use of substandard and unsafe structural, fire safety, plumbing, heat-producing, and electrical equipment and installations.
(b) All manufactured homes and mobilehomes manufactured on or after June 15, 1976, shall comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., Sec. 5401 et seq.).
(c) The sale of used manufactured homes and mobilehomes by a dealer licensed pursuant
to this part shall be subject to Section 18046.
(d) The sale of used manufactured homes and mobilehomes by a real estate broker or salesperson licensed under Division 4 (commencing with Section 10000) of the Business and Professions Code shall be subject to Section 2079 of the Civil Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 763, Stats. of 1985, eff. 1/1/86.)
(Amended by Ch. 812, Stats. of 1996, eff. 1/1/97.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18025.5. Enforcement of federal safety and construction standards; inspections; operative date of section
(a) Pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., Sec. 5401 et seq.), the department may assume responsibility for the enforcement of manufactured home and mobilehome construction and safety standards relating to any issue with respect to which a federal standard has been established. The department may adopt regulations to ensure acceptance by the Secretary of Housing and Urban Development of California's plan for the administration and enforcement of federal manufactured home and mobilehome safety and construction standards.
(b) The department may to conduct inspections and investigations that it determines may be necessary to secure enforcement of this part and regulations adopted pursuant to this part.
(c) Subsection (b) shall not apply to the enforcement of Section 18027.3 unless the department determines there is a compelling reason to exercise oversight in the inspection of recreational vehicles or park trailers at a factory, in which case the department may investigate the inspection, or conduct a department inspection, on recreational vehicles or park trailers at a factory and utilize any means necessary to collect a fee on the manufacturer for the cost of the department investigation or inspection.
(d) For the purposes of enforcement of this part and the related regulations, persons duly designated by the director of the department, upon presenting appropriate credentials to the owner, operator, or agent in charge, may do both of the following:
(1) Enter, at any reasonable times and without advance notice, any factory, warehouse, sales lot, or establishment in which manufactured homes, mobilehomes, commercial coaches, or special purpose commercial coaches are manufactured, stored, held for sale, sold, or offered for sale, rent, or lease.
(2) Inspect, at reasonable times and within reasonable limits and in a reasonable manner, any factory, warehouse, sales lot, or establishment, and inspect the books, papers, records, and documents to ensure compliance with this part.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 707, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 799, Stats. of 1996, eff. 1/1/97.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18025.6. Repealed federal standards; period of enforcement
When a standard for manufactured homes which was adopted pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.), is repealed by the United States Department of Housing and Urban Development and no new preemptive federal standard is adopted as a replacement standard, the department may continue to enforce the federal standard for manufactured homes to be sold in this state, for a period of one year from the operative date of the repeal or until the department adopts a regulation to replace the repealed federal standard, whichever occurs first. The replacement standard, if any, may be adopted as an emergency regulation.
(Added by Ch. 1178, Stats. of 1988, eff. 1/1/89.)
18026. Federal label or insignia of approval
(a) All manufactured homes, mobilehomes, commercial coaches, and special purpose commercial coaches manufactured on or after September 1, 1958, that are sold, offered for sale, rented, or leased within this state shall bear a federal label or an insignia of approval issued by the department, whichever is appropriate, to indicate compliance with the regulations of the department adopted pursuant to this part, which were in effect on the date of manufacture of the manufactured home, mobilehome, commercial coach, or special purpose commercial coach.
(b) The department may issue insignia for manufactured homes, mobilehomes, commercial coaches, or special purpose commercial coaches manufactured prior to the effective dates of the appropriate regulations that meet the requirements of reasonable standards of health and safety as set forth in this part or the regulations adopted pursuant to this part in effect at the time of that issue.
(c) It is unlawful for any person to remove, or cause to be removed, an insignia of approval affixed pursuant to this section without prior authorization by the department.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 707, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18026.1. Units sold to federal government for use on federal lands; exemption from specified equipment requirements
Units sold to the federal government for use on federal lands are exempt from the requirements of Sections 18025 and 18026.
(Added by Ch. 442, Stats. of 1986, eff. 1/1/87.)
18027. Insignia of approval; grounds for denial
Any manufactured home, mobilehome, or commercial coach which is manufactured in violation of the provisions of Chapter 11 (commencing with Section 19870) of Part 3 of Division 13 of this code, or Division 15 (commencing with Section 25004.2) of the Public Resources Code, or regulations adopted pursuant thereto, shall not be issued the department's insignia of approval.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18027.3. Recreational vehicles; construction standards; operative date of change in standards; electrical power supply cord
(a) The Legislature finds and declares as follows:
(1) The American National Standards Institute (ANSI) has adopted standards for the design and safety of recreational vehicles, including park trailers, pursuant to procedures that have given diverse views an opportunity to be considered and which indicate that interested and affected parties have reached substantial agreement on their adoption.
(2) The ANSI A119.2 and A119.5 standards are designed to protect the health and safety of persons using recreational vehicles and park trailers.
(3) Compliance with those standards as required by this section may be enforced by any law enforcement authority having appropriate jurisdiction, pursuant to Section 18020.5, which makes it a crime to violate any provision of this part. Therefore, to promote governmental efficiency and economy and to avoid duplication of activities and services, it is appropriate to eliminate the role of the department in modifying and enforcing standards for the construction of recreational vehicles.
(b) Recreational vehicles specified in subdivision (a) of Section 18010 that are manufactured on or after January 1, 1999, shall be constructed in accordance with Standard No. A119.2 as contained in the 1996 edition of the Standards of the American National Standards Institute.
(c) Recreational vehicles specified in subdivision (b) of Section 18010 that are manufactured on or after January 1, 1999, shall be constructed in accordance with Standard No. A119.5 as contained in the 1998 edition of the Standards of the American National Standards Institute.
(d) A change in Standard No. A119.2 or A119.5 contained in a new edition of the Standards of the American National Standards Institute shall become operative on the 180th day following the publication date.
(e) No recreational vehicle shall be equipped with more than one electrical power supply cord.
(f) Any recreational vehicle manufactured on or after January 1, 1999, that is offered for sale, sold, rented, or leased within this state shall bear a label or an insignia indicating the manufacturer=s compliance with the American National Standards Institute standard specified in subdivision (b) or (c).
(g) Any recreational vehicle manufactured prior to January 1, 1999, that is offered for sale, sold, rented, or leased within this state shall bear a label or an insignia of approval indicating the manufacturer=s compliance with the American National Standards Institute standard or a department insignia issued prior to January 1, 1999, indicating compliance with the state standard that was in effect pursuant to this chapter on the date of manufacture, including any modifications contained in regulations.
(h) It is unlawful for any person to do either of the following:
(1) Remove, or cause to be removed, a label, an insignia, or an insignia of approval affixed pursuant to this section.
(2) Alter or convert, or cause to be altered or converted, any recreational vehicle in a manner that is inconsistent with ANSI Standard A119.2 or A119.5 when the recreational vehicle is used, occupied, sold, or offered for sale within this state.
(Added by Ch. 1078, Stats. of 1986, eff. 9/24/86.)
(Amended by Ch. 1178, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18027.5. Truck campers; manufacturer's serial or identification number; necessity
(a) It shall be unlawful to manufacture a truck camper as defined in Section 18010, unless the truck camper has a manufacturer's serial or identification number legibly stamped onto or permanently affixed to the interior and exterior of the truck camper.
(b) No retailer shall sell any new truck camper unless the truck camper has a manufacturer's serial or identification number as required in subdivision (a).
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18028. Regulations for construction; adoption of model construction codes
(a) The department may adopt regulations for the construction of commercial coaches and special purpose commercial coaches, and of manufactured homes and mobilehomes that are not subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401 et seq.) that it determines are reasonably necessary to protect the health and safety of the occupants and the public.
(b) Requirements for the construction, alteration, or conversion of commercial coaches shall be those contained, with reasonably necessary additions thereto, or deletions therefrom, as adopted by department regulations, in all of the following:
(1) The 1991 Edition of the Uniform Building Code, published by the International Conference of Building Officials.
(2) The 1993 Edition of the National Electrical Code, published by the National Fire Protection Association.
(3) The 1991 Edition of the Uniform Mechanical Code, published jointly by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials.
(4) The 1991 Edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials.
(c) The department shall, on or after January 1, 1994, adopt by regulations the most recent editions of the codes specified in subdivision (b) within one year from their publication date, with appropriate additions or deletions. The requirements promulgated by the department pursuant to this section shall only apply to the construction, alteration, and conversion of commercial coaches and not to the use or operation thereof.
(d) No municipality shall prohibit the use of a commercial coach that bears a valid decal and insignia, based on the date the insignia was issued.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 707, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 631, Stats. of 1993, eff. 1/1/94.)
18028.5. Foam building systems; laws applicable
(a) The provisions of Section 17920.9, and the rules and regulations adopted pursuant thereto, shall be applicable to the sale, offering for sale, or use in the construction of commercial coaches and of manufactured homes and mobilehomes which are not subject to the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.), of any foam building system, and to any such mobilehome or commercial coach in which that system is used as a component.
(b) All manufactured homes, including mobilehomes manufactured on or after June 15, 1976, shall comply with the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.).
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18029. Alteration or conversion of approval installations or equipment
It is unlawful for any person to alter or convert, or cause to be altered or converted, the structural, fire safety, plumbing, heat-producing, or electrical systems and installations or equipment of a manufactured home, mobilehome, special purpose commercial coach, or commercial coach that bears a department insignia of approval or federal label when the manufactured home, mobilehome, special purpose commercial coach, or commercial coach is used, occupied, sold, or offered for sale within this state, unless its performance as altered or converted is in compliance with regulations adopted by the department. The department may adopt regulations providing requirements for alterations and conversions described in this section.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 763, Stats. of 1985, eff. 1/1/86.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18029.3. Commercial coach or special purpose commercial coach; compliance with health and safety regulations
Any manufactured home, mobilehome, vehicle, or transportable structure manufactured, remanufactured, altered, used, or converted for use as a commercial coach or special purpose commercial coach shall comply with this part and the regulations adopted thereunder relating to insignia and inspection requirements, construction, fire safety, electrical, heating, mechanical, plumbing, occupancy, and energy conservation.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82)
(Amended by Ch. 1216, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 442, Stats. of 1986, eff. 1/1/87.)
18029.4. Special purpose commercial coach; use as module of permanent building; standards
Any special purpose commercial coach which is designed, manufactured, remanufactured, altered, used, or converted for use as a module of a permanently constructed building shall comply with the construction standards applicable to commercial coaches.
(Added by Ch. 707, Stats. of 1987, eff. 1/1/88.)
18029.5. Fire prevention rules and regulations; reports of manufactured home and mobilehome fires
(a) The department may adopt rules and regulations, which it determines to be reasonably consistent with generally recognized fire protection standards, governing conditions relating to the prevention of fire or for the protection of life and property against fire in manufactured homes, mobilehomes, special purpose commercial coaches, and commercial coaches. All manufactured homes and mobilehomes manufactured on or after June 15, 1976, shall comply with the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, et seq.).
(b) The chief fire official of every city, county, city and county, fire protection district, or other local fire protection agency shall file a report on each manufactured home and mobilehome fire occurring within his or her jurisdiction with the State Fire Marshal. The report shall be made on forms provided by the State Fire Marshal.
(c) The State Fire Marshal shall annually compile a statistical report on all manufactured home and mobilehome fires occurring within this state and shall furnish the department with a copy of the report. The annual report shall include, but need not be limited to, the number of manufactured home and mobilehome fires, the causes of the fires, the monetary loss, and any casualties or fatalities resulting from the fires.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 142, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 442, Stats. of 1986, eff. 1/1/87.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18029.6. Smoke detector devices
On or after January 1, 1986, all used manufactured homes and used mobilehomes which are sold shall have a smoke detector which is operable on the date of transfer of title. The department may promulgate regulations to carry out the provisions of this section.
(Added by Ch. 1390, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 52, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 1178, Stats. of 1988, eff. 1/1/89.)
18030. Recognition of foreign standards; contracting with approved third-party entities for enforcement of part
(a) If the department determines that standards for commercial coaches and special purpose commercial coaches prescribed by the statutes or regulations of another state are at least equal to the standards prescribed by the department, the department may so provide by regulation. Thereafter, any commercial coaches and special purpose commercial coaches which that other state has approved as meeting its standards shall be deemed to meet the standards of the department, if the department determines that the standards of the other state are actually being enforced.
(b) In lieu of the procedure set forth in subdivision (a), the department may contract with approved third-party entities for enforcement of the applicable provisions of this part for commercial coaches or special purpose commercial coaches manufactured outside this state for sale within this state. Third-party entities may apply to the department for enforcement authority pursuant to this subdivision by providing evidence to the satisfaction of the department that they satisfy all of the following criteria:
(1) They are independent and free from conflict of interest, have the ability to enforce this part, and shall enforce this part without an actual conflict of interest or any appearance of a conflict of interest.
(2) They are adequately staffed with qualified personnel who can, and shall, implement all provisions of the contract, including monitoring, reporting, and enforcement.
(3) They have the authority, through contract or otherwise, and the ability to obtain correction of defects detected or reported as a result of their enforcement activities.
(4) They meet any other conditions of operation that the department may reasonably incorporate into the contract.
(c) If the department enters into a contract authorized by subdivision (b), the department may require cancellation clauses, fees, personnel resumes, reports, or other reasonable information or documents deemed necessary to ensure that subdivision (b) and this part are adequately enforced.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 142, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 165, Stats. of 1986, eff. 6/18/86.)
(Amended by Ch. 293, Stats. of 1998, eff. 1/1/99.)
18030.5. Exemption from certain local ordinances
A manufactured home, mobilehome, recreational vehicle, commercial coach, or special purpose commercial coach which meets the standards prescribed by this chapter, and the regulations adopted pursuant thereto, shall not be required to comply with any local ordinances or regulations prescribing requirements in conflict with the standards prescribed in this chapter.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 707, Stats. of 1987, eff. 1/1/88.)
18031. Fee schedule
The department, by rules and regulations, may establish a schedule of fees to pay the costs of work related to administration and enforcement of this part. The fees collected shall be deposited in the Mobilehome Manufactured Home Revolving Fund.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 142, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18031.5. Fireplaces; installation; regulations; compliance with federal standards
Nothing in this part or any other provision of law shall be construed to prohibit the installation of fireplaces in manufactured homes and mobilehomes. The department shall adopt any regulations for the installation of fireplaces in manufactured homes, mobilehomes, or commercial coaches which it may determine are reasonably necessary in order to protect the health and safety of the occupants and to assure that an installation does not impair the efficiency of the primary heating or cooling system of the manufactured home, mobilehome, or commercial coach. All manufactured homes, mobilehomes, and commercial coaches manufactured on or after June 15, 1976, which contain fireplaces, shall comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C., Sec. 5401, et seq.).
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18031.7. Replacement fuel gas burning water heaters; list for residential use and specifications for installation; label; supply of hot water from approved source
(a) Nothing in this part shall prohibit the replacement of water heaters in manufactured homes or mobilehomes with fuel gas burning water heaters not specifically listed for use in a manufactured home or mobilehome or from having hot water supplied from an approved source within the manufactured home or mobilehome, or in the garage, in accordance with this part or Part 2.1 (commencing with Section 18200).
(b) Replacement fuel gas burning water heaters shall be listed for residential use and installed within the specifications of that listing to include tiedown or bracing to prevent overturning.
(c) Replacement fuel gas burning water heaters installed in accordance with subdivision (b) shall bear a label permanently affixed in a visible location adjacent to the fuel gas inlet which reads, as applicable:
WARNING
This appliance is approved only for use with natural gas (NG).OR
WARNING
This appliance is approved only for use with liquified petroleum gas (LPG).
Lettering on the label shall be black on a red background and not less than 1/4 inch in height except for the word "WARNING" which shall be not less than 1/2 inch in height. (Added by Ch. 619, Stats. of 1987, eff. 1/1/88.)
18031.8. Replacement of gas burning appliances
(a) Nothing in this part or the regulations promulgated thereunder shall prohibit the replacement in manufactured homes or mobilehomes of ovens, ranges, or clothes dryers with fuel gas burning ovens, ranges, or clothes dryers not specifically listed for use in a manufactured home or mobilehome.
(b) Replacement fuel gas burning ovens, ranges, or clothes dryers shall be listed for residential use and installed in accordance with the specifications of that listing to include tiedown and bracing to prevent displacement.
(c) Replacement fuel gas burning ovens, ranges, or clothes dryers installed in accordance with subdivision (b) shall bear a label in compliance with subdivision (c) of Section 18031.7.
(Added by Ch. 244, Stats. of 1993, eff. 1/1/94.)
18032. Label affixed to new mobilehome or manufactured home; contents; necessity; removal
(a) The manufacturer of any new manufactured home or mobilehome manufactured on or after January 1, 1977, shall affix a label to the manufactured home or mobilehome, if the manufactured home or mobilehome is to be displayed for retail sale in this state. The label shall include the following information about the manufactured home or mobilehome:
(1) Make, model, and serial or identification number.
(2) Final assembly point.
(3) Name and location of dealer to whom delivered.
(4) Name of city or unincorporated area at which delivered.
(5) Manufacturer's suggested retail price which shall include the price of the following:
(A) The basic manufactured home or mobilehome unit.
(B) Extra construction features and materials.
(C) Total price of the manufactured home or mobilehome.
(D) A statement of whether the price includes or excludes the towbar, wheels, wheel hubs, and axles.
(b) A dealer may not display a manufactured home or mobilehome for sale or deliver a manufactured home or mobilehome manufactured on or after January 1, 1977, in this state which does not contain the label required by subdivision (a).
(c) Except as otherwise provided in subdivisions (d) and (e), the removal or alteration of any label required by this section from the manufactured home or mobilehome by anyone except the retail purchaser is a misdemeanor.
(d) The label required by this section may be removed by any person after the manufactured home or mobilehome is affixed to a foundation system.
(e) The label required by this section may be removed by any person after the manufactured home or mobilehome has been installed as a display model within a designated model center, along with an enclosed vehicle garage or carport, within a mobilehome park or subdivision. For the purposes of this subdivision, "designated model center" means a display of two or more new manufactured homes or new mobilehomes located within close proximity of each other that are used for the purpose of selling similar models within a mobilehome park or subdivision and those new manufactured homes or mobilehomes that are on display are installed pursuant to Section 18613.
(f) If a label required by this section has been removed pursuant to subdivision (e), the dealer shall provide the buyer or potential buyer of the new manufactured home or new mobilehome with all of the information required by subdivision (a), except for the manufacturer's suggested retail price. The dealer shall display a total price for the new manufactured home or new mobilehome along with either the vehicle garage or carport and any other manufactured home or mobilehome accessory building or structure or manufactured home or mobilehome accessory as defined in Section 18008.5 that is included in the total purchase price.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 857, Stats. of 1992, eff. 1/1/93.)
18032.5 Energy standards
(a) The Legislature hereby finds and declares all of the following:
(1) California's energy efficiency standards for new residential buildings have provided significant savings to homeowners and renters.
(2) As a result of past federal preemption of the field and the exemption of manufactured homes from building standards under California law, California's energy efficiency residential building standards have not been applied to manufactured housing.
(3) The Energy Policy Act of 1992 (P.L. 102-486) authorizes the Secretary of the United States Department of Housing and Urban Development to adopt regulations establishing thermal insulation and energy efficiency standards for manufactured housing. If the secretary has not issued, within one year after October 24, 1992, the date of the enactment of the act, final regulations that establish standards that take effect before January 1, 1995, states may establish specified energy efficiency standards for manufactured housing.
(4) The 1992-93 California Energy Plan, endorsed by the Governor, recommends that the federal government adopt significantly more stringent, cost-effective energy efficiency standards for manufactured housing, or, in the alternative, allow states to adopt these standards.
(5) It is in the interest of this state to participate in any federal rulemaking proceeding establishing energy efficiency standards for manufactured housing, and, in the absence of timely final federal regulations, it is in the interest of this state to adopt its own energy efficiency standards for manufactured housing as authorized under federal law.
(b) The Department of Housing and Community Development, in consultation with the State Energy Resources Conservation and Development Commission, shall develop and implement cost-effective energy efficiency standards for manufactured housing, to take effect before January 1, 1995. These standards shall include, but are not limited to, lighting, insulation, climate control systems, and other design and construction features that increase efficiency in energy use for manufactured housing. The standards shall be cost-effective when taken in their entirety, and when amortized over the economic life of the structure. The department shall have responsibility for enforcing the standards. The standards shall be developed in consultation with members of the manufactured housing industry.
(c) This section shall become operative only if the Secretary of the United States Department of Housing and Urban Development does not issue, on or before October 24, 1993, final regulations that establish thermal insulation and energy efficiency standards for manufactured housing that take effect before January 1, 1995. If the secretary does issue those final regulations, this section shall remain in effect only until January 1, 1995, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1995, deletes or extends that date.
(Added by Ch. 1159, Stats. of 1993, eff. 1/1/94)
CHAPTER 5. SALES AND ESCROWS
18035. Manufactured home or mobilehome escrow account; escrow instructions
offer to purchase; notice of escrow opening or cancellation; liens; status
report; release or transfer of lien; forfeiture for noncompliance; liability
for violations
(a) (1) For every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome subject to registration under this part, the dealer shall execute in writing and obtain the buyer's signature on a purchase order, conditional sale contract, or other document evidencing the purchase contemporaneous with, or prior to, the receipt of any cash or cash equivalent from the buyer, shall establish an escrow account with an escrow agent, and shall cause to be deposited into that escrow account any cash or cash equivalent received at any time prior to the close of escrow as a deposit, downpayment, or whole or partial payment for the manufactured home or mobilehome or accessory thereto. Checks, money orders, or similar payments toward the purchase shall be made payable only to the escrow agent.
(2) The downpayment, or whole or partial payment, shall include an amount designated as a deposit, which may be less than, or equal to, the total amount placed in escrow, and shall be subject to subdivision (f). The parties shall provide for escrow instructions that identify the fixed amounts of the deposit, downpayment, and balance due prior to closing consistent with the amounts set forth in the purchase documents and receipt for deposit if one is required by Section 18035.1. The deposits shall be made by the dealer within five working days of receipt, one of which shall be the day of receipt.
(3) For purposes of this section, "cash equivalent" means any property, other than cash. If an item of cash equivalent is, due to its size, incapable of physical delivery to the escrow holder, the property may be held by the dealer for the purchaser until close of escrow and, if the property has been registered with the department or the Department of Motor Vehicles, its registration certificate and, if available, its certificate of title shall be delivered to the escrow holder.
(b) For every transaction by or through a dealer to sell or lease with option to buy a new manufactured home or mobilehome subject to registration under this part, the escrow instructions shall provide all of the following:
(1) That the original manufacturer's certificate of origin be placed in escrow.
(2)(A) That, in the alternative, either of the following shall occur:
(i) The lien of any inventory creditor on the manufactured home or mobilehome shall be satisfied by payment from the escrow account.
(ii) The inventory creditor shall consent in writing to other than full payment.
(B) For purposes of this paragraph, "inventory creditor" includes any person who is identified as a creditor on the manufacturer's certificate of origin or any person who places the original certificate of origin in escrow and claims in writing to the escrow agent to have a purchase money security interest in the manufactured home or mobilehome, as contemplated by Section 9107 of the Commercial Code.
(3) That the escrow agent shall obtain from the manufacturer a true and correct facsimile of the copy of the certificate of origin retained by the manufacturer pursuant to Section 18093.
(c) For every transaction by or through a dealer to sell or lease with option to buy a used manufactured home or mobilehome subject to registration under this part, the escrow instructions shall provide:
(1) That the current registration card, all copies of the registration cards held by junior lienholders, and the certificate of title be placed in escrow.
(2) That, in the alternative, either of the following shall occur:
(A) (i) The registered owner shall acknowledge in writing the amount of the commission to be received by the dealer for the sale of the manufactured home or mobilehome, and (ii) the registered owner shall release all of its ownership interests in the manufactured home or mobilehome either contemporaneously upon the payment of a specified amount from the escrow account or at the close of the escrow where the buyer has executed a security agreement approved by the registered owner covering the unpaid balance of the purchase price.
(B) (i) The dealer shall declare in writing that the manufactured home or mobilehome is its inventory, (ii) the registered owner shall acknowledge in writing that the purchase price relating to the sale of the manufactured home or mobilehome to the dealer for resale has been paid in full by the dealer, (iii) the current certificate of title shall be appropriately executed by the registered owner to reflect the release of all of its ownership interests, and (iv) the dealer shall release all of its ownership interests in the manufactured home or mobilehome either contemporaneously upon the payment of a specified amount from the escrow account or at the close of escrow where the buyer has executed a security agreement approved by the dealer covering the unpaid balance of the purchase price.
(3) That, in the alternative, the legal owner and each junior lienholder, respectively, shall do either of the following:
(A) Release his or her security interest or transfer its security interest to a designated third party contemporaneously upon the payment of a specified amount from the escrow account.
(B) Advise the escrow agent in writing that the new buyer or the buyer's stated designee shall be approved as the new registered owner upon the execution by the buyer of a formal assumption of the indebtedness secured by his or her lien approved by the creditor at or before the close of escrow.
(d) For every transaction by or through a dealer to sell or lease with the option to buy a used manufactured home or mobilehome subject to registration under this part:
(1) The dealer shall present the buyer's offer to purchase the manufactured home or mobilehome to the seller in written form signed by the buyer. The seller, upon accepting the offer to purchase, shall sign and date the form. Copies of the fully executed form shall be presented to both the buyer and seller, with the original copy retained by the dealer. Any portion of the form that reflects the commission charged by the dealer to the seller need not be disclosed to the buyer.
(2) The escrow agent, upon receipt of notification from the dealer that the seller has accepted the buyer's offer to purchase and receipt of mutually endorsed escrow instructions, shall, within three working days, prepare a notice of escrow opening on the form prescribed by the department and forward the completed form to the department with appropriate fees. If the escrow is canceled for any reason before closing, the escrow agent shall prepare a notice of escrow cancellation on the form prescribed by the department and forward the completed form to the department.
(3) (A) The escrow agent shall forward to the legal owner and each junior lienholder at their addresses shown on the current registration card a written demand for a lien status report, as contemplated by Section 18035.5, and a written demand for either an executed statement of conditional lien release or an executed statement of anticipated formal assumption, and shall enclose blank copies of a statement of conditional lien release and a statement of anticipated formal assumption on forms prescribed by the department. The statement of conditional lien release shall include, among other things, both of the following:
(i) A statement of the dollar amount or other conditions required by the creditor in order to release or transfer its lien.
(ii) The creditor's release or transfer of the lien in the manufactured home or mobilehome contingent upon the satisfaction of those conditions.
(B) The statement of anticipated formal assumption shall include, among other things, both of the following:
(i) A statement of the creditor's belief that the buyer will formally assume the indebtedness secured by its lien pursuant to terms and conditions which are acceptable to the creditor at or before the close of escrow.
(ii) The creditor's approval of the buyer or his or her designee as the registered owner upon the execution of the formal assumption.
(4) Within five days of the receipt of the written demand and documents required by paragraph (3), the legal owner or junior lienholder shall complete and execute either the statement of conditional lien release or, if the creditor has elected to consent to a formal assumption requested by a qualified buyer, the statement of anticipated formal assumption, as appropriate, and prepare the lien status report and forward the documents to the escrow agent by first-class mail. If the creditor is the legal owner, the certificate of title in an unexecuted form shall accompany the documents. If the creditor is a junior lienholder, the creditor's copy of the current registration card in an unexecuted form shall accompany the documents.
(5) If either of the following events occur, any statement of conditional lien release or statement of anticipated formal assumption executed by the creditor shall become inoperative, and the escrow agent shall thereupon return the form and the certificate of title or the copy of the current registration card, as appropriate, to the creditor by first-class mail:
(A) The conditions required in order for the creditor to release or transfer his or her lien are not satisfied before the end of the escrow period agreed upon in writing between the buyer and the seller or, if applicable, before the end of any extended escrow period as permitted by subdivision (g).
(B) The registered owner advises the creditor not to accept any satisfaction of his or her lien or not to permit any formal assumption of the indebtedness and the creditor or registered owner advises the escrow agent in writing accordingly.
(6) If a creditor willfully fails to comply with the requirements of paragraph (4) within 21 days of the receipt of the written demand and documents required by paragraph (3), the creditor shall forfeit to the escrow agent three hundred dollars ($300), except where the creditor has reasonable cause for noncompliance. The three hundred dollars ($300) shall be credited to the seller, unless otherwise provided in the escrow instructions. Any penalty paid by a creditor under this paragraph shall preclude any civil liability for noncompliance with Section 18035.5 relating to the same act or omission.
(e) For every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome, the escrow instructions shall specify one of the following:
(1) Upon the buyer receiving delivery of an installed manufactured home or mobilehome on the site and the manufactured home or mobilehome passing inspection pursuant to Section 18613 or after the manufactured home or mobilehome has been delivered to the location specified in the escrow instructions when the installation is to be performed by the buyer, all funds in the escrow account, other than escrow fees and amounts for accessories not yet delivered, shall be disbursed. If mutually agreed upon between buyer and dealer, the escrow instructions may specify that funds be disbursed to a government agency for the payment of fees and permits required as a precondition for an installation acceptance or certificate of occupancy, and the information that may be acceptable to the escrow agent.
(2) Upon the buyer receiving delivery of an installed manufactured home or mobilehome not subject to the provisions of Section 18613 with delivery requirements as mutually agreed to and set forth in the sales documents, all funds in the escrow account, other than escrow fees, shall be disbursed.
(f) In the event any dispute arises between the parties to the escrow and upon notification in writing to the escrow agent, unless otherwise specified in the escrow instructions, all funds denoted as deposit shall be held in escrow until a release is signed by the disputing party, or pursuant to new written escrow instructions signed by the parties involved, or pursuant to a final order for payment or division by a court of competent jurisdiction. Any other funds, other than escrow fees, shall be returned to the buyer or any person, other than the dealer or seller, as appropriate.
(g) Escrow shall be for a period of time mutually agreed upon, in writing, by the buyer and the seller. However, the parties may, by mutual consent, extend the time, in writing, with notice to the escrow agent.
(h) No dealer or seller shall establish with an escrow agent any escrow account in an escrow company in which the dealer or seller has more than a 5 percent ownership interest.
(i) The escrow instructions may provide for the proration of any local property tax due or to become due on the manufactured home or mobilehome, and if the tax, or the license fee imposed pursuant to Section 18115, or the registration fee imposed pursuant to Section 18114, is delinquent, the instructions may provide for the payment of the taxes or fees, or both, and any applicable penalties.
(j) For every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome that is subject to inspection pursuant to Section 18613, and for which it is stated, on the face of the document certifying or approving occupancy or installation, that the issuance of the document is conditioned upon the payment of a fee, charge, dedication, or other requirement levied pursuant to Section 53080 of the Government Code, the escrow instructions shall provide that the payment of that fee, charge, dedication, or other requirement be made to the appropriate school district upon the close of escrow.
(k) No agreement shall contain any provision by which the buyer waives his or her rights under this section, and any waiver shall be deemed contrary to public policy and shall be void and unenforceable.
(l) If a portion of the amount in the escrow is for accessories, then that portion of the amount shall not be released until the accessories are actually installed.
(m) Upon opening escrow on a used manufactured home or mobilehome which is subject to local property taxation, and subject to registration under this part, the escrow officer may forward to the tax collector of the county in which the used manufactured home or mobilehome is located, a written demand for a tax clearance certificate, if no liability exists, or a conditional tax clearance certificate if a tax liability exists, to be provided on a form prescribed by the office of the Controller. The conditional tax clearance certificate shall state the amount of the tax liability due, if any, and the final date that amount may be paid out of the proceeds of escrow before a further tax liability may be incurred.
(1) Within five working days of receipt of the written demand for a conditional tax clearance certificate or a tax clearance certificate, the county tax collector shall forward the conditional tax clearance certificate or a tax clearance certificate showing no tax liability exists to the requesting escrow officer. In the event the tax clearance certificate's or conditional tax clearance certificate's final due date expires within 30 days of date of issuance, an additional conditional tax clearance certificate or a tax clearance certificate shall be completed which has a final due date of at least 30 days beyond the date of issuance.
(2) If the tax collector on which the written demand for a tax clearance certificate or a conditional tax clearance certificate was made fails to comply with that demand within 30 days from the date the demand was mailed, the escrow officer may close the escrow and submit a statement of facts certifying that the written demand was made on the tax collector and the tax collector failed to comply with that written demand within 30 days. This statement of facts may be accepted by the department in lieu of a conditional tax clearance certificate or a tax clearance certificate, as prescribed by subdivision (a) of Section 18092.7, and the transfer of ownership may be completed. (3) The escrow officer may satisfy the terms of the conditional tax clearance certificate by paying the amount of tax liability shown on the form by the tax collector out of the proceeds of escrow on or before the date indicated on the form and by certifying in the space provided on the form that all terms and conditions of the conditional tax clearance certificate have been complied with.
(n) This section creates a civil cause of action against a buyer or dealer or other seller who violates this section, and upon prevailing, the plaintiff in the action shall be awarded actual damages, plus an amount not in excess of two thousand dollars ($2,000). In addition, attorney's fees and court costs shall also be awarded a plaintiff who prevails in the action.
(Added by Ch. 1047, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 40, Stats. of 1982, eff. 2/17/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 1346, Stats. of 1987, eff. 9/29/87, operative 1/1/88.)
(Amended by Ch. 1339, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 1209, Stats. of 1989, eff. 10/1/89.)
(Amended by Ch. 765, Stats. of 1990, eff. 1/1/91.)
(Amended by Ch. 686, Stats. of 1992, eff. 1/1/93.)
(Amended by Ch. 394, Stats. of 1996, eff. 1/1/97.)
18035.1. Receipt for deposit; contents
(a) As a part of the documents executed for every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome, the dealer and purchaser shall sign a receipt for deposit, a copy of which shall be provided to the purchaser and a copy shall be retained by the dealer for not less than three years. It shall state at least the following in type not less than 6-point type size:
(1) A statement that the purchaser shall receive a copy of the purchase contract and receipt for deposit.
(2) A statement that all portions of the purchase documents and receipt for deposit shall be completed prior to obtaining the purchaser's signature.
(3) A statement of the specific amounts of the deposit, downpayment, or other category of funds required to be placed in escrow prior to closing, and a warning that the deposit may be withheld in escrow in case of a dispute between the purchaser and the dealer.
(4) A statement that the amounts of the deposit and downpayment shall be agreed upon by the purchaser and dealer and shall have been entered on the purchase documents and receipt of deposit prior to the purchaser's signing.
(5) Sections 18035, 18035.1, and 18035.3 of this code and Section 1797.3 of the Civil Code reprinted in their entirety.
(6) A statement that any oral promises or commitments that have been made are not binding unless they appear in writing on the purchase documents.
(7) A warning that a warranty document complying with Section 1797.3 of the Civil Code shall be provided to the purchaser of a new manufactured home or mobilehome immediately after signing the purchase documents.
(8) A statement that the terms and duration of any other warranty, not required by law, offered by the dealer shall be in writing.
(9) A statement that, if the purchaser has any complaints with respect to sales practices, delivery, warranty, or other matters related to the manufactured home or mobilehome, he or she may seek administrative relief from the department or legal relief in a court of competent jurisdiction.
(10) A statement that the sale will not be complete until the escrow for the sale closes.
(b) For the sale of a manufactured home or mobilehome not subject to registration by the department, the dealer shall provide a statement of fact, in type not less than 6-point type size, containing the information specified in paragraphs (6), (7), (8), (9), and (10) of subdivision (a) as part of the purchase documents.
(c) Where the sale of a new or used manufactured home or mobilehome subject to registration under this part does not involve a dealer, the department, by regulation, may
require the seller and buyer to execute a receipt for deposit containing whatever information of the nature described in this section, the department deems appropriate.
(Added by Ch. 1047, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 765, Stats. of 1990, eff. 1/1/91.)
(Amended by Ch. 799, Stats. of 1996, eff. 1/1/97).
18035.2. Sales involving foundation system installation; documentation requirements; escrow account; contents of escrow instructions
(a) For every sale by a dealer of a new or used manufactured home or mobilehome to be installed on a foundation system pursuant to subdivision (a) of Section 18551, the dealer shall execute in writing and obtain the buyer's signature on a purchase order, conditional sale contract, or other document evidencing the purchase, and provide a statement of fact complying with subdivision (b) of Section 18035.1, contemporaneous with or prior to the receipt of any cash or cash equivalent from the buyer and shall establish an escrow account with an escrow agent. The escrow shall not be subject to the provisions of Section 18035.
(b) For every sale by a dealer of a new manufactured home or mobilehome installed or to be installed on a foundation system pursuant to subdivision (a) of Section 18551, the escrow instructions shall provide all of the following:
(1) That the original manufacturer's certificate of origin be placed in escrow.
(2) That, in the alternative:
(A) The lien of any inventory creditor on the manufactured home or mobilehome shall be satisfied by payment from the escrow account.
(B) That inventory creditor shall consent in writing to other than full payment.
For purposes of this paragraph, "inventory creditor" includes any person who is identified as a creditor on the manufacturer's certificate of origin or any person who places the original certificate of origin in escrow and claims in writing to the escrow agent to have a purchase money security interest in the manufactured home or mobilehome as contemplated by Section 9107 of the Commercial Code.
(3) That the escrow agent shall obtain from the manufacturer a true and correct facsimile of the copy of the certificate of origin retained by the manufacturer pursuant to Section 18093.
(c) For every sale by a dealer of a new or used manufactured home or mobilehome that is subject to inspection pursuant to subdivision (a) of Section 18551, and for which it is stated, on the face of the document certifying or approving occupancy, that the issuance of the document is conditioned upon the payment of a fee, charge, dedication, or other requirement levied pursuant to Section 17620 of the Education Code, the escrow instructions shall provide that the payment of that fee, charge, dedication, or other requirement be made to the appropriate school district upon the close of escrow.
(Added by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 1346, Stats. of 1987, eff. 9/29/87.)
(Amended by Ch. 1209, Stats. of 1989, eff. 10/1/89.)
(Amended by Ch. 542, Stats of 1998, eff. 1/1/99.)
18035.25. Failure to correct defective work by installation contractor certified by dealer; disciplinary action; limitation on filing accusation
Notwithstanding any other provision of this part to the contrary, it is a ground for disciplinary action, and not a criminal offense, for a dealer to fail to correct, or cause to be corrected, any defects in the installation of a manufactured home or mobilehome performed by a licensed contractor whom the dealer had certified to the purchaser as the installation contractor pursuant to subdivision (c) of Section 7027 of the Business and Professions Code. Any accusation filed against a licensee for a violation of this section shall be filed within three years after the occurrence of the act or omission alleged as the ground for disciplinary action.
(Added by Ch. 851, Stats. of 1986, eff. 1/1/87.)
18035.3. Purchase documents; contents; disciplinary action for failure to provide disclosures
(a) For every sale by a dealer of a new or used manufactured home or mobilehome, either the purchase order, conditional sale contract, or other document evidencing the purchase thereof, or any attachment to a purchase document signed and dated by the purchaser, shall contain the following:
(1) A description of the manufactured home or mobilehome, a description and the cash price of each accessory, structure, or service included with the purchase, and the total cash price for the purchase. The statement shall also state whether the purchase price includes or excludes the towbar, wheels, wheel hubs, tires, and axles and, if they are not included in the purchase price, the price of each shall be listed.
(2) The amount, if any, charged by the dealer for documentary preparation and, if a documentary preparation charge is imposed, a notice advising the purchaser that the charge is not a governmental fee.
(3) A notice in type no smaller than 8-point that complaints concerning the purchase shall be referred to the dealer and, if the complaint is not resolved, may be referred to the Department of Housing and Community Development, Division of Codes and Standards, Occupational Licensing. The notice shall contain the current address and telephone number of the department.
(4) A notice, in at least 10-point boldface type reading as follows:
(A) Do NOT sign the purchase agreement before you read it or if it contains any blank spaces to be filled in.
(B) You are entitled to a completely filled-in copy of that agreement and, if purchasing a manufactured home or mobilehome covered by a warranty, a copy of the warranty.
(5) The name, business address, and contractor's license number of the licensed contractor whom the dealer certifies as performing the installation of the manufactured home or mobilehome pursuant to subdivision (c) of Section 7026.2 of the Business and Professions Code.
(6) The disclosures required by this subdivision need not be contained in the same document.
(b) A failure to disclose pursuant to this section shall not be the basis for rescission of a conditional sales contract.
(c) Notwithstanding any other provision of this part to the contrary, a failure to provide the disclosures specified in paragraph (5) of subdivision (a) is a ground for disciplinary action and not a criminal offense.
(d) If the dealer is also licensed as a real estate broker, the sale of a manufactured home or mobilehome being installed on a foundation system pursuant to Section 18551 may be included in the purchase document for the underlying real property, provided the requirements of this section are met.
(Added by Ch. 1528, Stats. of 1984, operative 1/1/85.)
(Amended by Ch. 851, Stats. of 1986, eff. 1/1/87.)
(Amended by Ch. 765, Stats. of 1990, eff. 1/1/91.)
(Amended by Ch. 686, Stats. of 1992, eff. 1/1/93.)
(Amended by Ch. 669, Stats. of 1994, eff. 1/1/95.)
(Amended by Ch. 689, Stats. of 1998, eff. 1/1/99.)
18035.4. Application of Sections 18035, 18035.1, and 18035.2
Sections 18035, 18035.1, and 18035.2 shall not apply to the sale of manufactured homes or mobilehomes to:
(a) The federal government.
(b) The state.
(c) Any agency or political subdivision of the state.
(d) Any city, county, or city and county.
(Added by Ch 1339, Stats. of 1987, eff. 1/1/88.)
18035.5. Documentation and statement regarding security interests; furnishing by secured party; forfeiture and liability for noncompliance; fee
(a) As used in this section:
(1) "Secured party" means a legal owner or junior lienholder.
(2) "Entitled party" means a registered owner or any person holding a security interest or other lien or encumbrance which is subordinate to the security interest of the secured party or an escrow agent in conjunction with an escrow involving the sale or transfer of an interest in a manufactured home, mobilehome, or commercial coach subject to registration under this part.
(b) A secured party shall, on the written demand of an entitled person, or the authorized agent of the entitled person, prepare and deliver to the person demanding it, a true, correct, and complete copy of the conditional sale contract or the promissory note and security agreement and any subsequent modification thereto, and a written statement indicating all of the following:
(1) The amount of the unpaid balance of the obligation owing to the secured party and the interest rate, together with the total amounts, if any, of all overdue installments of either principal or interest, or both.
(2) The amounts of periodic payments, if any.
(3) The date on which the obligation is due in whole or in part.
(4) The date to which taxes and special assessments have been paid to the extent that information is known to the secured party.
(5) The amount of hazard insurance in effect and the term and premium of that insurance to the extent that information is known to the secured party.
(6) The amount in an account, if any, maintained for the accumulation of funds with which to pay taxes and insurance premiums.
(7) The nature and, if known, the amount of any additional charges, costs, or expenses paid or incurred by the secured party which have become a lien on the manufactured home, mobilehome, or commercial coach involved.
(8) If applicable, a statement indicating that subsequently incurred obligations will be secured by the manufactured home, mobilehome, or commercial coach and, if there is a maximum amount that may thereafter become secured, the maximum amount that may thereafter become secured.
(c) The secured party may, before delivering a statement, require reasonable proof that the person making the demand is, in fact, an entitled person, in which event the secured party shall not be subject to the penalties of this section until 21 days after receipt of the proof herein provided for. A statement in writing signed by the entitled person appointing an authorized agent when delivered personally to the secured party or delivered by registered return receipt mail shall constitute reasonable proof as to the identity of an agent. Similar delivery of a policy of title insurance, preliminary report issued by a title company, original or photographic copy of a sales agreement covering the manufactured home, mobilehome, or commercial coach or certified copy of letters testamentary, guardianship, or conservatorship shall constitute reasonable proof as to the identity of a successor in interest, provided the person demanding a statement is named as successor in interest in the document.
(d) Delivery of the statement by the secured party, as herein referred to, shall mean depositing or causing to be deposited in the United States mail an envelope, with postage prepaid, containing a copy of the statement, addressed to the person whose name and address is set forth in the demand therefor.
(e) If a secured party for a period of 21 days after receipt of the written demand willfully fails to prepare and deliver the statement, the secured party is liable to the entitled person for all damages which may be sustained by reason of the refusal and, whether or not actual damages are sustained, the secured party shall forfeit to the entitled person the sum of three hundred dollars ($300). Each such failure to prepare and deliver such a statement, occurring at a time when, pursuant to this section, the secured party is required to prepare and deliver the statement, creates a separate cause of action, but a judgment awarding an entitled person such forfeiture, or damages and forfeiture, for any such failure to prepare and deliver a statement bars recovery of such damages and forfeiture for any other failure to prepare and deliver a statement, with respect to the same obligation, in compliance with a demand therefor made within six months before or after the demand as to which the award was made.
(f) If the secured party has more than one branch, office, or other place of business, then the demand shall be made to the branch or office at which the payments of the obligation are made, and the statement, unless it specifies otherwise, shall be deemed to apply only to the unpaid balance owing to or payable at that branch office or place of business.
(g) The secured party may make a charge not to exceed fifty dollars ($50) for furnishing the required statement, whether or not the security agreement covering the manufactured home, mobilehome, or commercial coach so provides.
(Added by Ch. 1124, Stats. of 1983, operative 7/1/84.)
18036. Contract rescinded for inability of buyer to obtain financing
In the event a buyer of a manufactured home or mobilehome obligates himself or herself to purchase, or receive possession of, a manufactured home or mobilehome pursuant to a contract or purchase order, and the seller knows that the buyer intends to obtain financing from a third party without the assistance of the seller, and the buyer is unable to obtain the financing within 30 days of the execution of the contract or purchase order, the contract or purchase order shall be deemed rescinded and all consideration thereupon, other than escrow fees, shall be returned by the respective parties without demand.
(Added by Ch. 1047, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18036.5. Conditional sales contracts; required disclosures; action for noncompliance; extent of liability; limitations
(a) As used in this section:
(1) "Act" means the federal Truth in Lending Act, as amended (15 U.S.C., Sec. 1601, et seq.).
(2) "Regulation Z" means any rule, regulation, or interpretation promulgated by the Board of Governors of the Federal Reserve System under the act and any interpretation or approval issued by an official or employee of the Federal Reserve System duly authorized by the board under the act to issue these interpretations or approvals.
(b) A conditional sale contract relating to a new or used manufactured home or mobilehome subject to registration under this part shall contain all the disclosures required by Regulation Z if Regulation Z otherwise applies to the transaction. Any disclosure violation corrected pursuant to subdivision (d) shall not be the basis of any recovery by the buyer.
(c) With respect to a violation which is not corrected as provided in subdivision (d), the seller shall be liable to the buyer in an amount equal to the sum of:
(1) Any actual damage sustained by such person as a result of the failure;
(2) (A) In the case of an individual action twice the amount of any finance charge in connection with the transaction, except that the liability under this subparagraph shall not be less than one hundred dollars ($100) or greater than one thousand dollars ($1,000); or
(B) In the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable, and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same seller shall not be more than the lesser of five hundred thousand dollars ($500,000) or 1 percent of the net worth of the seller; and
(3) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court.
In determining the amount of award in any class action, the court shall consider, among other relevant factors, the amount of any actual damages awarded, the frequency and persistence of failures of compliance by the seller, the resources of the seller, the number of persons adversely affected, and the extent to which the seller's failure of compliance was intentional. In connection with the disclosures referred to in Section 128 of the act, a seller shall have a liability determined under paragraph (2) of this subdivision only for failing to comply with the requirements of paragraph (2) (insofar as it requires a disclosure of the "amount financed"), (3), (4), (5), (6), or (9) of Section 128 (a) of the act. With respect to any failure to make disclosures required under this section, liability shall be imposed only upon the seller required to make disclosure, except as provided in subdivision (k).
(d) A seller or assignee has no liability under this section for any failure to comply with any requirement imposed under this section if within 60 days after discovering an error, whether through the seller's or assignee's own procedures or pursuant to procedures permissible under the act, and prior to the institution of an action under this section or the receipt of written notice of the error from the buyer, the seller or assignee notifies the buyer concerned of the error and makes whatever adjustments as are necessary to assure that the buyer will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower.
(e) A seller or assignee may not be held liable in any action brought under this section if the seller or assignee shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error not withstanding the maintenance of procedures reasonably adapted to avoid any such error. Examples of a bona fide error include, but are not limited to, clerical, calculation, computer malfunction and programming, and printing errors, except that an error of legal judgment with respect to a person's obligations under this section is not a bona fide error.
(f) When there are multiple buyers in a transaction, there shall be no more than one recovery of damages under paragraph (2) of subdivision (c).
(g) Any action under this section may be brought within one year from the date of the occurrence of the violation. This subdivision does not bar a person from asserting a violation of this section in an action to collect the debt which was brought more than one year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in such action, except as otherwise provided by law. No action may be brought under this section if an action relating to the transaction or a defense thereto has been brought or asserted under the act.
(h) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any rule, regulation, or interpretation thereof by the Board of Governors of the Federal Reserve System or in conformity with any interpretation or approval by an official or employee of the Federal Reserve System duly authorized by the Board of Governors of the Federal Reserve System to issue such interpretations or approvals under such procedures as the Board of Governors of the Federal Reserve System may prescribe therefor, notwithstanding that after such act or omission has occurred, such rule, regulation, interpretation, or approval is amended, rescinded or determined by judicial or other authority to be invalid for any reason.
(i) The multiple failure to disclose to any person any information required under this section shall entitle the buyer to a single recovery.
(j) A buyer may not take any action to offset any amount for which a seller or assignee is potentially liable to such buyer under paragraph (2) of subdivision (c) against any amount owed by such buyer, unless the amount of the seller's or assignee's liability under this section has been determined by judgment of a court of competent jurisdiction in an action to which such buyer was a party. This subdivision does not bar a buyer then in default on the obligation from asserting a violation of this section as an original action, or as a defense or counterclaim to an action to collect amounts owed by the buyer brought by a person liable under this title.
(k) Except as otherwise specifically provided in this section, any civil action for a violation of this section which may be brought against a seller may be maintained against any assignee of such seller only if the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement, provided, however, that no civil action may be brought against such assignee for such violation if the assignment was involuntary. For purposes of this section, a violation apparent on the face of the disclosure statement includes, but is not limited to, (1) a disclosure which can be determined to be incomplete or inaccurate from the face of the disclosure statement or other documents assigned, or (2) a disclosure which does not use the terms required to be used in Regulation Z.
(l) In any action or proceeding by or against any assignee of the seller without knowledge to the contrary by the assignee when the assignee acquires the obligation, written acknowledgment of receipt by a buyer to whom disclosures are required to be given pursuant to this section shall be conclusive proof of the delivery thereof and, except as provided in subdivision (k), of compliance with this section. This subdivision does not affect the rights of the buyer in any action against the original seller.
(m) No final judgment shall be entered in an action brought pursuant to this section in favor of a buyer until the later of (1) the expiration of one year after the occurrence of the violation, or (2) the entry of judgment in an action for the violation brought under Section 130 of the act and filed within such one-year period. A buyer who has recovered any amount by way of judgment, settlement, or otherwise under Section 130 or 131 of the act shall not been entitled to any damages or other relief for the violation under this section.
(Added by Ch 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 40, Stats. of 1982, eff. 2/17/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
18037. Good faith holder acquiring conditional sale contract from seller making disclosure violations; buyer's remedies
Notwithstanding any agreement to the contrary, the holder of a conditional sale contract for which Regulation Z disclosures are required pursuant to Section 18036.5 is subject to all equities and defenses of the buyer against the seller, except as provided by Section 18036.5. However, the assignee's liability may not exceed the amount of the debt owing to the assignee at the time of assignment. The assignee shall have recourse against the seller to the extent of any liability incurred by the assignee pursuant to this section whether the assignment was with or without recourse except to the extent of any written agreement between the seller and assignee which expressly references this section and modifies its effect.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
18037.5. Disposal of repossessed or surrendered manufactured home, mobilehome,
truck camper, or floating home; notice of default; notice of belief of
abandonment; rights of secured party upon default; application of
proceeds; accounting
(a) In the event of default under the provisions of any security agreement relating to a loan or conditional sale contract which, according to its terms, gives the secured party the right to foreclose its security interest in a manufactured home, mobilehome, truck camper or floating home subject to registration under this part which is not inventory of a dealer, including the right to repossess the property, notwithstanding any contrary provisions in the security agreement or conditional sale contract or in any other agreement entered into prior to default, the secured party may foreclose its security interest only by satisfying the requirements of this section.
(1) Unless the registered owner of the manufactured home, mobilehome, truck camper or floating home has abandoned the property or has voluntarily surrendered possession of the property to the foreclosing creditor, the foreclosing creditor shall deposit or cause to be deposited in the United States mail an envelope addressed to each registered owner as shown on the current registration of the manufactured home, mobilehome, truck camper or floating home, registered or certified with postage prepaid, containing a notice in substantially the following form and in at least 10-point type, which notice shall be signed by the foreclosing creditor:
NOTICE OF DEFAULT
To:___________________________________________________________________________
(names of all registered owners)
You (if the registered owner is not the person who is in default, substitute name of defaulting person(s)) are in default under the terms of the
______________________________________________________________________________
(identify security agreement by title or caption and date)
in that_________________________________________________________________________
(describe default)
This default gives the creditor named below the right to sell your manufactured home, mobilehome, truck camper or floating home which is registered with the Department of Housing and Community Development under registration number(s)
____________________________________________________________________, located at
(give registration number(s))
______________________________________________________________________________
(give location of property as shown on current registration)
unless the default is promptly cured.
You may cure the default by___________________________________________________
(describe conditions)
______________________________________________________________________________
(precedent to reinstatement required to cure default)
or by entirely repaying the outstanding secured indebtedness on or before
_____________________________________________________________________________
(state final date available for cure, which date shall be no earlier than 45 days
after mailing of the notice)
To cure the default you may also be required to reimburse the creditor for its reasonable attorney's fees and legal expenses and for any other sums to which the creditor may have become entitled under the terms of your credit agreement after the date of this notice. You may entirely repay the outstanding obligation by paying the creditor
______________________________________________________________________________
(state dollar amount required to obtain release of security interest, and
if the amount may increase due to passage of time, state that fact)
plus any amount necessary to reimburse the creditor for its reasonable attorney's fees and legal expenses and any other sums to which the creditor may have become entitled after the date of this notice under the terms of your agreement.
(2) Within five days following the mailing of the notice of default required by paragraph (1), the foreclosing creditor shall forward a copy thereof to the legal owner shown on the current registration card, if different than the foreclosing creditor, and to each junior lienholder shown on the current registration card, if different than the foreclosing creditor, and, effective July 1, 1985, to the department. The notice shall be forwarded to each party in the same manner as provided for mailing the original notice to the registered owner.
(3) In the event of default under the provisions of any security agreement relating to a loan or conditional sale contract which, according to its terms, gives the secured party the right to foreclose its security interest in a manufactured home, mobilehome, truck camper or floating home, each registered owner and each junior lienholder having a security interest which is subordinate to the security interest of the foreclosing creditor shall have the right to cure the default by the methods and in the manner prescribed in the notice within 45 days after mailing of the notice to the registered owner required by paragraph (1).
(4) If the default is not cured within the time indicated on the notice required by paragraph (1), or if the property has been abandoned by the registered owner or voluntarily surrendered by the registered owner to the foreclosing creditor, the creditor may proceed to sell the property at private or public sale pursuant to the provisions of Section 9504 of the Commercial Code, except as provided in paragraph (5) and subdivision (c). The notice of sale required by Section 9504 of the Commercial Code shall not be mailed or delivered before expiration of the period for the right to cure the default, as stated in the notice required by paragraph (1), unless the property has been abandoned by the registered owner or voluntarily surrendered by the registered owner to the foreclosing creditor.
(5) Notwithstanding any contrary provisions of Section 9504 of the Commercial Code, the foreclosing creditor shall deposit or cause to be deposited in the United States mail, registered or certified with postage prepaid, an envelope containing the notice of sale addressed to each party to whom the notice of default was mailed pursuant to paragraph (2). The notice of sale shall be given at least 10 days before the date fixed for a public sale or on or after which any private sale is to be made.
(6) For purposes of this subdivision, a manufactured home, mobilehome, truck camper or floating home shall be deemed abandoned if the foreclosing creditor gives written notice of its belief of abandonment to the registered owner as provided in this paragraph and the registered owner fails to give the foreclosing creditor written notice, prior to the appropriate date specified in the foreclosing creditor's notice, stating that the registered owner has not abandoned and does not intend to abandon the manufactured home, mobilehome, truck camper or floating home and stating an address at which the registered owner may be served by certified mail with a summons in connection with any legal action which the foreclosing creditor may appropriately initiate. The foreclosing creditor may give a notice of belief of abandonment only where it reasonably believes that the registered owner has abandoned the manufactured home, mobilehome, truck camper or floating home. The notice of belief of abandonment shall be personally delivered to the registered owner or sent by registered or certified mail, with postage prepaid, to the registered owner at his or her last known address and, if there is reason to believe that the notice sent to that address will not be received by the registered owner, to any other address, if any, known to the foreclosing creditor where the registered owner may reasonably be expected to receive the notice. The notice of belief of abandonment shall be in substantially the following form in at least 10-point type:
NOTICE OF BELIEF OF ABANDONMENT
To:___________________________________________________________________________
(names of all registered owners)
This notice is given pursuant to Section 18037.5 of the Health and Safety Code concerning your manufactured home, mobilehome, truck camper or floating home located at ______________________________________________________________________________
(address of manufactured home, mobilehome, truck camper or
floating home as shown on current registration)
You__________________________________________________________________________ (if the registered owner is not the person who is in default, substitute
name of defaulting person(s)) are in default under the terms of the
______________________________________________________________________________
(identify security agreement or conditional sale contract by title or caption and date)
in that _________________________________________________________________. (describe default)
This default gives the foreclosing creditor named below the right to sell your manufactured home, mobilehome, truck camper or floating home which is registered with the Department of
Housing and Community Development under number(s)________________________________
(give registration number(s)
unless the default is promptly cured. Unless the foreclosing creditor receives a written notice from you to the contrary by
______________________________________________________________________________
(insert a date not less than 15 days after this notice is served personally or,
if mailed, not less than 18 days after this notice is deposited in the mail)
your manufactured home, mobilehome, truck camper, or floating home will be deemed abandoned, which means that the foreclosing creditor may sell your manufactured home, mobilehome, truck camper or floating home sooner than would otherwise be permitted by law. The written notice you must send to the foreclosing creditor shall be sent to
______________________________________________________________________________
(address of foreclosing creditor)
and shall state both of the following:
1. Your intent not to abandon the manufactured home, mobilehome, truck camper or floating home.
2. An address at which you may be served by certified mail with a summons in connection with any legal action which the foreclosing creditor may appropriately initiate.
__________________________________________
(name of foreclosing creditor)
________________________________________
(signature of foreclosing creditor)
(b) In the event of a default under the provisions of any security agreement relating to a loan or a conditional sale contract in which the collateral is a manufactured home, mobilehome, truck camper or floating home subject to registration under this part which is inventory of a dealer or a commercial coach, the secured party may repossess and dispose of the collateral in accordance with the provisions of the security agreement or conditional sale contract and applicable law, including the provisions of Division 9 (commencing with Section 9101) of the Commercial Code. Upon repossession of a manufactured home, mobilehome, truck camper or floating home subject to registration under this part which is inventory of a dealer or a commercial coach subject to registration under this part, the secured creditor shall prepare and forward to the department a notice of repossession on the form prescribed by the department.
(c) The proceeds of the sale of a manufactured home, mobilehome, commercial coach, truck camper or floating home shall be applied, in the following order, to:
(1) The reasonable and necessary expenses incurred for preparing for and conducting the sale and, if the foreclosing creditor has obtained possession of the collateral prior to the disposition, the reasonable and necessary expenses for the retaking and holding of the collateral and to the extent provided for in the agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the foreclosing creditor in retaking the property from any person not a party to the credit contract.
(2) The satisfaction of the indebtedness secured by the security interest of the foreclosing creditor under which the disposition is made.
(3) The satisfaction of indebtedness secured by any subordinate liens or encumbrances on the property in the order of their priority as provided in Section 18105, if with respect to a junior creditor written notification of demand therefor is received before distribution of the proceeds is completed, and to the satisfaction of any subordinate attachment lien or execution lien pursuant to subdivision (b) of Section 701.040 of the Code of Civil Procedure if notice of the levy of attachment or execution is received before distribution of the proceeds is completed. If requested by the foreclosing creditor, the holder of a subordinate lien or encumbrance shall furnish reasonable proof of his or her interest, and unless it does so, the foreclosing creditor need not comply with its demand.
(4) The satisfaction of indebtedness secured by all senior liens or encumbrances in the order of their priority as provided in Section 18105, if with respect to a senior creditor written demand therefor is received by the foreclosing creditor before distribution of the proceeds is completed. If requested by the foreclosing creditor, the holder of a senior lien or encumbrance shall furnish reasonable proof of his or her interest, and unless he or she does so, the foreclosing creditor need not comply with his or her demand.
(5) To the registered owner within 45 days after the sale is conducted if a surplus remains.
(d) Unless automatically provided to the registered owner within 45 days after the sale of a manufactured home, mobilehome, truck camper or floating home if a request for an accounting is made within one year of the sale, the foreclosing creditor shall provide to the registered owner a written accounting containing the gross sales proceeds and its allocation pursuant to subdivision (c). In the event any surplus is paid to the registered owner pursuant to paragraph (5) of subdivision (c), the foreclosing creditor shall furnish such an accounting whether or not requested by the registered owner.
(Added by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
18038. Blank
18038.7. Deficiency judgment
No deficiency judgment shall lie in any event, after the sale of any manufactured home, mobilehome, commercial coach, truck camper or floating home subject to registration pursuant to this part, for failure of the purchaser to complete his or her sale contract given to the seller to secure payment of the balance of the purchase price of the manufactured home, mobilehome, commercial coach, truck camper, or floating home. This section shall not apply in the event there is substantial damage to the manufactured home, mobilehome, commercial coach, truck camper, or floating home other than wear and tear from normal usage.
In addition, no deficiency judgment shall lie in any event under a deed of trust or mortgage or note on a floating home serving as a dwelling for not more than four families given to a lender to secure payment of a loan which was in fact used to pay for all or part of the purchase price of that dwelling occupied, entirely or in part, by the purchaser.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82)
(Amended by Ch. 1216, Stats. of 1983, eff. 1/1/84)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88)
(Amended by Ch. 942, Stats. of 1991, eff. 1/1/92)
18039. Waiver of buyer's rights invalid
No agreement entered into pursuant to this chapter shall contain any provision by which the buyer waives his or her rights under this chapter, and any waiver shall be deemed contrary to public policy and shall be void and unenforceable.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18039.1. Conversion to real property; law applicable to default and sale
Notwithstanding any other provision of law to the contrary, if a manufactured home or mobilehome is affixed to a permanent foundation pursuant to Section 18551, or security for the manufactured home or mobilehome loan includes the real property it is affixed to or installed upon, procedures for notice of default and sale shall be governed by Chapter 2 (commencing with Section 2920) of Title 14 of the Civil Code and shall not be governed by the provisions of this chapter.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18039.5. Transactions exempt from chapter; application of other acts to transactions subject to chapter
(a) The provisions of this chapter, except Section 18037.5, shall not apply to any loan or credit sale secured by a manufactured home or mobilehome subject to registration under this part unless the loan or credit sale was made under circumstances which required disclosures under Regulation Z, as defined by Section 18036.5.
(b) In no respect shall the sale or financing of a manufactured home or mobilehome subject to this chapter and of any goods or services sold in conjunction with the sale of the manufactured home or mobilehome be subject to the Retail Installment Sales Act, Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code or the Automobile Sales Finance Act, Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code.
(Added by Ch. 1124, Stats. of 1983, operative 7/1/84.)
CHAPTER 6. MULTIPLE LISTING BETWEEN DEALERS OF
MANUFACTURED HOMES, MOBILEHOMES OR COMMERCIAL COACHES
18040. Sale of manufactured home, mobilehome, or commercial coach not previously installed on a foundation system; powers of dealers
(a) With respect to the sale of any manufactured home, mobilehome, or commercial coach that has not been previously installed on a foundation system pursuant to Section 18551, a dealer may solicit or obtain listings, engage in the multiple listing only with other dealers, or engage in payments only to other dealers or groups of dealers, pursuant to cooperative brokering and referral arrangements or agreements on the sale of only a manufactured home, mobilehome, or commercial coach which has been titled by the department.
(b) With respect to the resale of any manufactured home or mobilehome that has not been previously installed on a foundation system pursuant to subdivision (a) of Section 18551, a dealer may solicit or obtain listings, engage in multiple listing, or engage in payments with other dealers, groups of dealers, or with real estate licensees licensed pursuant to Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 423, Stats. of 1997, eff. 1/1/98)
18040.5. Suspension of revocation of dealer's license
The department, after notice and hearing, may suspend or revoke a dealer's license upon determining that the dealership has committed any of the acts or omissions specified in Section 18062.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
CHAPTER 7. OCCUPATIONAL LICENSES
ARTICLE 1. GENERAL REQUIREMENTS
18045. Necessity of license or temporary permit in good standing
It shall be unlawful for any person to act as a licensee within this state without having first procured a license or temporary permit issued by the department pursuant to this chapter, or when a license or temporary permit has been canceled, suspended, revoked, invalidated, expired, or the terms and conditions of an agreement for a stipulated penalty entered into pursuant to Section 18064.5 have not been fulfilled.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1162, Stats. of 1982, eff. 1/1/83.)
18045.5. Established place of business
(a) The department shall not issue a manufacturer, distributor, or dealer license to any applicant therefor who does not have an established place of business.
(b) In the case of a dealer or distributor, the established place of business shall have an office located within the State of California. In the case of a manufacturer, the established place of business shall have a manufacturing area defined by department regulations situated on the same property. When a room or rooms in a hotel, roominghouse, apartment house building, or a part of any single-unit or multiple-unit dwelling house is used as an office or offices of an established place of business, the room or rooms shall be devoted exclusively to, and occupied for, the office or offices of the licensee, shall be located on the ground floor, and shall provide a direct entrance into the room or rooms from the exterior of the building.
(c) The established place of business shall be open for inspection of the premises, pertinent records, and manufactured homes, mobilehomes, or commercial coaches by any department representative during business hours.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 199, Stats. of 1985, eff. 1/1/86.)
(Amended by Ch. 793, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 1144, Stats. of 1989, eff. 9/30/89.)
18045.6. Manufacturer, distributor, and dealer regulations
(a) (1) If the manufacturer, distributor, or dealer changes the site or location of his or her established place of business, the manufacturer, distributor, or dealer shall immediately, upon making the change, so notify the department. If a manufacturer, distributor, or dealer for any reason whatsoever, ceases to be in possession of an established place of business from and on which he or she conducts the business for which the manufacturer, distributor, or dealer is licensed, he or she shall immediately notify the department and, upon demand by the department, shall deliver to the department the manufacturer's, distributor's, or dealer's license and all relevant records in his or her possession.
(2) The department may place a manufacturer, distributor, or dealer license on an inactive status upon application of the licensee. An inactive license shall remain valid for six months or for the remaining term of the original license, whichever is less.
(b) If the dealer changes to, or adds, another franchise for the sale of new manufactured homes, mobilehomes, or commercial coaches, or cancels, or, for any cause whatever, otherwise loses a franchise for the sale of new manufactured homes, mobilehomes, or commercial coaches, he or she shall immediately so notify the department.
(c) A dealer's established place of business shall have posted in a place conspicuous to the public the license issued by the department to the dealer and to each salesperson employed by the dealer.
(d) (1) Notwithstanding Section 18050 and this section, a dealer may display manufactured homes, mobilehomes, or commercial coaches at a fair, exposition, or similar exhibit for no more than 30 days. As used in this section, "mobilehome fair or exposition" means a display of manufactured homes, mobilehomes, or commercial coaches not limited to one dealer and not in a mobilehome park.
(2) New manufactured homes or mobilehomes, installed pursuant to Section 18613, may also be displayed and sold within a mobilehome park or mobilehome subdivision by dealers. A display home may be used and equipped only for the sale of the displayed home and shall not be used as an established place of business, unless licensed as an established place of business.
(3) Dealers and salespersons may negotiate listing agreements for the sale of a used manufactured home or mobilehome which has been titled by the department, and may negotiate and execute offers to purchase and purchase documents for the sale of a new or used manufactured home or mobilehome other than at the established place of business.
(e) All manufactured homes, mobilehomes, or commercial coaches displayed pursuant to subdivision (d) shall be identified by a sign or device providing information relating to the dealer's name and the location and address of the dealer's established place of business and any other information that is required by the department.
(f) The requirements for an office specified in subdivision (b) of Section 18045.5 shall not apply to a display location authorized by subdivision (d), unless licensed as an established place of business.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 199, Stats. of 1985, eff. 1/1/86.)
(Amended by Ch. 442, Stats. of 1986, eff. 1/1/87.)
(Amended by Ch. 793, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 608, Stats. of 1992, eff. 1/1/93.)
18045.8. Temporary permits; cancellation
(a) Notwithstanding Section 18045.5, for an office at a dealer's established place of business, the department may issue a temporary permit as provided in Section 18052.
(b) When a dealer's license applicant has satisfied all other requirements for a dealer's license, as provided in this part and the regulations adopted pursuant thereto, except for the office, and the applicant proposes to purchase a new manufactured home, mobilehome, or commercial coach for use as the required office, the temporary permit shall be canceled automatically if the dealer's license applicant does not purchase a new manufactured home, mobilehome, or commercial coach and establish it as the required office, or otherwise establish a complying office, within 60 days of the temporary permit issuance date.
(Added by Ch. 442, Stats. of 1986, eff. 1/1/87.)
18046. Consumer Protection
It is the duty of a dealer licensed under this chapter to a prospective purchaser of a used manufactured home to conduct a reasonably competent and diligent visual inspection of the home offered for sale and to disclose to the prospective purchaser all facts materially affecting the value or desirability of the home that an investigation would reveal, if that dealer has a written contract with the seller to find or obtain a purchaser or is a dealer who acts in cooperation with others to find and obtain a purchaser. A dealer may discharge this duty by completing the agent's portion of the transfer disclosure statement that a seller prepares and delivers to a purchaser pursuant to Section 1102 of the Civil Code.
(Added by Ch. 812, Stats. of 1996, eff. 1/1/97.)
18046.1 Standard of Care
The standard of care owed by a dealer to a purchaser under this part is the degree of care that a reasonably prudent dealer would exercise and is measured by the degree of knowledge through education, experience, and examination required to obtain a license under this chapter.
(Added by Ch. 812, Stats. of 1996, eff. 1/1/97.)
18046. to 18047. (Repealed by Ch. 1442, Stats. of 1984, eff. 1/1/85.)
ARTICLE 2. APPLICATIONS AND RENEWALS
18050. Application; investigation
(a) Every applicant for an occupational license shall make application to the department for a license containing a general distinguishing number.
(b) The applicant shall submit all information as may be reasonably required by the department in carrying out the provisions of this chapter, including, but not limited to, proof of successful completion within the previous six months of the appropriate department examination and proof of his or her status as a bona fide manufacturer, distributor, dealer, dealer branch, or salesperson.
(c) Every applicant shall submit an application to the department on the forms prescribed by the department. The applicant shall provide the department with information as to the applicant's character, honesty, integrity, and reputation, as the department may consider necessary. The department, by regulation, shall prescribe what information is required of the applicant for the purposes of this subdivision.
(d) Upon receipt of a complete application for a license which is accompanied by the appropriate fee, the department shall, within 120 days, make a thorough investigation of the information contained in the application.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1162, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
18050.5. Refusal to issue license; grounds
The department may, for a reasonable cause shown, refuse to issue a license to an applicant when it determines any of the following:
(a) The applicant was previously the holder of a license, which license was revoked for cause and never reissued, or which license was suspended for cause and the terms of suspension have not been fulfilled.
(b) The applicant was previously a limited or general partner, stockholder, director, general manager, or officer of a partnership or corporation whose license was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled.
(c) If the applicant is a partnership or corporation, of which one or more of the limited or general partners, stockholders, directors or officers was previously the holder or a limited or general partner, stockholder, director or officer of a partnership or corporation whose license was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled, or by reason of the facts and circumstances touching the organization, control, and management of the partnership or corporation business the policy of the business will be directed, controlled, or managed by individuals, who, by reason of their conviction of violations of the provisions of this part, would be ineligible for a license and by licensing the corporation or partnership the purposes of this part would likely be defeated.
(d) The applicant, or one of the limited or general partners, if the applicant be a partnership, or one or more of the officers or directors of the corporation, if the corporation be the applicant, or one or more of the stockholders, if the policy of the business will be directed, controlled, or managed by that stockholder or stockholders, has ever been convicted of a felony or a crime involving moral turpitude. A conviction after a plea of nolo contendere is deemed to be a conviction within the meaning of this section.
(e) The information contained in the application is incorrect.
(f) Upon investigation, the business history required by Section 18050 contains incomplete or incorrect information, or reflects substantial business irregularities.
(g) The decision of the department to cancel, suspend, or revoke a license has been entered, and the applicant was the licensee, or a copartner, officer, director, or stockholder of that licensee.
(h) The existence of any of the causes specified in Section 18058 as a cause to suspend or revoke the license issued to a licensee.
(i) An applicant for a dealer's license has failed to effectively endorse an authorization for disclosure of an account or accounts relating to the operation of the dealership, as provided for in Section 7473 of the Government Code.
(j) The applicant has outstanding an unsatisfied final judgment rendered in connection with an activity licensed under this part.
(k) The applicant or licensee has failed to pay over funds or property received in the course of employment to a dealer entitled thereto.
(l) The applicant has acted as a manufactured home, mobilehome, or commercial coach salesperson or engaged in this activity for, or on behalf of, more than a single person whose business does not have identical ownership and structure. The activity shall be for a licensed dealer. Nothing contained in this section shall be deemed to restrict the number of dealerships of which a person may be an owner, officer, or director, nor to preclude a manufactured home, mobilehome, or commercial coach salesperson from working at more than one location of a single dealer, if the business of the dealer has identical ownership and structure.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18050.7 Initial dealer's license; education and experience requirements
In addition to any other requirements imposed by this part or regulations of the department, the department shall not grant an initial dealer's license to any applicant who has not satisfied all of the education and experience requirements contained in this section. If the applicant for a dealer's license is a partnership, corporation, or other business entity, each person designated to participate in the direction, control, or management of the sales operation of the entity shall meet all of the education and experience requirements contained in this section prior to issuance of a dealer's license by the department.
(a) The applicant either shall have held a valid salesperson's license for at least two years within the five-year period immediately preceding the application for an initial dealer's license, or shall meet any of the following criteria:
(1) Has acquired a four-year degree from an accredited college or university.
(2) Has held a valid salesperson's license for one year in the past three years and acquired an associate of arts or associate of science degree from an accredited college.
(3) Has been the officer of the corporation, owner or partner of, or has held a management position relating to finance, marketing, administration, or general management with, a manufacturer of manufactured housing in any state for two years within the five years immediately preceding application for an initial dealer's license.
(4) Holds a management position with a housing authority, redevelopment agency, or nonprofit housing corporation which is developing individual lots, a subdivision, or a park for the placement of manufactured homes or mobilehomes.
(5) Has been an escrow, title, or loan officer of a land title company, bank, savings and loan association, or mortgage company in a capacity directly related to financing or conveying title to manufactured housing for two years within the five years immediately preceding application for an initial dealer's license.
(6) Has been a subdivider, developer, or contractor in any state during which time the applicant developed or sold 10 lots or the equivalent, for two years within the five years immediately preceding application for an initial dealer's license.
(7) Has been the officer of a corporation, the owner or partner of a mobilehome park or mobilehome park management company in any state for at least two years within the five years immediately preceding the application for an initial dealer's license.
(8) Has held a dealer's license from a state other than California for at least four years within the five years immediately preceding the application for an initial dealer's license, and has completed 24 hours of continuing education class in California, in addition to the continuing education requirement of subdivision (b).
(b) The applicant shall have met the applicable preliminary education requirements for the salesperson's license under paragraph (5) of subdivision (b) of Section 18056.2.
(c) The department may adopt regulations, as necessary, to implement this section.
(Added by Ch. 1127, Stats.. of 1988, eff. 1/1/89)
(Amended by Ch. 506, Stats.. of 1991, eff. 1/1/92)
18051. Probationary license
(a) Except where the provisions of this part require the refusal to issue a license, the department may issue a probationary license subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the probationary license, but shall, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein.
(b) Within 60 days after issuance of a probationary license, the applicant may demand, in writing, a hearing before the director or his or her representative.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18052. Temporary Permit
(a) Pending the satisfaction of the department that the applicant meets the requirements under this article, it may issue a temporary permit to any person applying for a license for a period not to exceed 120 days while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to the license. The department may cancel a temporary permit when it determines or has reasonable cause to believe that the application is incorrect, fraudulent, or incomplete, or that the temporary permit was issued in error. The temporary permit shall be invalid immediately when canceled by the department or when the applicant's license has been issued or refused.
(b) Upon refusal of the department to issue a license to an applicant, the applicant may demand, in writing, a hearing before the director or his or her representative within 60 days after notice of refusal and receipt of a statement of issues.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 199, Stats. of 1985, eff. 1/1/86.)
18052.5. Certificate of convenience
The department may issue a certificate of convenience to the executor, executrix, administrator, or administratrix of the estate of a deceased holder of a validly outstanding license issued under this part, or, if no executor, executrix, administrator, or administratrix has been appointed and until a certified copy of an order making the appointment is filed with the department, to the surviving spouse or another heir otherwise entitled to conduct the business of the deceased. The certificate shall permit that person to exercise the privileges granted by the license for a period of one year from and after the date of death. The department may issue necessary one-year renewals of that certificate pending, but not later than, disposal of the business and qualification of the vendee of the business or the surviving spouse, heir, or other persons for the license under the provisions of this part. The department may restrict or condition the certificate of convenience or the license and attach to the exercise of the privileges thereunder those terms and conditions as it determines are necessary for the protection of the public.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18052.6. 90-day salesperson certificate; report
(a) Notwithstanding any of the provisions of this chapter, the department may, on a one-time-only basis, issue a 90-day certificate to an applicant for an original salesperson's license. The certificate shall permit that person to exercise the privileges granted by the license for a period not to exceed 90 days from the date of issuance. Any person, while acting under the authority of the 90-day certificate, shall not execute any documents, contracts, or listing agreements, or accept any cash or cash equivalent, for the sale or lease of a new or used manufactured home.
(b) Prior to the expiration of the 90-day certificate, the holder shall complete all other requirements prescribed under this chapter, in order to continue as a salesperson past the expiration date of the 90-day certificate.
(c) The department may restrict or condition the 90-day certificate, and attach to the exercise of the privileges thereunder, those terms and conditions as it determines are necessary for the protection of the public.
(d) The department may establish a fee to cover the costs for the issuance of the 90-day certificate.
(e) The department shall report to the legislature the number of 90-day certificates issued and the name and address of the employing dealer of the salesperson holding the certificate during the year 1990.
(Added by Ch. 875, Stats. of 1989, eff. 1/1/90.)
18052.7. 90-day salesperson certificate; maximum number of employees; supervision; liability
No dealer shall employ more than three salespersons licensed pursuant to a 90-day certificate at his or her established place of business at any one time. In the case where a dealer has more than one established place of business, the dealer may employ up to three salespersons licensed pursuant to a 90-day certificate at each place of business. If a dealer employs a salesperson licensed pursuant to a 90-day certificate, the dealer shall designate a responsible managing employee who shall directly supervise those salespersons at each established place of business at which they are employed. The dealer shall bear full legal responsibility for all actions of employed salespersons licensed pursuant to a 90-day certificate.
(Added by Ch. 875, Stats. of 1989, eff. 1/1/90.)
18053. Reapplication after denial; time
A person whose license has been revoked or whose application for a license has been denied shall not reapply for a license for a period of at least one year from the effective date of the decision revoking the license or denying the application, except, if the decision was entered under the authority of subdivision (a), (b), (g), or (j) of Section 18050.5 or subdivision (b) of Section 18060, a reapplication, accompanied by evidence satisfactory to the department that the grounds for that decision no longer exist, may be made earlier than that one-year period.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18053.5. Examination of salespersons; prior licensees; examination of managing employee for dealer's license
(a) Except as otherwise provided in this section, every applicant for a manufactured home, mobilehome, or commercial coach dealer's or sales person's license shall be required to take and successfully complete a written examination, prepared and administered by the department. The examination shall include, but not be limited to, subjects relating to manufactured homes, mobilehomes, and commercial coaches, laws relating to contracts for the sale of manufactured homes, mobilehomes, and commercial coaches, laws covering truth in lending, and departmental and warranty requirements.
(b) The department may administer an oral examination in lieu of the written examination required by subdivision (a) under the following conditions:
(1) To any person who applies for a manufactured home, mobilehome, or commercial coach salesperson's license.
(2) To any person who applies for a manufactured home, mobilehome, or commercial coach dealer's license if the person is not the sole owner of the dealership and there are other persons within the ownership structure who meet the requirements of subdivision (a).
(3) To any person with a physical handicap if the handicap makes the taking of a written examination unreasonable.
(c) No person, who, on July 1, 1976, held a then valid salesperson's license issued pursuant to the Vehicle Code and who has, continuously, for the same employer, been a salesperson of manufactured homes, mobilehomes, or commercial coaches, shall be required to take the examination specified in subdivision (a).
(d) No person, who, on July 1, 1976, held a then valid salesperson's license issued pursuant to the Vehicle Code and who has continuously been a manufactured home, mobilehome, or commercial coach dealer, shall be required to take the examination specified in subdivision (a), regardless of whether the person subsequently makes an application to do business under a different name or form of business organization. However, a salesperson of manufactured homes, mobilehomes, or commercial coaches who makes an application for a manufactured home, mobilehome, or commercial coach dealer's license shall be required to take and successfully complete the examination specified in subdivision (a).
(e) If the applicant for a manufactured home, mobilehome or commercial coach dealer's license is a corporation or partnership, only those persons who will participate in the direction, control, or management, or any combination thereof, of the sales operations of the business, or who act in the capacity of a manufactured home, mobilehome, or commercial coach salesperson, shall be required to take and successfully complete the examination specified in subdivision (a). However, if no officer or director of the corporation or a partner, or the partners thereof participates in the direction, control, or management, or any combination thereof, of the sales operations of the business, or acts in the capacity of a manufactured home, mobilehome, or commercial coach salesperson, the corporation or partnership shall designate and maintain a responsible managing employee who is a licensed manufactured home, mobilehome, or commercial coach salesperson and who shall be required to take, and successfully complete, the examination specified in subdivision (a) for a dealer's license before a dealer's license may be issued.
(f) Every person who applies to the department to take the examination required under this section for a dealer's or salesperson's license shall pay to the department a fee established by the department.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 552, Stats. of 1986, eff. 1/1/87.)
18054. Issuance of licenses and other documents; duplicates; return or cancellation, suspension or revocation
(a) The department, upon granting a license, shall issue to the applicant a license with a size and format established by the department containing at least the applicant's name and address, the general distinguishing number assigned to the applicant and expiration date. For salespersons, the license shall also state the name and address of the employing dealer. The department may issue other forms of identification to licensees.
(b) The department shall also furnish books and forms as it may determine necessary. All books, forms, and licenses shall remain the property of the department and may be taken up at any time for inspection.
(c) A licensee shall promptly obtain a replacement license when the original is either lost or mutilated, and, in the case of a salesperson, when changing his or her name, employment, or residence address.
(d) Whenever the department cancels, suspends, or revokes a license, the licensee or person in possession shall immediately return the license, documents, transportation decals, report of sales books, certificates, and other evidence of licensure to the department.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 730, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 608, Stats. of 1992, eff. 1/1/93.)
(Amended by Ch. 394, Stats. of 1996, eff. 1/1/97.)
18054.5. (Repealed by Ch. 552, Stats. of 1986, eff. 8/22/86.)
18054.6. (Repealed by Ch. 1162, Stats. of 1982, eff. 1/1/82)
18054.7. Duration of occupational license or decal; time for renewal or reinstatement
(a) Every occupational license issued to a manufacturer, distributor, dealer, or salesperson shall expire on the last day of the 24th month following the date of issuance of the temporary permit, pursuant to Section 18052.
(b) Every occupational license renewed by a manufacturer, distributor, dealer, or salesperson shall be for a term of 24 months.
(c) Applications to renew an occupational license held by a manufacturer, distributor, dealer, or salesperson shall be received by the department or postmarked during the month of expiration. An expired occupational license may be reinstated upon application for reinstatement to the department within 60 days of expiration. The application for reinstatement shall be accompanied with the payment of all renewal fees and a reinstatement fee equal to 50 percent of the renewal fee.
(d) Holders of an expired occupational license shall discontinue all activities of a licensee until a new license or temporary permit is obtained from the department, except that an applicant for renewal may continue to operate with an expired occupational license, provided all other requirements of rules, regulations, and laws governing their activities are met, until the application for renewal is approved or denied.
(Added by Ch. 730, Stats. of 1982, eff. 1/1/83, operative 1/1/84.)
(Amended by Ch. 552, Stats. of 1986, eff. 8/22/86.)
(Amended by Ch. 373, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 394, Stats. of 1996, eff. 1/1/97.)
18055. Fees and penalties
(a) The department may require that fees shall be paid to the department for the issuance or renewal of a license to do business as a licensee. The fees shall reimburse the department for costs incurred in administration and enforcement of this chapter. The department may refuse to renew a license if a licensee has failed to pay any fees or penalties due the department pursuant to this part.
(b) Any person required to be licensed under this chapter who fails to make application for a license when required shall, in addition to the fees required pursuant to subdivision (a), pay a penalty of 50 percent of the license fee.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1162, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 394, Stats. of 1996, eff. 1/1/97.)
18055.5. to 18057. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
ARTICLE 2.5. CONTINUING EDUCATION
18056. Legislative findings; adoption of regulations
(a) The Legislature has determined that it is in the public interest for consumer protection and service that all manufactured housing dealers and salespersons licensed under the provisions of this part comply with the continuing education requirements adopted by department regulations pursuant to this article. The provisions of this article shall not apply to those persons licensed only to sell commercial coaches.
(b) The department shall adopt regulations implementing this article as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For the purposes of the Administrative Procedure Act, the adoption of the regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare.
(Added by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 552, Stats. of 1986, eff. 8/22/86.)
18056.1. Assistance and advice of experts
In carrying out its duties under this article, the department shall take reasonable steps to solicit the assistance and advice of persons who are experts in the areas of mobilehome and manufactured housing and in education in the areas of mobilehome and manufactured housing, including the needs and benefits of continuing education as provided for in this article.
(Added by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
18056.2. Completion of approved educational courses; regulations; contents
(a) Any person licensed as a dealer or salesperson to sell manufactured homes or mobilehomes shall have completed approved educational courses, seminars, or conferences, or their equivalent, during the period preceding license renewal on the following basis:
(1) For the first license renewal period subsequent to issuance of the license: 24 hours.
(2) For the second license renewal period subsequent to issuance of the license: 12 hours.
(3) For the third and subsequent license renewal periods subsequent to the issuances of the license: six hours.
(b) The regulations shall prescribe all of the following:
(1) A basis and method of qualifying educational programs, including course content and topic requirements, and instructors, the certification of attendance at which, or challenging the course of which, will satisfy the requirements of this article.
(2) A procedure for evaluation of petitions based on a claim of equivalency with the requirements of subdivision (a), and a reasonable standard by which activity would be judged equivalent, including, but not limited to, instruction in manufactured housing educational programs, law, manufactured housing technical programs, or research.
(3) A system of control and reporting qualifying attendance.
(4) A statement of the conditions of exemption from the continuing education requirements established under this article, as well as a method of applying and qualifying for the exemption, for reason of health, military service, or other compelling cause.
(5) Criteria for the content, availability, and procedures for no less than six hours of preliminary education courses or programs which shall be attended and successfully concluded by applicants for new dealers' or salespersons' licenses before the applicants take the licensing examinations.
(c) In exercising the authority under this article, the department shall establish standards which will assure reasonable currency of knowledge as a basis for a level of manufactured housing practice which will provide a high level of consumer protection and service. The standards shall include, where qualified, generally accredited educational institutions, private vocational schools, correspondence institutions, educational programs and seminars of professional societies and organizations, other organized educational programs or technical subjects, or equivalent offerings.
(Added by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 123, Stats. of 1985, eff. 7/1/85.)
(Amended by Ch. 552, Stats. of 1986, eff. 8/22/86.)
(Amended by Ch. 1077, Stats. of 1987, eff. 1/1/88.)
18056.3. Regulations; amendment or repeal
The department may amend or repeal any regulation adopted pursuant to this article in the same manner as provided for adoption of regulations, except that no amendment or repeal shall operate to deprive any licensee of the right to submit qualifying education completed pursuant to the amended or repealed regulation during his or her current license term, as a basis for license renewal.
(Added by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
18056.4. Renewal of license; completion of educational requirements
On or after January 1, 1987, no dealer's or salesperson's license shall be issued or renewed unless the department finds that the applicant has completed the preliminary or continuing education required by this article. Any denial of license issuance or renewal is subject to Article 2 (commencing with Section 18050).
(Added by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 123, Stats. of 1985, eff. 7/1/85.)
18056.5. Extension of license pending completion of educational requirements
When the department finds that the evidence submitted in good faith by an applicant for a renewal license does not in fact qualify, it may extend the license for 90 days to allow
the applicant to submit additional evidence to comply with this article. When the renewal license is issued during a grace period, it shall expire at the regular time otherwise provided for in this part.
(Added by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
ARTICLE 3. INFRACTIONS AND PENALTIES
18058. Suspension or revocation of license, grounds
It is unlawful, and a violation of this part, if a person to whom a license is issued is any of the following:
(a) Not lawfully entitled thereto.
(b) Has violated any of the provisions of this part or of Section 18613 or 18551, or any rule, order, or regulation issued pursuant thereto.
(c) Has committed or omitted any of the acts or omissions set forth in Sections 18058.5 through 18063.5, inclusive.
The department, after notice and hearing, may suspend or revoke the license issued to a licensee upon determining that these acts or omissions occurred or are in existence.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18058.1. Service of process by registered mail; closed place of business or salesperson no longer residing at address last filed
(a) Any manufacturer or dealer licensed under this part that has closed its place of business, or any salesperson licensed under this part no longer residing at the address last filed with the department, may be served with process issued pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code by registered mail at that place of business in the case of a manufacturer or dealer, or at the last address filed with the department in the case of a salesperson, unless the manufacturer, dealer, or salesperson has notified the department in writing of another address where service may be made.
(b) This section shall apply to any manufacturer, dealer, or salesperson who is licensed under this part or whose license is renewed under this part, on or after the effective date of this section.
(Added by Ch. 1144, Stats. of 1989, eff. 9/30/89.)
18058.5. Applications
With respect to applications, it is unlawful to file an application for the license thereafter issued using a false or fictitious name not registered with the proper authorities, or to knowingly make any false statement or to knowingly conceal any material fact in the application for the license.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18059. Taxation, fees, title, and registration
With respect to taxation, fees, title, and registration, it is unlawful to do any of the following:
(a) Used a false or fictitious name, knowingly make any false statement, or knowingly conceal any material fact in any application for title or registration of a manufactured home, mobilehome, or commercial coach, or otherwise commit a fraud in that application.
(b) Fail to deliver to a transferee lawfully entitled thereto a properly endorsed title or registration.
(c) Violate any of the terms or provisions of Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code or rules and regulations adopted pursuant thereto or adopted pursuant to Section 18015 of this part.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18059.5. Escrows and sales practices
With respect to escrows and sales practices, it is unlawful to do any of the following:
(a) Violate any of the terms or provisions of Chapter 5 (commencing with Section 18035) relating to purchase documents, receipts for deposit, escrow, and sales practices, or any rule, regulation, or order issued by the department pursuant thereto.
(b) Intentionally withhold or provide false information to an escrow company or to any person or firm holding or acquiring an ownership or security interest in the manufactured home or mobilehome being sold or purchased.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 40, Stats. of 1982, eff. 2/17/82.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
18060. Business operations
With respect to business operations, it is unlawful to do any of the following:
(a) Make, or knowingly or negligently permit, any illegal use of any special permits, or report of sales books issued to or in favor of a licensee.
(b) Submit a check, draft, or money order to the department for any obligation or fee due the department which is thereafter dishonored or refused payment upon presentation.
(c) Fail to notify the department, within 10 days, of any change in the ownership or corporate structure of the licensee, or of the employment or termination of a mobilehome or commercial coach salesperson.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 506, Stats. of 1991, eff. 1/1/92.)
(Amended by Ch. 394, Stats. of 1996, eff. 1/1/97.)
18060.5. Business practices
With respect to business practices, it is unlawful to do any of the following:
(a) Knowingly purchase, sell, or otherwise acquire or dispose of a stolen manufactured home, mobilehome, or commercial coach.
(b) Violate any of the terms or provisions of regulations promulgated under the authority of Section 18015.
(c) Cause the state or any person to suffer any loss or damage by reason of any fraud or deceit practiced on them or fraudulent representations made to any person in the sale or purchase of a manufactured home, mobilehome, or commercial coach or parts or accessories thereof.
(d) Violate any of the terms and conditions of Chapter 3 (commencing with Section 1797) of Title 1.7 of Part 4 of Division 3 of the Civil Code.
(e) Move a manufactured home, mobilehome, or commercial coach subject to registration pursuant to this part from a mobilehome park or other site of installation to another location without obtaining from the legal owner written consent for the move as prescribed in Section 18099.5.
(f) Include as an added cost to the selling price of a manufactured home, mobilehome, or commercial coach, an amount for licensing or transfer of title of the manufactured home, mobilehome, or commercial coach, which amount is not due to the state unless, prior to the sale, the amount has been paid by a dealer to the state in order to avoid penalties that would have accrued because of late payment of those fees. However, a dealer may collect from the second purchaser of a manufactured home, mobilehome, or commercial coach, a prorated fee based upon the number of months remaining in the registration year for that manufactured home, mobilehome, or commercial coach, if the manufactured home, mobilehome, or commercial coach was previously sold by the dealer and the sale was subsequently rescinded and all the fees that were paid, as required by this part and Chapter 2 (commencing with Section 10751) of Division 2 of the Revenue and Taxation Code, were returned to the first purchaser of the manufactured home, mobilehome, or commercial coach.
(g) Participate in the sale of a manufactured home, mobilehome, or commercial coach reported to the Department of Motor Vehicles Section 5900 of the Vehicle Code or to the department pursuant to this part without making the return and payment of any sales tax due and required by Section 6451 of the Revenue and Taxation Code.
(h) Fail to exercise reasonable supervision over the activities of employees who negotiate or promote the sale of manufactured homes, mobilehomes, or commercial coaches.
(i) Display for sale, offer for sale, or sell, a manufactured home, mobilehome, or commercial coach, representing that manufactured home, mobilehome, or commercial coach to be of a year model different from the year model designated at the time of manufacture or first assembly as a completed manufactured home, mobilehome or commercial coach.
(j) Directly or indirectly authorize or advise another licensee to change the year model of a manufactured home, mobilehome, or commercial coach in the inventory of the other licensee.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 40, Stats. of 1982, eff. 2/17/82.)
(Amended by Ch. 706, Stats. of 1983, eff. 9/11/83.)
(Amended by Ch. 1342, Stats. of 1984, eff 9/26/84, operative 1/1/85.)
18061. Advertising
With respect to advertising, it is unlawful:
(a) To make or disseminate or cause to be made or disseminated before the public in this state, in any newspaper or other publication, or any advertising device, or by public outcry or proclamation, or by any other manner or means whatsoever, any statement which is untrue or misleading, and which is known, or which by the exercise of reasonable care should be known, to be untrue or misleading, or to so make or disseminate or cause to be so disseminated any statement as part of a plan or scheme with the intent not to sell any manufactured home, mobilehome, or commercial coach or service so advertised at the price therein, or as so advertised.
(b) To advertise or offer for sale or exchange in any manner, any manufactured home, mobilehome, or commercial coach not actually for sale at the premises of the dealer or available to the dealer through a listing agreement executed by the seller or from a manufacturer or distributor at the time of the advertisement or offer. However, this subdivision does not apply to advertising or offering for sale or exchange any used manufactured home, used mobilehome, or used commercial coach, where the advertising or offering for sale is not contrary to any terms of a contract between the seller of the manufactured home, mobilehome, or commercial coach and the owner of the mobilehome park, and which manufactured home, mobilehome, or commercial coach is either in place on a lot rented or leased for human habitation within an established mobilehome park, or is otherwise located, pursuant to a local zoning ordinance or permit, on a lot where its presence has been authorized or its continued presence and use would be authorized for a total and uninterrupted period of at least one year.
(c) To fail, within 48 hours, in writing, to withdraw any advertisement of a manufactured home, mobilehome, or commercial coach that has been sold or withdrawn from sale.
(d) To advertise or represent a manufactured home, mobilehome, or commercial coach as a new manufactured home, mobilehome, or commercial coach if the manufactured home, mobilehome, or commercial coach has been previously installed as a model without also advertising that it was a model.
(e) To advertise or otherwise represent, or knowingly to allow to be advertised or represented on his or her behalf, or at his or her established place of business, that no downpayment is required in connection with the sale of a manufactured home, mobilehome, or commercial coach when a downpayment is in fact required and the buyer is advised or induced to finance the downpayment by a loan in addition to any other loan financing the remainder of the purchase price of the manufactured home, mobilehome, or commercial coach.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
18061.5. Unlawful acts
It is unlawful to do any of the following:
(a) Willfully violate any law, or any rule or regulation adopted by the department, relating to manufactured homes, mobilehomes, or commercial coaches or the sale of manufactured homes, mobilehomes, or commercial coaches.
(b) Fail to comply within a reasonable time with any written order of the department or any law enforcement agency.
(c) Fail to meet the terms and conditions of a compromise agreement effected under the provisions of Section 18064.5.
(d) Cause or allow the existence of any of the conditions specified in Section 18050.5 as a cause for refusal to issue a license.
(e) Lend a license to any other person or knowingly permit the use thereof by another.
(f) Display or represent any license not issued to the person as being his or her license.
(g) Fail or refuse to surrender to the department, upon its lawful demand, any license, or report of sales books, which is suspended, revoked, or canceled.
(h) Permit any unlawful use of a license, or report of sale books, issued to a licensee.
(i) Photograph, photostat, duplicate, or in any way reproduce any license or facsimile thereof in such a manner that it could be mistaken for a valid license, or display or possess any photograph, photostat, duplicate, reproduction, or facsimile unless authorized by the provisions of this part.
(j) Accept or encourage sales arranged or negotiated by unlicensed persons or salespersons while not employed by the dealer. For the purposes of this section, employment by a dealer shall mean employment reported to the department pursuant to Section 18060.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 394, Stats. of 1996, eff. 1/1/97.)
18062. Unlawful acts of dealer
It is unlawful for a dealer to do any of the following:
(a) Enter into a listing agreement that does not include a specified date upon which the agreement is to terminate.
(b) Claim or take any secret or undisclosed amount of compensation, commission, fee, or profit prior to, or at the time that a contractual agreement is signed whereby all parties involved, after negotiation, have come to terms. However, this section shall not be construed to require the disclosure of any exclusive financial arrangements agreed upon between the dealer and any financial institution with regard to financial arrangements applicable solely to them.
(c) Exercise any provision which allows the dealer an option to purchase the manufactured home, mobilehome or commercial coach that is the subject of an agreement whereby a consumer authorizes or employs the dealer to arrange for its sale, purchase, or exchange, unless the dealer has, prior to exercising the option, revealed in writing to the consumer the full amount of the dealer's profit in exercising the option and obtained the written consent of the consumer approving the amount of the profit.
(d) Fail to disclose any liens or encumbrances of which the dealer had knowledge on a manufactured home, mobilehomes or commercial coach.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
18062.2. Unlawful acts of dealer
It is also unlawful for a dealer to do any of the following:
(a) Engage in the business for which the dealer is licensed without at all times maintaining an established place of business.
(b) Employ any person as a salesperson who is not licensed pursuant to this part, or whose license or 90-day certificate is not displayed on the premises of the dealer as provided in Section 18063.
(c) Permit the use of the dealer's license, supplies, or books by any other person for the purpose of permitting that person to engage in the sale of manufactured homes, mobilehomes, or commercial coaches, or to permit the use of the dealer's license, supplies, or books to operate a secondary location to be used by any other person, if, the licensee has no financial or equitable interest or investment in the manufactured homes, mobilehomes, or commercial coaches sold by, or the business of, or secondary location used by, the person, or has no such interest or investment other than commissions, compensations, fees, or any other thing of value received for the use of the dealer's license, supplies, or books to engage in the sale of manufactured homes, mobilehomes, or commercial coaches.
(d) Advertise any specific manufactured home, mobilehome, or commercial coach for sale without identifying the manufactured home, mobilehome, or commercial coach by its serial number or by the number on its federal label or insignia of approval issued by the department.
(e) Advertise the total price of a manufactured home, mobilehome, or commercial coach without including all costs to the purchaser at time of delivery at the dealer's premises, except sales tax, title and registration fees, finance charges, and any dealer documentary preparation charge. The dealer documentary preparation charge shall not exceed twenty dollars ($20).
(f) Exclude from the advertisement of a manufactured home, mobilehome, or commercial coach for sale information to the effect that there will be added to the advertised total price at the time of sale, charges for sales tax, title and registration fees, escrow fees, and any dealer documentary preparation charge.
(g) Represent the dealer documentary preparation charge as a governmental fee.
(h) Refuse to sell the manufactured home, mobilehome, or commercial coach to any person at the advertised total price for that manufactured home, mobilehome, or commercial coach, exclusive of sales tax, title fee, finance charges, and dealer documentary preparation charge, which charge shall not exceed twenty dollars ($20), while it remains unsold, unless the advertisement states the advertised total price is good only for a specified time and that time has elapsed.
(i) Not post the salesperson's license in a place conspicuous to the public on the premises where they are actually engaged in the selling of manufactured homes, mobilehomes, and commercial coaches for the employing dealer. The license shall be displayed continuously during their employment. If a salesperson's employment is terminated, the dealer shall return the license to the salesperson.
(j) Offer for sale, rent, or lease within this state a new manufactured home, mobilehome, or commercial coach whose manufacturer is not licensed under this part.
(k) To violate Section 798.71 or 798.74 of the Civil Code, or both.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1162, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 706, Stats. of 1983, eff. 9/11/83.)
(Amended by Ch. 199, Stats. of 1985, eff. 1/1/86.)
(Amended by Ch. 830, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 875, Stats. of 1989, eff. 1/1/90.)
(Amended by Ch. 689, Stats. of 1998, eff. 1/1/99)
18062.5. Coercion of dealer by manufacturer or distributor
It is unlawful for any manufacturer or distributor to coerce or attempt to coerce any dealer in this state to do any of the following:
(a) Order or accept delivery of any manufactured home, mobilehome, or commercial coach, part or accessory thereof, appliance, equipment or any other commodity not required by law which shall not have been voluntarily ordered by the dealer.
(b) Order or accept delivery of any manufactured home, mobilehome, or commercial coach with special features, appliances, accessories or equipment not included in the list price of the manufactured home, mobilehome, or commercial coach as publicly advertised by the manufacturer or distributor.
(c) Order for any person any parts, accessories, equipment, machinery, tools, appliances, or any commodity whatsoever.
(d) Participate in an advertising campaign or contest, any promotional campaign, promotional materials, training materials, showroom or other display decorations or materials at the sole expense of the dealer.
(e) Enter into any agreement with the manufacturer or distributor or to do any other act prejudicial to the dealer by threatening to cancel a franchise or any contractual agreement existing between the dealer and manufacturer or distributor. Notice in good faith to any dealer of the dealer's violation of any terms or provisions of the franchise or contractual agreement shall not constitute a violation of this section.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18062.8. Unlawful acts of manufacturer or distributor
It is unlawful for any manufacturer or distributor licensed under this part to do any of the following:
(a) Refuse or fail to deliver, in reasonable quantities and within a reasonable time after receipt of an order from a dealer having a franchise for the retail sale of any new manufactured home, mobilehome, or commercial coach sold or distributed by the manufacturer or distributor, any new manufactured home, mobilehome, or commercial coach or parts or accessories to new manufactured homes, mobilehomes, or commercial coaches that are covered by the franchise, if the mobilehome or commercial coach, parts or accessories are publicly advertised as being available for delivery or actually being delivered. This subdivision is not violated, however, if the failure is caused by acts or causes beyond the control of the manufacturer or distributor.
(b) Prevent or require or attempt to prevent or require, by contract or otherwise, any change in the capital structure of a dealership, if the dealer at all times meets any reasonable capital standards agreed to by the dealer and the manufacturer or distributor, and also provided that no change in capital structure shall cause a change in the principal management or have the effect of a sale of the franchise without the consent of the manufacturer or distributor.
(c) Prevent or require, or attempt to prevent or require, a dealer to change the executive management of a dealership, other than the principal dealership operator or operators, if the franchise was granted the dealer in reliance upon the personal qualifications of that person or persons.
(d) Prevent or require, or attempt to prevent or require, by contract or otherwise, any dealer, or any officer, partner, or stockholder of any dealership, to participate in the sale or transfer of any part of the interest of any of them to any other person or persons. No dealer, officer, partner, or stockholder shall, however, have the right to sell, transfer, or assign the franchise, or any right thereunder, without the consent of the manufacturer or distributor if the consent is not unreasonably withheld.
(e) Prevent, or attempt to prevent, a dealer from receiving fair and reasonable compensation for the value of the franchised business. There shall be no transfer or assignment of the dealer's franchise without the consent of the manufacturer or distributor, if the consent is not unreasonably withheld.
(f) Obtain money, goods, services, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and any other person, other than for compensation for services rendered, unless the benefit is promptly accounted for, and transmitted to, the dealer.
(g) Require a dealer to prospectively assent to a release, assignment, novation, waiver, or estoppel which would relieve any person from liability imposed by this part or to require any controversy between a dealer and a manufacturer or distributor to be referred to any person other than the department, if the referral would be binding on the dealer. This subdivision shall not, however, prohibit arbitration before an independent arbitrator.
(h) Increase prices of manufactured homes, mobilehomes, or commercial coaches that the dealer had ordered for private retail consumers prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a private retail consumer shall constitute evidence of each order. In the event of manufacturer price reductions, the amount of any reduction received by a dealer shall be passed on to the private retail consumer by the dealer if the retail price was negotiated on the basis of the previous higher price to the dealer. Price reductions shall apply to all manufactured homes, mobilehomes, and commercial coaches in the dealer's inventory which were subject to the price reduction. A price difference applicable to new model or series manufactured homes, mobilehomes, or commercial coaches at the time of the introduction of new models or series shall not be considered a price increase or price decrease. Price changes caused by either of the following shall not be subject to this subdivision:
(1) The addition to a manufactured home, mobilehome, or commercial coach of required or optional equipment pursuant to state or federal law.
(2) Revaluation of the United States dollar in the case of foreign-made manufactured homes, mobilehomes, or commercial coaches.
(i) Fail to pay to a dealer, within a reasonable time following receipt of a valid claim by a dealer thereof, any payment agreed to be made by the manufacturer or distributor to the dealer by reason of the fact that a new manufactured home, mobilehome, or commercial coach of a prior year model is in the dealer's inventory at the time of introduction of new model manufactured homes, mobilehomes, or commercial coaches. A manufacturer or distributor shall not authorize or enable any new model to be delivered by dealers at retail more than 30 days prior to the eligibility date of the model change allowance payment for prior year model manufactured homes, mobilehomes, or commercial coaches.
(j) Deny the surviving spouse or heirs designated by a deceased owner of a dealership, the opportunity to participate in the ownership of the dealership or successor dealership under a valid franchise for a reasonable time after the death of the owner.
(k) Offer any refunds or other types of inducements to any dealer or other person for the purchase of new manufactured homes, mobilehomes, or commercial coaches of a certain make and model to be sold to the state or any political subdivision thereof without making the same offer to all other dealers in the same make and model within the relevant market area.
(l) Employ a person as a distributor who has not been licensed pursuant to this chapter.
(m) Deny any dealer the right of free association with any other dealer for any lawful purpose.
(n) Compete with a dealer in the same make and model operating under an agreement or franchise from a manufacturer or distributor in the relevant market area. A manufacturer or distributor shall not, however, be deemed to be competing when operating a dealership either temporarily for a reasonable period, or in a bona fide retail operation that is for sale to any qualified independent person at a fair and reasonable price, or in a bona fide relationship in which an independent person has made a significant investment subject to loss in the dealership and can reasonably expect to acquire full ownership of the dealership on reasonable terms and conditions.
(o) Unfairly discriminate among its franchisees with respect to warranty reimbursement or authority granted its franchisees to make warranty adjustments with retail customers.
(p) Sell manufactured homes, mobilehomes, or commercial coaches to persons not licensed under this part for resale, except as authorized pursuant to Sections 18015.7 or 18062.9.
(q) Fail to exercise reasonable supervision over the activities of employees who negotiate or promote the sale of manufactured homes, mobilehomes, or commercial coaches.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1162, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 458, Stats. of 1993, eff. 1/1/94.)
(Amended by Ch. 185, Stats. of 1995, eff. 1/1/96.)
(Amended by Ch. 124, Stats. of 1996, eff. 1/1/97.)
18062.9. Manufactured home sales to a licensed contractor
A manufactured home manufacturer may sell a manufactured home, as defined in Section 18007, directly to a licensed California general building contractor, as defined in Section 7057 of the Business and Professions Code, when all of the following conditions are met:
(a) The sale is for five or more manufactured homes in a calendar year.
(b) The manufactured homes are delivered directly to a building site and installed on a foundation system in accordance with Section 18551.
(c) The manufactured homes are installed within a single subdivision, as defined in Section 66424 of the Government Code, consisting of five or more parcels, and therefore require a tentative and final map pursuant to Section 66426 of the Government Code.
(Added by Ch. 458, Stats. of 1993, eff. 1/1/94.)
18063. Unlawful acts of salesperson
It is unlawful for a salesperson to do any of the following:
(a) At the time of employment, not deliver to his *or her employing dealer his or her salesperson's license or 90-day certificate.
(b) Fail to report in writing to the department every change of residence within five days of the change.
(c) Act or attempt to act as a salesperson while not employed by a dealer. For purposes of this subdivision, "employment by a dealer" means employment reported to the department pursuant to subdivision (d) Section 18060.
(d) To violate Section 798.71 or 798.74 of the Civil Code, or both.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/30/84.)
(Amended by Ch. 830, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 875, Stats. of 1989, eff. 1/1/90.)
18063.5. (Repealed by Ch. 1162, Stats. of 1983, eff. 1/1/83.)
18063.8. (Repealed by Ch. 394, Stats. of 1996, eff. 1/1/97.)
18064. Temporary suspension of license
The department may, pending a hearing, temporarily suspend the license issued to a licensee for a period not to exceed 30 days if the director finds that the action is required in the public interest. In any such case, a hearing shall be held and a decision thereon issued within 30 days after notice of the temporary suspension.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18064.2. Order to desist and refrain; hearing
(a) If the director determines through an investigation that a person has engaged or is engaging in an activity which is a violation of this part, or which is a violation of a regulation of the department adopted for the purpose of implementing this part, and if the director finds that the action is required in the public interest, he or she may direct the person to desist and refrain from that activity by issuance of an order specifying the nature of the activity and the factual and legal basis for his or her determination. The respondent to whom the order is directed shall immediately, upon receipt of the order, cease the activity described in the order.
(b) The respondent may, within 30 days after service of the order to desist and refrain, file a written request for a hearing to contest the order.
(c) If a written request for hearing is received within 30 days of the date of service of the order, a hearing shall be held. The hearing shall be commenced within 30 days after receipt of respondent's request unless the respondent agrees to a postponement. If the hearing is not held and a decision rendered by the director within 30 days after receipt of respondent's request for a hearing, or the date to which continued with respondent's consent, the order shall be deemed rescinded.
(d) If a person served with an order issued pursuant to this section fails to file a written request for a hearing within 30 days from the date of service of the order, the order shall be deemed a final order of the director and shall not be subject to review by any court or agency.
(Added by Ch. 707, Stats. of 1987, eff. 1/1/88.)
18064.5. Stipulated penalty; compromise and settlement; agreements
(a) The director may, following the filing of an accusation against a licensee under this part and prior to conducting a hearing, exercise an option, with the consent of the licensee, to enter into and adopt a stipulated penalty whereby the licensee agrees to accept the terms and conditions of the penalty without hearing or appeal by any party thereto.
(b) Except when the accusation alleges injury to, or fraud against, the public or the state, the director may, following the filing of an accusation against a licensee or prior to adopting any recommendation resulting from a hearing, exercise an option, with the consent of the licensee, to impose and require the payment of a monetary penalty of a minimum and maximum amount for each violation alleged and stipulated to by the licensee, as established by a schedule under regulations adopted by the department and costs of investigation and prosecution, without further hearing or appeal, and without any other form of penalty against the licensee which may otherwise have been imposed for the same offense or offenses had the matter proceeded to hearing or had the director adopted the decision of the hearing officer.
(c) If the accusation alleges injury to, or fraud against, an individual purchaser or potential purchaser, the director may enter into an agreement pursuant to subdivision (b), but such a compromise and settlement shall include, in addition to the monetary penalty set forth by regulation, compensation for the injury or fraud, including all costs of investigation and prosecution.
(d) Each compromise settlement agreement and each monetary penalty agreement entered into pursuant to this section shall be signed by the respondent licensee, the director, and the accuser, or by their authorized representatives, and filed with the Office of Administrative Hearings, together with the department's notice of withdrawal of the accusation upon which the action was initiated if the compromise settlement agreement or monetary payment agreement is entered into before the hearing.
(e) Failure of the respondent to honor the terms and conditions of any agreement entered into under this section shall render the agreement null and void, and shall be cause for action pursuant to Section 18058 in the same manner as the department may have otherwise proceeded, notwithstanding the agreement.
(f) The amount of the penalty provided for in subdivision (b) shall not exceed five hundred dollars ($500) per violation and shall be based upon the nature of the violation and the seriousness of the violation against the purposes and provisions of this part.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18065. Automatic cancellation of licenses and permits
The licenses or permits provided for in this part shall be automatically canceled upon any of the following events:
(a) The abandonment of the established place of business of the licensee or the change thereof without notice to the department as provided in this part.
(b) The voluntary or involuntary surrender for any cause by the licensee of the license. However, the surrender or cessation of business by the licensee, or the suspension of the corporate charter of the licensee by the state, shall not prevent the filing of an accusation for revocation or suspension of the surrendered license as provided in Section 18058 or the department's decision that the license should be suspended or revoked. Furthermore, this determination may be considered in granting or refusing to grant any subsequent license authorized by this part to the licensee, copartner, or any officer, director, or stockholder of the prior licensee.
(c) Notification that the person designated as licensee has changed.
(d) Suspension or cancellation of the corporate charter of the licensee by the state.
(e) Failure of a licensee to file an application for renewal for the license or permit before the date of expiration of the current license or permit.
(f) Submittal of a check, draft, or money order to the department for a license or license renewal fees due the department which is thereafter dishonored or refused payment upon presentation and which fees and penalty are not thereafter paid by cash, money order, or cashier's check prior to the expiration of the license.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1528, Stats. of 1984, eff. 9/29/84.)
(Amended by Ch. 506, Stats. of 1991, eff. 1/1/92.)
18065.5. Authority to limit scope of revocation or suspension
The revocation or suspension of a license may be limited to one or more municipalities or counties or any other defined area, or may be revoked or suspended in a defined area only as to certain aspects of its business, or as to a specified licensee or licensees.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18066. Effect of suspension, expiration, or cancellation of license on right to file accusation for revocation or suspension
The suspension, expiration or cancellation of a license provided for in this part shall not prevent the filing of an accusation for the revocation or suspension of the suspended, expired, or canceled license as provided in Section 18058, and the department's decision that the license should be suspended or revoked. This determination may be considered in granting or refusing to grant any subsequent license authorized by this part to the licensee.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 506, Stats. of 1991, eff. 1/1/92.)
18066.1. to 18066.4. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18066.5. Refund of excess payment for transfer fees
If a purchaser of a manufactured home, mobilehome, or commercial coach pays to the dealer an amount for transfer of title of the manufactured home, mobilehome, or commercial coach, which amount is in excess of the actual fees due for the transfer, or which amount is in excess of the amount which has been paid, prior to the sale, by the dealer to the state in order to avoid penalties that would have accrued because of late payment of the fees, the dealer shall return the excess amount to the purchaser, whether or not the purchaser requests the return of the excess amount.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18066.6. to 18068. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18070. (Repealed by Ch. 40, Stats. of 1982, eff. 1/1/83.)
CHAPTER 7.5. MANUFACTURED HOME RECOVERY FUND
18070. Creation; purposes; investment income; appropriation
(a) (1) There is hereby created in the State Treasury the Manufactured Home Recovery Fund. The money in the fund shall be used only for the purposes of this chapter, including payment of the department's administrative costs incurred pursuant to this chapter. The department's costs may include any investigative costs incurred under this chapter, costs incurred to render a decision pursuant to Section 18070.3, and costs incurred in defending a decision on appeal.
(2) The Legislature finds and declares that the financial hardship endured by someone who is buying or selling a manufactured home for the purpose of using it for a primary residence is more profound than the hardship of someone who is selling or purchasing a manufactured home for investment purposes. It is, therefore, the intent of the Legislature in enacting this chapter that any claims for primary residences submitted, pursuant to this chapter, by a claimant for payment from the fund shall be given priority over claims submitted for investment purposes. The distinctions made in this chapter between claims made for personal residential purposes and claims made for investment purposes shall reflect the priorities set forth in this paragraph.
(b) The money in the fund may be invested pursuant to Chapter 3 (commencing with Section 16430) of Part 2 of Division 4 of Title 2 of the Government Code. All income derived from investments of the fund shall be returned to the fund by the Treasurer as the income is earned.
(c) Notwithstanding Section 13340 of the Government Code, the money in the fund is hereby continuously appropriated to make the payments and distributions required by this chapter.
(Added by Ch. 1442, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1206, Stats. of 1992, eff. 1/1/93.)
18070.1. Fees; dealers and salespersons
(a) On and after January 1, 1985, before a dealer's license is issued or renewed, each applicant shall pay a fee of two hundred fifty dollars ($250).
(b)(1) The fee required by subdivision (a) shall not be collected more than once. In addition, each dealer shall pay a fee of one hundred dollars ($100) for each additional business location operated by the dealer and for each new business location.
(2) In addition, before a salesperson's license is issued or renewed, each applicant shall pay a fee of twenty-five dollars ($25). This fee shall not be collected more than once.
(c) For each sale of a manufactured home reported to the department, a fee not to exceed ten dollars ($10) shall be collected by the department for deposit in the Manufactured Home Recovery Fund prior to the issuance of a new registration.
(Added by Ch. 1442, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1206, Stats. of 1992, eff. 1/1/93.)
18070.2. Time for collection of fees and filing of claims; date of sale; fee reductions and increases
(a) Fees for the establishment and operation of the Manufactured Home Recovery Fund shall be collected on or after January 1, 1985. Claims against the fund arising from sales which occur after January 1, 1985, may not be submitted to the department before January 1, 1986. For purposes of this section, the date of sale shall be either of the following:
(1) The date escrow closes for sales by dealers which are subject to Section 18035 or 18035.2.
(2) For all other sales, the date when the purchaser has paid the purchase price or, in lieu thereof, has signed a security agreement or purchase contract and has taken physical possession or delivery of the manufactured home.
(b) Notwithstanding any other provision of law, whenever the balance in the Manufactured Home Recovery Fund exceeds one million dollars ($1,000,000) on January 1 of any year, the department may reduce the fee provided for in subdivision (c) of Section 18070.1. The department may again increase the fee up to a maximum of ten dollars ($10) whenever the balance in the fund falls below one million dollars ($1,000,000).
(Added by Ch. 1442, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1289, Stats. of 1988, eff. 9/26/88.)
(Amended by Ch. 1206, Stats. of 1992, eff. 1/1/93.)
18070.3. Claims, payment; conditions; review; order and warrant
(a) When any person (1) who has purchased a manufactured home for a personal or family residential or investment purpose or (2) who has sold a manufactured home for a personal or family residential or investment purpose, obtains (A) a final judgment in any court of competent jurisdiction against any manufactured home dealer, salesperson, or other seller or purchaser, and the judgment is based on the grounds of failure to honor warranties or guarantees, or for fraud, or for willful misrepresentation of the kind or quality of the product sold or purchased, or for conversion, arising directly out of any transaction which occurs on or after January 1, 1985, the person, upon termination of all proceedings, including appeals, may file a claim with the department for an order directing payment out of the fund of the amount of actual and direct loss in the transaction.
(b) If any person either purchases a manufactured home used for a personal or family residential or investment purpose from, or sells a manufactured home used for a personal or family residential or investment purpose to, a licensee who is or has been the subject of a bankruptcy proceeding, the person may file a claim with the department for an order directing payment out of the fund of the actual and direct loss in the transaction based on the licensee's failure to honor warranties or guarantees, or for fraud, or for willful misrepresentation of the kind or quality of product purchased or sold, or for conversion, arising directly out of any transaction that occurs on or after January 1, 1985.
(c) No person applying for recovery from the fund shall apply for judgment on any bond issued prior to January 1, 1985.
(d) "Actual and direct loss," for purposes of this chapter, includes:
(1) The amount of the actual and direct loss, plus court costs and reasonable attorney fees incurred in pursuit of the judgment, not to exceed 15 percent of the amount of the judgment, if the claim is based on a judgment.
(2) Only the amount of the actual and direct loss, if the claim is not based on a judgment. (e) (1) The total amount of the claim shall not exceed the amount of actual and direct loss that remains unreimbursed from any source.
(2) The maximum payment ordered under this section, with respect to any one sales transaction on a new or used manufactured home, shall be the amount of the judgment plus attorney's fees or, in the case of a bankrupt licensee, the amount of the actual and direct loss, as determined by the department based on information in the possession of the department and information provided by the claimant or claimants. In no event shall the actual payments exceed forty thousand dollars ($40,000).
(3) Notwithstanding any other provision of this chapter, a person who purchases or sells a manufactured home for an investment purpose may receive payment from the fund for that purpose only once. A person who has received payment from the fund for the purchase or sale of a manufactured home for an investment purpose shall henceforth be ineligible to make a claim under this chapter, either as a natural person or as a member of a partnership, as an officer or director of a corporation, as a member of a marital community, or in any other capacity.
(f) For the purposes of this chapter:
(1) "Claimant" does not include a person holding a lien on, or a person possessing a secondary interest in, a manufactured home.
(2) "Conversion" means the unlawful appropriation of the property of another.
(g) Prior to payment of any claim against the fund, the claimant or claimants shall have first:
(1) If the claim is based on a final judgment, executed judgment against all the assets of the judgment debtor or presented evidence satisfactory to the department that the debtor is judgment proof.
(2) If the claim is not based on a final judgment, presented evidence satisfactory to the department that the licensee is or has been the subject of bankruptcy proceedings and, for purposes of any civil litigation or claims in bankruptcy proceedings, has assigned to the department any interest in the actual and direct loss described in subdivision (d) in the amount that the claimant or claimants recover from the fund.
(h) A claim against the fund shall be filed with the department in accordance with the following:
(1) If the claim is based on a final judgment, within one year from the date of the judgment.
(2) If the claim is not based on a final judgment, within one year from the termination of bankruptcy proceedings or one year from the date of sale as determined by subdivision (a) of Section 18070.2, whichever event occurs later.
(i) When any person files a claim for an order directing payment from the fund, the department shall conduct a review of the application and other pertinent information in its possession, and it may issue an order directing payment out of the fund as provided in subdivisions (a) to (h), inclusive, subject to the limitations of subdivisions (a) to (h), inclusive, if the claimant or claimants show all of the following:
(1) That he or she is not a spouse of the judgment debtor, the bankrupt licensee, or a person representing the spouse.
(2) That he or she is making an application within the time specified in subdivision (h).
(3) That the claimant has satisfied the applicable requirements of subdivision (g).
(4) That, if the claimant is a seller of a manufactured home used by the seller for personal, family, or household purposes, the claimant made a good faith effort to adequately secure the debt resulting from the sale of the manufactured home and with respect to which the claim is made. For purposes of this paragraph, a good faith effort to secure the debt may be demonstrated by, but shall not be limited to, providing the department with a promissory note signed by the debtor and which, pursuant to the terms thereof, is secured by collateral with a reasonable value at least equal to the debt evidenced by the promissory note.
(j) Upon an order of the department directing that payment be made out of the fund, the Controller is authorized to draw a warrant for the payment of the amount of the claim approved by the department pursuant to this section.
(k) In dispersing moneys from the fund, the department is authorized to give priority to claimants who have attempted to purchase or sell a manufactured home for a personal or family residential purpose.
(l) Prior to July 1, 1995, the department shall completely process and render determinations upon all claims to the fund that were received by the department prior to January 1, 1993. All claims to the fund that are received on or after January 1, 1993, shall be processed, and a determination made, within one year of the original date of application.
(m) The department, upon request by a Member of the Legislature, shall provide the following information: the number of claims to the fund, number of claims processed and decided within one year of their application date, the amount of fund money paid to claimants, and the amount of fund money allocated for the department's costs.
(Added by Ch. 1442, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1289, Stats. of 1988, eff. 9/24/88.)
(Amended by Ch. 1285, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 1144, Stats. of 1989, eff. 9/30/89.)
(Amended by Ch. 1206, Stats. of 1992, eff. 1/1/93.)
18070.4. Liability of judgment debtor; effect of discharge in bankruptcy
The judgment debtor shall be liable for repayment in full for the amount arising from claims against the debtor which are paid from the fund, with interest at the prevailing prime rate. A discharge in bankruptcy shall not relieve a person from the disabilities and penalties of this section.
(Added by Ch. 1442, Stats. of 1984, eff. 1/1/85.)
18070.5. Subrogation of department to rights of judgment creditor
When the department has caused payment to be made from the fund to a judgment creditor, the department shall be subrogated to the rights of the judgment creditor.
(Added by Ch. 1442, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1285, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 689, Stats. of 1998, eff. 1/1/99)
18070.6. (Repealed by Ch. 1206, Stats. of 1992, eff. 1/1/93.)
CHAPTER 8. REGISTRATION AND TITLING OF
MANUFACTURED HOMES, MOBILEHOMES AND COMMERCIAL COACHES
ARTICLE 1. APPLICATION AND SCOPE
18075. Applicability; regulations; fee schedule
(a) Except as provided in Section 18075.7, all manufactured homes, mobilehomes, commercial coaches, truck campers, and floating homes shall be subject to the provisions of this code for the purposes of titling and registration.
(b) The department may adopt and amend, as necessary, regulations to implement, interpret, and make specific the provisions of this chapter. The department shall provide for an orderly and economical transfer of registrations and titles for manufactured homes, mobilehomes, commercial coaches, and floating homes previously issued by the Department of Motor Vehicles to those issued by the department. Any registration, title, or decal issued by the Department of Motor Vehicles shall be valid until renewed, replaced, transferred, suspended, or revoked.
(c) The department may, but shall not be required to, establish a schedule of fees to pay the costs of work related to administration and enforcement of this chapter, except where the fees are expressly stated herein.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18075.1., 18075.2. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18075.5. Annual registration; exceptions; regulations
Manufactured homes, mobilehomes, commercial coaches, and floating homes sold or used within this state shall be subject to annual registration with the department and payment of registration fees prescribed by Section 18114 except as follows:
(a) Manufactured homes, mobilehomes, and floating homes subject to local property taxation pursuant to Part 13 (commencing with Section 5800) of Division 1 of the Revenue and Taxation Code, and not installed on foundation systems pursuant to Section 18551, shall be subject to registration and payment of fees and penalties prescribed by Section 18114 at the time of original registration with the department, and upon subsequent sale, resale, or transfer of title. For purposes of this section, a transfer of title includes, but is not limited to, any change, addition, or deletion of one or more registered owners, legal owners, or junior lienholders.
(b) Manufactured homes, mobilehomes, and commercial coaches installed or to be installed on foundation systems pursuant to Section 18551 shall be exempt from registration so long as they remain affixed to the foundation system. In the event that the manufactured home, mobilehome, or commercial coach, is removed from a foundation system for any purpose other than dismantling or reinstallation on a foundation system, it shall be immediately subject to registration with the department.
(c) Except as otherwise provided in subdivisions (d) and (e), registration of a manufactured home, mobilehome, or commercial coach previously registered in another state is due 20 days after the date of entry into California and is delinquent if application is not made and any fees due are not paid within 40 days after that date of entry.
(d) Any member of the armed forces, whether a resident or nonresident, shall also be entitled to exemption from registration with respect to a manufactured home or mobilehome owned by the person upon which there is displayed a valid registration issued for the manufactured home or mobilehome by the owner's home state of residence or by a foreign jurisdiction where the owner was regularly assigned and stationed for duty by competent military orders at the time the registration was issued. Competent military orders shall not include military orders for leave, for temporary duty, nor for any other assignment of any nature requiring the owner's presence outside the foreign jurisdiction where the owner was regularly assigned and stationed for duty.
(e) Any person who enters California for the purpose of establishing or reestablishing residence or accepting gainful employment following his or her discharge from the armed forces of this country may occupy a manufactured home or mobilehome owned by that person at the time of his or her discharge and registered to him or her in a foreign jurisdiction where his or her military orders required his or her presence without registering the manufactured home or mobilehome in this state until the expiration of the registration period current at the time of his or her discharge and entrance into California.
(f) Any new and previously unregistered, unoccupied manufactured home, mobilehome, or commercial coach which is part of an inventory held for sale by a manufacturer or dealer in the course of business.
The department may adopt regulations for exempting additional classes of manufactured homes, mobilehomes, and commercial coaches from registration under a temporary or one-trip permit system which permits the lawful transportation and use of manufactured homes, mobilehomes, and commercial coaches not otherwise subject to registration.
(g) Floating homes, which are subject to local property taxation, as prescribed by Section 229 of the Revenue and Taxation Code, shall be subject to registration at the time of sale and upon any subsequent sale, resale, or transfer of title. Floating homes are subject to the fees prescribed by subdivision (c) of Section 18114 upon registration or reregistration.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1216, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 199, Stats. of 1985, eff. 1/1/86.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 383, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 799, Stats. of 1996, eff. 1/1/97.)
18075.55. Floating homes; registration and titling; definition
(a) Floating homes subject to real property taxation pursuant to Section 229 of the Revenue and Taxation Code shall be subject to registration and titling by the department only at the time of sale, resale, or transfer of title.
(b) Ownership registration and title to a floating home may be held by two or more co-owners in the manner specified in Sections 18080 and 18081.
(c) Upon receipt of a registration card, every registered owner shall maintain the card or a copy thereof with the floating home for which it is issued.
(d) "Floating home," as used in this section, means a floating structure which is all of the following:
(1) It is designed and built to be used, or is modified to be used, as a stationary waterborne residential dwelling.
(2) It has no mode of power of its own.
(3) It is dependent for utilities upon a continuous utility linkage to a source originating on shore.
(4) It has a permanent continuous hookup to a shoreside sewage system.
This section does not affect existing law regarding residential use of tide and submerged lands.
(Added by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18075.6. Use as office by manufacturers, distributors or dealers; registration; report
Unless installed on a foundation system pursuant to Section 18551, any manufactured home, mobilehome, or commercial coach used as an office at a manufacturer's, distributor's, or dealer's established place of business is subject to registration by the department and shall be reported pursuant to Section 18080.5.
(Added by Ch. 199, Stats. of 1985, eff. 1/1/86.)
(Amended by Ch. 765, Stats. of 1990, eff. 1/1/91.)
18075.7. Registration of truck campers; exemption
On and after January 1, 1986, every truck camper may, at the owner's request, be registered with the department at the time of sale, resale, or transfer of title. The department shall issue certificates of title and registration cards for any truck camper registered under this part.
Any truck camper permanently attached to a vehicle and registered as a "house car" under the Vehicle Code is exempt under this part.
(Added by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18076. Manufactured homes, mobilehomes, commercial coaches, and truck campers owned or leased by government entities; registration; exemption from fees
(a) Manufactured homes, mobilehomes, commercial coaches, or truck campers owned or leased by the United States, by any foreign government, by a consul or other official representative or any foreign government, by the state, by a political subdivision of the state, or by any city, county, or city and county, or public corporation shall be subject to registration under this code by the person having custody thereof, but shall not be subject to the registration fees specified in this code or the Revenue and Taxation Code, and that person shall display upon the manufactured home, mobilehome, commercial coach, or truck camper a decal bearing distinguishing marks or symbols which shall be furnished by the department free of charge.
(b) Any manufactured home, mobilehome, or commercial coach purchased by a city, county, city and county, or any other public agency pursuant to the exception established in Section 18015.7 shall be subject to registration as specified in Section 18085, but shall not be subject to the registration fees specified in this code or the Revenue and Taxation Code. Application for registration shall be made to the department within 20 days from the date the transaction is completed. For purposes of this section, a transaction shall be deemed completed when the purchaser has signed a purchase contract or security agreement or paid any purchase price and has taken physical possession or delivery of the manufactured home, mobilehome, or commercial coach.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 185, Stats. of 1995, eff. 1/1/96.)
18076.5. Administration of licensing and taxation; exceptions
Commencing July 1, 1981, the department shall administer the annual licensing and taxation of all manufactured homes and mobilehomes not subject to local property taxation pursuant to Part 13 (commencing with Section 5800) of Division 1 of the Revenue and Taxation Code and not installed on a foundation system pursuant to Section 18551, and all commercial coaches.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18077. License fees collected shall be deposited in the state treasury to the credit of the general fund
All manufactured home, mobilehome, or commercial coach license fees collected by the department pursuant to Section 18115 shall be deposited in the State Treasury to the credit of the General Fund.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 699, Stats. of 1992, eff. 1/1/93.)
18077.1. to 18077.4. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18077.5. Report to county auditors; time of report to controller
On or after the first day of January and the first day of July of each year, the department shall report to the auditor of each county the address at which each manufactured home, mobilehome, or commercial coach has situs within the county on which license fees under this article have been paid to the department during the six-month period immediately preceding January 1st and July 1st, respectively, and the amount paid on each manufactured home, mobilehome, or commercial coach.
At the time the department reports to the county auditors, it shall also report to the Controller the information described in the preceding paragraph, or a summary thereof, for each of the counties.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18078. (Repealed by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18078.1. to 18078.7. (Repealed by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18079. Property tax postponement program
The department shall implement property tax postponement programs on behalf of eligible mobilehome owners, as provided by law.
(Added by Ch. 1051, Stats. of 1983, eff. 1/1/84.)
ARTICLE 2. GENERAL DEFINITIONS AND REQUIREMENTS
18080. Coownership
Ownership registration and title to a manufactured home, mobilehome, commercial coach, or truck camper, or floating home subject to registration may be held by two or more coowners as follows:
(a) A manufactured home, mobilehome, commercial coach, truck camper, or floating home may be registered in the names of two or more persons as joint tenants. Upon the death of a joint tenant, the interest of the decedent shall pass to the survivor or survivors. The signature of each joint tenant or survivor or survivors, as the case may be, shall be required to transfer or encumber the title to the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(b) A manufactured home, mobilehome, commercial coach, truck camper, or floating home may be registered in the names of two or more persons as tenants in common. If the names of the tenants in common are separated by the word "and", each tenant in common may transfer his or her individual interest in the manufactured home, mobilehome, commercial coach, truck camper, or floating home without the signature of the other tenant or tenants in common. However, the signature of each tenant in common shall be required to transfer full interest in the title to a new registered owner. If the names of the tenants in common are separated by the word "or", any one of the tenants in common may transfer full interest in the title to the manufactured home, mobilehome, commercial coach, truck camper, or floating home to a new registered owner without the signature of the other tenant or tenants in common. The signature of each tenant in common is required in all cases to encumber the title to the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(c) A manufactured home, mobilehome, or commercial coach, truck camper, or floating home may be registered as community property in the names of a husband and wife. The signature of each spouse shall be required to transfer or encumber the title to the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(d) All manufactured homes, mobilehomes, commercial coaches, truck campers, and floating homes registered, on or before January 1, 1985, in the names of two or more persons as tenants in common, as provided in subdivision (b), shall be considered to be the same as if the names of the tenants in common were separated by the word "or," as provided in subdivision (b).
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1346, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18080.1. Registration; name in which held
The registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home may be held in the name of a company, an estate, a trusteeship, a conservatorship, a guardianship, or an individual owner's name, as follows:
(a) In the case of an individual owner, the manufactured home, mobilehome, commercial coach, truck camper, or floating home shall be registered in the true name of the individual owner only. Complimentary or professional titles may be added to the true name only if the individual is commonly addressed by that title.
(b) In the case of a trusteeship or guardianship, the manufactured home, mobilehome, commercial coach, truck camper, or floating home shall be registered in the name of the person or persons designated as the trustees or conservators or guardians, as evidenced by documentation of that status deemed adequate by the department. The name shall be followed by the word "trustee," "guardian," or "conservator," whichever is appropriate. Transfer of ownership or encumbrance of a manufactured home, mobilehome, commercial coach, truck camper, or floating home so registered shall require the signatures of all designated trustees, conservators, or guardians.
(c) In the case of a manufactured home, mobilehome, commercial coach, truck camper, or floating home registered in the name of a company, the application for registration shall be countersigned by an officer or authorized agent of the company. Transfer of ownership or encumbrance of a manufactured home, mobilehome, commercial coach, truck camper, or floating home so registered shall require the signature of an officer or authorized agent of the company.
(d) In the case of a manufactured home, mobilehome, commercial coach, truck camper, or floating home registered to an estate, the application for registration shall be signed by the appointed executor or administrator of the estate as evidenced by appropriate documentation of that status deemed adequate by the department. Transfer of ownership or encumbrance of a manufactured home, mobilehome, commercial coach, truck camper, or floating home so registered shall require the signature of the appointed executor or administrator.
(Added by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18080.2. Registration held in beneficiary form
(a) Ownership registration and title to a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration may be held in beneficiary form that includes a direction to transfer ownership of the manufactured home, mobilehome, commercial coach, truck camper, or floating home to a designated beneficiary on death of the owner if both of the following requirements are satisfied:
(l) Only one owner is designated.
(2) Only one TOD beneficiary is designated.
(b) Ownership registration and title issued in beneficiary form shall include, after the name of the owner, the words "transfer on death to" or the abbreviation "TOD" followed by the name of the beneficiary.
(c) During the lifetime of the owner, the signature or consent of the beneficiary is not required for any transaction relating to the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which ownership registration and title in beneficiary form has been issued.
(d) The fee for transfer of title of a mobilehome to a TOD beneficiary is twenty-five dollars ($25).
(e) The fee for registering ownership of a manufactured home, mobilehome, commercial coach, truck camper, or floating home in beneficiary form is twenty-five dollars ($25).
(Added by Ch. 1055, Stats. of 1991, eff. 1/1/92, operative 1/1/94.)
18080.3. Sections of manufactured homes and mobilehomes as single unit
(a) For the purposes of registration of manufactured homes and mobilehomes pursuant to this chapter, a manufactured home or mobilehome shall include as a single unit with one registration, two or more sections that are manufactured, fabricated, or altered for use as a single manufactured home or mobilehome.
(b) Each transportable section of a commercial coach shall be registered and titled separately.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18080.4. Registration cards; maintaining with property
(a) Every registered owner, upon receipt of a registration card, shall maintain the card or a copy thereof with the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which it is issued.
(b) This section does not apply when a registration card is necessarily removed from the manufactured home, mobilehome, commercial coach, truck camper, or floating home for the purpose of application for renewal, amendment, or transfer of registration.
(Added by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 383, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 686, Stats. of 1992, eff. 1/1/93.)
18080.5. Report of sale, lease, or rental form; submittal for dealer transactions;
terms and conditions; notice of transfer; completion and consummation
of transaction
(a) A numbered report of sale, lease, or rental form issued by the department shall be submitted each time the following transactions occur by or through a dealer:
(1) Whenever a manufactured home, mobilehome or commercial coach previously registered pursuant to this part is sold, leased with an option to buy, or otherwise transferred. (2) Whenever a manufactured home, mobilehome or commercial coach not previously registered in this state is sold, rented, leased, leased with an option to buy, or otherwise transferred.
(b) The numbered report of sale, lease, or rental forms shall be used and distributed in accordance with the following terms and conditions:
(1) A copy of the form shall be delivered to the purchaser.
(2) All fees and penalties due for the transaction that were required to be reported with the report of sale, lease, or rental form shall be paid to the department within 10 calendar days from the date the transaction is completed, as specified by subdivision (e). Penalties due for noncompliance with this paragraph shall be paid by the dealer. The dealer shall not charge the consumer for those penalties.
(3) Notice of the registration or transfer of a manufactured home or mobilehome shall be reported pursuant to subdivision (d).
(4) The original report of sale, lease, or rental form, together with all required documents to report the transaction or make application to register or transfer a manufactured home, mobilehome, or commercial coach, shall be forwarded to the department. Any application shall be submitted within 10 calendar days from the date the transaction was required to be reported, as defined by subdivision (e).
(c) A manufactured home, mobilehome, or commercial coach displaying a copy of the report of sale, lease, or rental may be occupied without registration decals or registration card until the registration decals and registration card are received by the purchaser.
(d) In addition to the other requirements of this section, every dealer upon transferring by sale, lease, or otherwise any manufactured home or mobilehome shall, not later than the 10th calendar day thereafter, not counting the date of sale, give written notice of the transfer to the assessor of the county where the manufactured home or mobilehome is to be installed. The written notice shall be upon forms provided by the department containing any information that the department may require, after consultation with the assessors. Filing of a copy of the notice with the assessor in accordance with this section shall be in lieu of filing a change of ownership statement pursuant to Sections 480 and 482 of the Revenue and Taxation Code.
(e) For the purposes of this section, a transaction by or through a dealer shall be deemed completed and consummated and any fees and the required report of sale, lease, or rental is due when any of the following occurs:
(1) The purchaser of any commercial coach has signed a purchase contract or security agreement or paid any purchase price, the lessee of a new commercial coach has signed a lease agreement or lease with an option to buy or paid any purchase price, or the lessee of a used commercial coach has either signed a lease with an option to buy or paid any purchase price, and the purchaser or lessee has taken physical possession or delivery of the commercial coach.
(2) For sales subject to Section 18035, when all the amounts other than escrow fees and amounts for uninstalled or undelivered accessories are disbursed from the escrow account.
(3) For sales subject to Section 18035.2, when the installation has been completed and a certificate of occupancy has been issued.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 765, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18080.6. Registration cards issued shall be in two parts
(a) Registration cards issued to owners of manufactured homes and mobilehomes shall be in two parts. One part shall be retained in the vehicle as required by Section 18080.4 and, if the manufactured home or mobilehome is located in a mobilehome park, the other part of the registration card shall be submitted to the operator of the mobilehome park. The two parts of the registration form shall contain identical registration information, except that the part to be filed with the mobilehome park operator shall bear the following notation:
"Duplicate copy to be filed with the mobilehome park operator as required by law." (b) This section shall remain in effect only until January 1, 1995, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1995, deletes or extends that date.
(Added by Ch. 686, Stats. of 1992, eff. 1/1/93.)
18080.7. Security interests; forwarding documentation; perfection; permanent title record; issuance of registration card; law governing
(a) Each person acquiring or retaining a security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part, unless the collateral is inventory, shall forward or cause to be forwarded to the department the application for original registration contemplated by Section 18085 with respect to a security interest acquired or retained at or before original registration, or the certificate of title or current registration card with appropriate insertions and signatures as respectively contemplated by Section 18100.5 with respect to a security interest acquired or retained at a time subsequent to original registration, together with the filing fee prescribed by department regulations.
(b) A security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part, unless the collateral is inventory, is perfected when it has attached as contemplated by subdivision (a) and by subdivision (2) of Section 9203 of the Commercial Code and when the department has received the items required by subdivision (a), whichever occurs later, except as otherwise provided by Section 9305 of the Commercial Code. The department may adopt regulations authorizing its acceptance of a statement of lien by means of electronic facsimile. If the department adopts these regulations, a security interest may also be perfected when it has attached and when the department has received the electronic facsimile, whichever occurs later, subject to the receipt by the department of the items required by subdivision (a), other that the fee, within 10 days of the date of its receipt of the electronic facsimile, provided that the fee required by subdivision (a) is paid in a timely fashion pursuant to these regulations.
(c) Except as otherwise provided in subdivision (b) of Section 18100.5, upon receipt of the items required by subdivision (a), the department shall establish or amend the permanent title record of the manufactured home, mobilehome, commercial coach, truck camper, or floating home to reflect the interest of the secured party as of that date or, if within the preceding 10-day period the department has received an electronic facsimile of the statement of lien, as of the date of receipt of the electronic facsimile, provided that the fee required by subdivision (a) is paid in a timely fashion and the department actually receives the statement of lien within 10 days of its receipt of the electronic facsimile.
(d) Upon establishing or amending the permanent title record, the department shall issue to the registered owner a current registration card indicating the interest of the secured party and shall forward a copy of that registration card to all persons holding a record security interest in the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(e) Except as otherwise provided in subdivision (b) of Section 18100.5, the department shall not refuse to establish or amend the permanent title record to indicate a security interest which is authorized by law to be recorded and which would otherwise satisfy statutory requirements for departmental documentation and recordation on the basis of lack of knowledge as to the attachment of the security interest prior to its receipt of the statement of lien or an electronic facsimile thereof.
(f) The department shall designate the holder of a perfected security interest as either the legal owner or a junior lienholder as provided in this article, Article 3 (commencing with Section 18085), or Article 4 (commencing with Section 18098), as applicable.
(g) The failure of a secured party to perfect a security interest for which there has been attachment shall not impair or affect in any way its enforceability against the registered owner or debtor with respect to the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(h) Except as otherwise provided in this part, a security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration with the department is governed by Division 9 (commencing with Section 9101) of the Commercial Code.
(Added by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18080.9. Mobilehomes: final money judgment.
(a) An owner of a mobilehome park who obtains a final money judgment for unpaid rent against the registered owner of a manufactured home or mobilehome registered with the department may, subject to subdivision (b), perfect a lien against the manufactured home or mobilehome pursuant to Section 18080.7 by filing a form prescribed by the department. The priority of the lien shall be determined in accordance with Article 3 (commencing with Section 18085) and Article 4 (commencing with Section 18098). For purposes of a sale conducted pursuant to Section 18037.5, an owner of a mobilehome park filing a lien pursuant to this section shall be treated as a junior lienholder.
(b) Notwithstanding any other provision of law, the department shall accept, for the purposes of the perfection of a lien pursuant to this section, a certified copy of either the final money judgment or an abstract of the final money judgment in lieu of the certificate of title, registration card, or signatures otherwise required by subdivision (a) of Section 18080.7.
(c) Upon satisfaction of the final money judgment, a lien perfected pursuant to this section shall be released in accordance with Section 18100.5.
(d) A lien created pursuant to this section shall not be subject to execution, pursuant to Chapter 3 (commencing with Section 699.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure or in any other manner.
(e) If the final money judgment for unpaid rent against a registered owner covers any portion of the period for which a legal owner or junior lienholder is required to pay past due obligations of the registered owner pursuant to Section 798.56a of the Civil Code, the amount of the lien created by this section shall be reduced by the amount required to be paid by the legal owner or junior lienholder pursuant to Section 798.56a of the Civil Code.
(f) A surrender of ownership interest by the registered owner of a mobilehome or manufactured home to the legal owner shall operate as a matter of law to divest the registered owner of any claim to possession or title to the mobilehome or manufactured home and shall be effective upon acceptance of that surrender by the legal owner. Any judgment lien filed pursuant to this section on a mobilehome or manufactured home that is thereafter surrendered to the legal owner shall be extinguished by any of the following:
(1) If the proceeds of the sale of the surrendered mobilehome or manufactured home by the legal owner to a third party after the surrender is effective are not sufficient to satisfy the amount due to the legal owner by the registered owner under a security agreement, promissory note, or other debt instrument secured by the mobilehome or manufactured home.
(2) If the proceeds of the sale of the surrendered mobilehome or manufactured home by the legal owner to a third party after the surrender is effective are sufficient to satisfy the amount due the legal owner by the registered owner under a security agreement, promissory note, or other debt instrument secured by the mobilehome or manufactured home, but there are no surplus funds available for payment to the junior lienholder.
(3) Upon payment of any surplus proceeds owed to the junior lienholder if the proceeds of the sale of the surrendered mobilehome or manufactured home by the legal owner to a third party after the surrender is effective exceed the amount due to the legal owner from the registered owner under the security agreement, promissory note, or other debt instrument secured by the mobilehome or manufactured home.
(g) The completion of a foreclosure on a mobilehome or manufactured home pursuant to the provisions of Section 18037.5 shall divest the registered owner of title to the mobilehome or manufactured home by operation of law. The foreclosure shall (A) make of any judgment lien created pursuant to this section invalid and unenforceable, and (B) extinguish and bar any levy upon a judgment lien perfected pursuant to this section. Except to the extent that surplus proceeds from the foreclosure sale were paid to the judgment creditor under the judgment lien perfected pursuant to this section, nothing in this subdivision shall be deemed to extinguish, satisfy, or reduce in any way the final money judgment owed by the former registered owner for unpaid rent.
(h) If the money judgment has been satisfied and the judgment creditor fails without just cause to comply with Section 18100.5 within 20 days from the date the judgment creditor's lien is satisfied, the judgment creditor is liable for all damages sustained by reason of that failure and shall also forfeit one hundred dollars ($100) to the person who sustained those damages. In any action to enforce this provision, the court shall award reasonable attorney's fees to the prevailing party. Where the prevailing party is someone other than the judgment creditor, the court shall order the department to remove the lien from the manufactured home or mobilehome record. A copy of the court order may be submitted to the department as evidence that the judgment creditor's lien has been satisfied.
(Added by Ch. 446, Stats. of 1995, eff. 1/1/96.)
(Amended by Ch. 124, Stats of 1996, eff. 1/1/97.)
18081. Information on current registration and title status; confidentiality of home address
(a) Any person may request, and the department shall furnish, information regarding the current registration and title status of a manufactured home, mobilehome, commercial coach, truck camper, or floating home. The department shall provide forms for these requests, shall establish a standard format for providing the information, and may charge fees to pay the cost of furnishing this information.
(b) Upon receipt of a properly executed request for information and the payment of prescribed fees, the department shall provide the information within five working days by first-class mail to the address indicated on the request. The department may adopt procedures for providing the information by electronic facsimile in addition to mailing that information.
(c) Notwithstanding subdivisions (a) and (b), the home address of the registered owner appearing in the information on current registration and title status maintained by the department is confidential if the owner requests confidentiality of that information, and shall not be disclosed to any person, except a court, a law enforcement agency, the State Board of Equalization, or any governmental agency to which, under any provision of law, information is required to be furnished from records maintained by the department.
(d) The owner requesting confidentiality of his or her home address shall provide the department with a mailing address which is not confidential, which will be open to public inspection, and which may be used for mailings by the department. The owner requesting confidentiality shall declare to the department, under penalty of perjury, that the address provided is a valid, existing and accurate mailing address and shall consent to receive service of process pursuant to subdivision (b) of Section 415.20 and subdivision (a) of Section 415.30 and Section 416.90 of the Code of Civil Procedure at the address.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 1213, Stats. of 1989, eff. 1/1/90.)
(Amended by Ch. 765, Stats. of 1990, eff. 1/1/91.)
18081.3. Bulk information on registration and title status
(a) Notwithstanding the provisions of Section 18081 or any other provision of law, the department may, for statistical or commercial purposes and upon payment of fees prescribed by the department, provide bulk information regarding the registration and title status of manufactured homes, mobilehomes, commercial coaches, truck campers, and floating homes. (b) For the purpose of this section, bulk information includes all or part of the information maintained by the department in its registration and title master file data base, except the name or names of the registered owner of the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(Added by Ch. 493, Stats. of 1990, eff. 8/10/90.)
18081.5. Manufactured home, mobilehome, or floating home, report of transfer to assessor
The transferee of a manufactured home, mobilehome, or floating home subject to local property taxation shall report the change in ownership information to the assessor in the county where the manufactured home, mobilehome, or floating home is sited, as provided in Article 2.5 (commencing with Section 480) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code, unless it is reported pursuant to subdivision (d) of Section 18080.5.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 765, Stats. of 1990, eff. 1/1/91.)
18082. (Repealed by Ch. 1124, Stats. of 1983, operative 7/1/84.)
18083. (Repealed by Ch. 1760, Stats. of 1984, eff. 10/1/84.)
18084. (Repealed by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18084.7. Registration and titling and taxation prior to original registration
Manufactured homes, mobilehomes, and commercial coaches shall not be subject to registration or titling under this part or to Part 13 (commencing with Section 5800) of Division 1 of the Revenue and Taxation Code prior to the original registration of the manufactured home, mobilehome, or commercial coach. Upon original registration and issuance of title, whether in the name of a consumer, a dealership, or some other party, the manufactured home, mobilehome, or commercial coach thereafter is subject to all registration and titling requirements of this part and to the provisions of Part 13 (commencing with Section 5800) of Division 1 of the Revenue and Taxation Code.
(Added by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
ARTICLE 3. APPLICATIONS FOR ORIGINAL REGISTRATION AND TITLE
18085. Application; procedure; form and contents
(a) Application for the original registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home required to be registered under this part shall be made to the department upon the appropriate forms approved by the department, and shall be accompanied by the filing fee prescribed by the department. If the application is for the original registration of a manufactured home, mobilehome, or commercial coach, or of a truck camper manufactured on or after January 1, 1986, the application shall include the original manufacturer's certificate of origin in the form prescribed by Sections 18093 and 18093.5. If the original certificate of origin is not in existence, a duplicate thereof shall be obtained from the manufacturer and submitted with the application for original registration. Any duplicate copy shall be conspicuously marked by the manufacturer as a duplicate copy.
(b) The application shall include, but not be limited to, all of the following:
(1) The true name and mailing address of the registered owner, the legal owner, if any, and junior lienholders, if any.
(2) The name of the county in which the registered owner resides.
(3) The situs address of the manufactured home, mobilehome, or commercial coach, or the residence address of a truck camper owner, or floating home owner to include the county of residence.
(4) A description of the manufactured home, mobilehome, commercial coach, truck camper, or floating home, including all of the following:
(A) The manufacturer's name and identification number.
(B) The date of manufacture.
(C) The serial number or numbers.
(D) The federal label number or numbers affixed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq.) or department insignia number or numbers affixed pursuant to Section 18026.
(E) The date first sold or leased to a purchaser or lessee for purposes other than resale.
(F) Any other information as may be reasonably required by the department to enable it to determine whether the manufactured home, mobilehome, commercial coach, truck camper, or floating home is lawfully entitled to registration.
(c) If the application is for a floating home or a truck camper for which no certificate of origin has been issued pursuant to Section 18093.5, other evidence of ownership may be accepted at the sole discretion of the department in lieu of the manufacturer's certificate of origin.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 40, Stats. of 1982, eff. 2/17/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18085.5. Necessity that manufactured home, mobilehome, commercial coach, truck camper or floating home be in state
The department shall not accept an application for the original registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home unless the manufactured home, mobilehome, commercial coach, truck camper, or floating home at the time of application is within the state or unless the provisions of this part have been complied with.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
18086. Manufactured home, mobilehome, commercial coach, or truck camper not within state; refund of fees
The department may accept an application for registration of a manufactured home, mobilehome, commercial coach, or truck camper which is not within the state, but which is to be registered to a resident of this state, at the time all documents and fees, as determined by the department in accordance with the provisions of this chapter, are submitted to the department. Any fees submitted pursuant to this section shall not be subject to refund based upon the fact that the manufactured home, mobilehome, commercial coach, or truck camper is not and has not been within this state.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18086.5. Undertaking or bond; right of action; liability of surety; return or surrender
(a) In the absence of the regularly required supporting evidence of ownership and upon application for registration or transfer of a manufactured home, mobilehome, commercial coach, truck camper, or floating home the department may accept an undertaking or bond which shall be conditioned to protect the department and all officers and employees thereof and any subsequent purchaser of the manufactured home, mobilehome, commercial coach, truck camper, or floating home, any person acquiring a lien or security interest thereon, or the successor in interest of that purchaser or that person against any loss or damage on account of any defect in or undisclosed claim upon the right, title, and interest of the applicant or other person in and to the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(b) Any interested person shall have a right of action to recover on any bond or undertaking for any breach of the conditions for which the bond was deposited, but the aggregate liability of the surety to all persons shall in no event exceed the amount of the bond. In the event the manufactured home, mobilehome, commercial coach, truck camper, or floating home is no longer subject to registration in this state and the currently valid certificate of title is surrendered to the department, the bond or undertaking shall be returned and surrendered at the end of three years or, prior thereto, at the discretion of the department.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18087. Previous out of state registration
Upon application for registration of a manufactured home, mobilehome, commercial coach, or truck camper previously registered outside this state, the application shall be certified by the applicant and shall state that the manufactured home, mobilehome, commercial coach, or truck camper previously has been registered outside this state, the time and place of the last registration of the manufactured home, mobilehome, commercial coach, or truck camper outside this state, the name and address of the governmental officer, agency, or authority making the registration, and any further information relative to its previous registration as may reasonably be required by the department, including the time and place of original registration, if known, and if different from the last foreign registration.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18087.5. Previous out of state registration; surrender of evidence of foreign registration; return of unexpired plates to state of issue
(a) The applicant for registration under this part of a manufactured home, mobilehome, commercial coach, or truck camper previously registered outside this state shall surrender to the department all unexpired license plates, seals, certificates, or other evidence of foreign registration which are in the applicant's possession or under the applicant's control. The department may require a certification from the jurisdiction of last registry when the applicant fails to surrender the last issued unexpired license plates.
(b) Upon application made at the time of their surrender to the department and upon payment of a fee of three dollars ($3), the department shall return the unexpired license plates to the official in charge of the registration of manufactured homes, mobilehomes or commercial coaches, or truck campers in the state of issue of the license plates.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18088. Foreign certificate of title
(a) Upon application for registration of a manufactured home, mobilehome, commercial coach, or truck camper previously registered outside this state, the department shall grant full faith and credit to the currently valid certificate of title describing the manufactured home, mobilehome, commercial coach, or truck camper, the ownership thereof, and any liens thereon, issued by the state in which the vehicle was last registered, except there shall be a notation upon the certificate of title of any and all liens and encumbrances other than those dependent upon possession.
(b) In the absence of knowledge by the department that any certificate of title issued by another state is forged, fraudulent, or void, the acceptance thereof by the department shall be a sufficient determination of the genuineness and regularity of the certificate and of the truth of the recitals therein, and no liability shall be incurred by any officer or employee of the department by reason of so accepting a certificate of title.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18088.5. Liens or encumbrances shown on foreign certificate of title; inclusion on new certificate of title
If a certificate of title issued by another state shows any lien or encumbrance upon the manufactured home, mobilehome, commercial coach, or truck camper therein described, the department, upon registering the manufactured home, mobilehome, commercial coach, or truck camper in this state and upon issuing a certificate of title, shall include therein the name of the legal owner and lienholders, if any, unless documents submitted with the foreign certificates of title establish that the lien or encumbrance has been fully satisfied.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18089. Ownership or existence of foreign liens in doubt; registration card with distinctive markings; withholding certificate of title
In the event application is made in this state for registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home and the department is not satisfied as to the ownership of the manufactured home, mobilehome, commercial coach, truck camper, or floating home or the existence of foreign liens thereon, then the department may register the manufactured home, mobilehome, commercial coach, truck camper, or floating home and issue a registration card with distinctive markings, but shall withhold issuance of a California certificate of title, unless the applicant presents documents sufficient to reasonably satisfy the department of the applicant's ownership of the manufactured home, mobilehome, commercial coach, truck camper, or floating home and the absence of any liens thereon or posts a bond pursuant to subdivision (a) of Section 18086.5.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18089.5. Refusal to register if previously registered out of state; return of documents
In the event the department refuses to grant an application for registration in this state of a manufactured home, mobilehome, commercial coach, truck camper, or floating home previously registered in another state, the department shall immediately return to the applicant all documents submitted by the applicant with the application.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18090. Previous out of state registration; notice of application for in state registration
The department shall forthwith mail a notice of the filing of any application for registration of a manufactured home, mobilehome, commercial coach, or truck camper previously registered outside this state upon written request of the governmental officer, agency, or authority which made the last registration of the manufactured home, mobilehome, commercial coach, or truck camper outside of this state. The notice shall contain the same data as required on the application filed with the department. This section shall not apply to manufactured homes, mobilehomes, commercial coaches, or truck campers last registered in a foreign province or country.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18090.5. Permanent title record; certificate of title; registration card, designation of security interests and junior lienholders
(a) Except as otherwise provided in Section 18089, the department, upon the original registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home, shall establish a permanent title record for the manufactured home, mobilehome, commercial coach, truck camper, or floating home and shall issue a certificate of title to the legal owner and a registration card to the registered owner.
(b) The department shall designate on the permanent title record as the legal owner the holder, if any, of the perfected security interest in the manufactured home, mobilehome, commercial coach, truck camper, or floating home. If there is more than one perfected security interest, the holder of the security interest designated in the application for the original registration as the legal owner shall be the legal owner.
(c) The department shall designate on the permanent title record as junior lienholders those holders, if any, of perfected security interests in the manufactured home, mobilehome, commercial coach, truck camper, or floating home other than the legal owner. If there is more than one junior lienholder, they shall be listed on the permanent title record in the same order as is designated in the application for the original registration. A copy of the registration card shall be sent to each junior lienholder and the creditor identified on the manufacturer's certificate of origin.
(d) If an application for registration specifies more than one secured creditor and the department is unable to determine from the application which creditor is to be the legal owner, or the seniority order in which junior lienholders are to be designated, the department shall so notify the applicant for registration and all secured creditors and shall withhold registration or transfer of registration until the department receives the designation.
(e) The certificate of title and the registration card issued pursuant to this section shall show the name and address of all registered owners, the legal owner, if any, and all junior lienholders, if any, with the junior lienholders listed in the same order as designated on the permanent title record.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18091. Certificate of title; contents
The certificate of title issued by the department shall contain, but not be limited to, all of the following:
(a) Information substantially similar to that required on the registration application as provided in Section 18085.
(b) Provision for transfer of the title or interest of a registered owner, legal owner, or junior lienholder, as applicable.
(c) Provision for application for transfer of registration by the transferee.
(d) A statement to the effect that the certificate of title may not reflect all liens filed with the department against the title and that current title status may be confirmed through the department.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18091.5. Registration card; contents
The registration card for a manufactured home, mobilehome, commercial coach, truck camper, or floating home shall contain all of the following:
(a) The date issued.
(b) The information required by Section 18085 in the application for registration.
(c) The registration number assigned to the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(d) The date of expiration, where applicable.
(e) Any other information as the department prescribes by regulation.
The department may modify the form, arrangement, and information appearing on the registration card and may provide for standardization and abbreviations whenever the efficiency of the department will be promoted thereby, except that general delivery or post office boxes shall not be permitted as the address of the registered owner unless there is no other address.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18092. Decals
(a) Every manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration shall be issued a registration decal. The design of the decal shall be determined by the director and the decal shall be issued by the department. The decal shall be at least 2 1/2 inches high and 2 1/2 inches wide.
(b) The decals shall be applied to the outside of the mobilehome or commercial coach in a location within 15 inches of the lower front right-hand side which is clearly visible and these decals shall be maintained in a condition so as to be clearly legible. The decals shall be applied to the lower rear left-hand side of the truck camper.
For a floating home, the decal shall be applied in an area six inches from the main entry door on the side opposite the hinged side of the door at a point not less than two feet from either the top or bottom of the door and on the outside surface.
(c) The director, after consultation with county assessors, shall prescribe a registration decal for manufactured homes and mobilehomes subject to registration which clearly indicates, by color or otherwise, whether or not the manufactured home or mobilehome is subject to annual registration with the department or is subject to local property taxation, and this decal shall have provisions for indicating the current status of any registration fee.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18092.5. Refusal to register or to renew or transfer registration; grounds
The department may refuse registration or the renewal or transfer of registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home in the following instances:
(a) If the department is not satisfied that the applicant is entitled thereto under this part.
(b) If the applicant has failed to furnish the department with information required in the application or reasonable additional information required by the department.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18092.7. Withholding registration or transfer pending tax clearance; tax collector's failure to respond to demand for conditional clearance
(a) The department shall withhold the registration or transfer of registration of any manufactured home, mobilehome, or floating home which is subject to local property taxation, other than a new manufactured home, mobilehome, or floating home for which application is being made for an original registration, until the applicant presents a tax clearance certificate or a conditional tax clearance certificate issued pursuant to Section 2189.8 or 5832 of the Revenue and Taxation Code by the tax collector of the county where the manufactured home, mobilehome, or floating home is located. Any conditional tax clearance certificate presented shall indicate that the tax liability has been satisfied pursuant to paragraph (3) of subdivision (m) of Section 18035.
(b) In lieu of the tax clearance certificate or conditional tax clearance certificate required by subdivision (a), the department may accept a certification signed by the escrow officer under penalty of perjury that the tax collector of the county where the manufactured home is located has failed to respond to the written demand for a conditional tax clearance certificate as prescribed by subdivision (l) of Section 18035.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1420, Stats. of 1986, eff. 1/1/87.)
(Amended by Ch. 1339, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18093. Certificate of origin; form; contents; copies
(a) At the time of release of a new manufactured home, mobilehome, or commercial coach to any person, the manufacturer shall prepare a certificate of origin, in quadruplicate, on numbered forms prepared by the department which shall contain all of the following:
(1) The name and address of the manufacturer or fabricator.
(2) The manufacturer's identification number.
(3) The trade name of the manufactured home, mobilehome, or commercial coach.
(4) The model name or number of the manufactured home, mobilehome, or commercial coach.
(5) The shipping weight of the unit or separate sections of the unit in the case of multisection manufactured homes, mobilehomes, or commercial coaches.
(6) The length and width of the unit or separate sections of the unit in the case of multisection manufactured homes, mobilehomes, or commercial coaches.
(7) The serial number of the unit or separate sections of the unit in the case of multisection manufactured homes, mobilehomes, or commercial coaches.
(8) The date of manufacture.
(9) The United States Department of Housing and Urban Development label number or department insignia number affixed to the unit or separate sections of the unit in the case of multisection manufactured homes, mobilehomes, or commercial coaches, as applicable.
(10) The date that the ownership was transferred from the manufacturer or fabricator and to whom the ownership is transferred.
(11) A certification of facts signed by a responsible agent of the manufacturer or fabricator.
(12) The name and business address of any person known to the manufacturer or fabricator who, as to the purchaser, has a purchase money security interest in the manufactured home, mobilehome, commercial coach, or truck camper as contemplated by Section 9107 of the Commercial Code.
(13) Any other information as the department may reasonably require.
(b) The manufacturer or fabricator shall forward the original and duplicate copies of the certificate of origin by first-class mail as follows:
(1) The original shall be forwarded to the purchase money creditor unless there is none in which event the original shall be forwarded to the purchaser.
(2) The first copy shall be forwarded to the department at the address printed on the form.
(3) The second copy shall accompany the manufactured home, mobilehome, or commercial coach to its destination.
(4) The third copy shall be retained by the manufacturer or fabricator for its permanent records.
(c) The department may establish regulations for the distribution, maintenance, accessibility, and surrender of certificates of origin required by this section.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18093.5. Registration of truck camper; manufacturer's certificate or origin
The manufacturer of a truck camper, the owner or purchaser of which chooses to register it pursuant to Section 18075.7, shall prepare a certificate of origin containing all of the information required by Section 18093 and provide the purchaser with an original copy.
(Added by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
ARTICLE 4. AMENDMENTS, TRANSFERS, AND TRANSACTIONS
18098. New address; notice to department; penalty or liability; changing of registration card
(a) Whenever any person, after making application for the registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home required to be registered under this part, or after obtaining registration or being recorded on the permanent title record of the manufactured home, mobilehome, commercial coach, truck camper, or floating home registration as registered owner, legal owner, or junior lienholder, moves or acquires a new permanent address, that person shall, within 10 days thereafter, notify the department of both the old and new address.
(b) No penalty shall arise from the failure of any person to notify the department pursuant to this section.
(c) Neither the department nor any person shall be subject to any civil liability with respect to any notification required by statute or regulation to be mailed to a registered owner at his or her address if sent as required by law to the address last reported to the department as required by subdivision (a).
(d) Any registered owner who notifies the department pursuant to subdivision (a) shall mark out the former address shown on the face of the registration card issued for the manufactured home, mobilehome, commercial coach, truck camper, or floating home and indelibly write or type the new address on the face of the card adjacent to the former address and shall initial this change.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18098.5. (Repealed by Ch. 383, Stats. of 1988, eff. 1/1/89.)
18099. Change of situs address of commercial coach; notice to department; marking registration card
Any registered owner of a commercial coach required to be registered under this part who moves, permits to be moved, or causes to be moved, the commercial coach from the situs location indicated on the registration card shall notify the department within 10 days thereafter of both the old and new address of situs. The registered owner shall mark out the situs address shown on the card and indelibly write or type the new situs address on the registration card and shall initial this change.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18099.5. Change of situs; consent of legal owner and junior lienholder
(a) Except as otherwise provided in subdivision (b), no person shall move, permit to be moved, or cause to be moved, any manufactured home, mobilehome, or floating home from the situs indicated on the registration card, without first obtaining the written consent of the legal owner and of each junior lienholder, if any. The written consent shall be obtained on forms approved by the department. In the event that there is no legal owner and no junior lienholder, the registered owner shall complete the written consent form. The original copy of each written consent form shall accompany the manufactured home, mobilehome, or floating home to its new situs in lieu of a registration card.
(b) If the person proposing to move a manufactured home, mobilehome, or floating home required to be registered under this part shall have requested the consent required by subdivision (a) delivered to a secured party or mailed to such person by certified mail, return receipt requested, and the secured party has within 30 days neither given nor withheld its consent. The person proposing to move the manufactured home, mobilehome, or floating home shall notify the department on a form approved by the department of such event and a copy of such form shall accompany the manufactured home, mobilehome, or floating home to its new situs.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18100. Change of situs location; amendment of registration card
Any registered owner, legal owner, or junior lienholder who moves, permits to be moved, or causes to be moved, a manufactured home, mobilehome, or floating home subject to registration under this part shall apply to the department within 10 days therefrom for an amended registration card upon forms provided by the department and with fees for an amended registration card as prescribed by the department. The application shall include, but not be limited to, all of the following:
(a) A copy of the written consent form required by Section 18099.5.
(b) Any information which the department may require relating to the new situs location.
(c) The current registration card.
In the event that the new situs location cannot be determined at the time of application, the application shall so indicate and the department shall hold the application in suspense until this information is received. The applicant or the applicant's agent shall, immediately upon determining a new situs address where the manufactured home, mobilehome, or floating home is to be installed for occupancy, notify the department of the new situs address.
Upon receipt of the completed application the department shall issue an amended registration card for the manufactured home, mobilehome, or floating home to the registered owner.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18100.5. Acquisition of release of interest; notice; duties of department; execution
and delivery of certificate of title or registration card; statement of lien
release; amendment of permanent title record; moratorium during
escrow; liability of noncomplying secured party; involuntary transfers
(a) If the title or interest of a registered owner, legal owner, junior lienholder in a manufactured home, mobilehome, commercial coach, or truck camper, or floating home for which an original registration under this part has been obtained is transferred to another person, or, if all outstanding secured obligations previously held by a legal owner registered on the original or a subsequent registration or by a junior lienholder are satisfied and the person no longer has any obligation to extend credit, incur obligations, or otherwise give value to be secured by the manufactured home, mobilehome, commercial coach, truck camper, or floating home, or, if a security interest is taken in a manufactured home, mobilehome, commercial coach, truck camper, or floating home after the permanent title record has been established, the department shall be notified within 20 days and shall act as follows:
(1) If the title or interest of a registered owner or legal owner is being transferred, the transferor and the transferee of the title or interest shall execute in the manner prescribed by the department the certificate of title for the manufactured home, mobilehome, commercial coach, truck camper, or floating home. If the transfer is made by a registered owner and the transferee is to assume the underlying indebtedness secured by the manufactured home, mobilehome, commercial coach, truck camper, or floating home and owed to a legal owner, the legal owner shall state on the certificate of title that legal title and interest are to be retained. The certificate of title along with all other supporting documents shall be forwarded to the department with appropriate fees. The department shall appropriately amend the permanent title record of the manufactured home, mobilehome, commercial coach, truck camper, or floating home, forward a new certificate of title reflecting the change to the permanent title record to the legal owner by first-class mail, and forward an amended registration card reflecting the change to the permanent title record to the registered owner with copies to all secured parties shown on the permanent title record. If there is no legal owner, the new certificate of title and amended registration card shall be forwarded to the registered owner.
(2) If the interest of a junior lienholder is being transferred, the transferor and the transferee shall execute in a manner prescribed by the department the registration card, and the card so executed shall be forwarded to the department with appropriate fees. The department shall appropriately amend the permanent title record and forward an amended registration card reflecting the change to the permanent title record to the registered owner with copies to all secured parties shown on the permanent title record.
(3) If a creditor acquires a security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home after the permanent title record has been established, the department shall amend the permanent title record to reflect the interest as that of a legal owner or as that of a junior lienholder, as appropriate. If the permanent title record already reflects the interest of one or more junior lienholders, the creditor then perfecting its interest pursuant to this section shall be designated as the most junior lienholder.
(4) If a legal owner no longer holds an outstanding obligation or a commitment to make advances, incur obligations, or otherwise give value to be secured by the manufactured home, mobilehome, commercial coach, or truck camper, or floating home, the legal owner shall indicate its release of lien by appropriately signing the certificate of title for the manufactured home, mobilehome, commercial coach, truck camper, or floating home and forward the certificate of title to the department with appropriate fees. The department shall appropriately amend the permanent title record for the manufactured home, mobilehome, commercial coach, truck camper, or floating home, deliver a new certificate of title reflecting the change to the permanent title record to the new legal owner, if any, by first-class mail, and forward an amended registration card reflecting the change to the permanent title record to the registered owner with copies to all secured parties shown on the registration card. For purposes of this paragraph, the following person shall be designated as the new legal owner:
(A) The junior lienholder, if any.
(B) If there is more than one junior lienholder, the junior lienholder whose statement of lien was designated as the most senior junior lienholder on the permanent title record shall be the legal owner.
(5) If a junior lienholder no longer holds an outstanding obligation or a commitment to make advances, incur obligations, or otherwise give value to be secured by the manufactured home, mobilehome, commercial coach, truck camper, or floating home, the junior lienholder shall forward the properly executed and released junior lienholder registration card to the department with appropriate fees. The department shall appropriately amend the permanent title record for the manufactured home, mobilehome, commercial coach, truck camper, or floating home and forward an amended registration card reflecting the change to the permanent title record to the registered owner with copies to all secured parties shown on the permanent title record.
(b) (1) Notwithstanding subdivision (d) of this section and subdivisions (c) and (e) of Section 18080.7, for the 120-day period beginning upon the receipt by the department of the notice of escrow and appropriate fee provided by paragraph (2) of subdivision (d) of Section 18035, or until the escrow is canceled or until the escrow closes and the resulting transfers of ownership interests and transfers or creation of legal owner and junior lienholder interests are acknowledged by the department as amendments to the permanent title record of the manufactured home, mobilehome, truck camper, or floating home, whichever is earlier, the department, except at its sole discretion, shall impose a moratorium on all of the following:
(A) On any other amendments to the permanent title record of the manufactured home, mobilehome, truck camper, or floating home for the purpose of transferring any ownership interest or transferring or creating any security interest in the manufactured home or mobilehome.
(B) On issuing any duplicate, substitute, or new certificate of title, registration card, or copy of a registration card regarding the manufactured home, mobilehome, or floating home.
(C) On subsequent notices of escrow openings.
(2) The department shall, upon receipt of the notice of escrow and the appropriate fee, forward to the escrow agent an acknowledgment of receipt and a true and correct copy of the permanent title record as of the commencement of the period of moratorium.
(c) If a secured party fails to comply with the provisions of subdivision (a) relating to releases of lien and the secured party thereafter receives a written demand from the registered owner that the secured party release its lien, the secured party shall be liable to the registered owner for all actual damages suffered by the registered owner by reason of the failure to release the lien unless the secured party, within 20 days of receipt of the demand, complies with the requirements of subdivision (a), except where the secured party has reasonable cause for noncompliance.
(d) Whenever the title or interest of the registered owner or legal owner in or to a manufactured home, mobilehome, commercial coach, truck camper, or floating home registered under this part passes to another in a manner other than by voluntary transfer, the new registered owner or legal owner may obtain a transfer of registration upon application therefor and upon presentation of the last certificate of title, if available, and current registration card, if available, issued for the manufactured home, mobilehome, commercial coach, truck camper, or floating home and any instruments or documents of authority or certified copies thereof as may be required by the department, or required by law, to evidence or effect the transfer of title or interest in that case. The department, when satisfied of the genuineness and regularity of the transfer, shall amend the permanent title record of the manufactured home, mobilehome, commercial coach, truck camper, or floating home, issue a new current registration card and certificate of title, and forward copies of the current registration card to all junior lienholders.
(e) The department shall not transfer registration until the applicant complies with the requirements of Section 18092.7.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 765, Stats. of 1990, eff. 1/1/91.)
18101. Title of transfer effected
No transfer of the title of a manufactured home, mobilehome, commercial coach, truck camper, or floating home registered under this code shall be effective until the transferor has made proper endorsement and delivery of the certificate of title and delivery of the registration card to the transferee as provided in this code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18101.5. Dealer as transferee for resale not required to apply for transfer
When the transferee of a manufactured home, mobilehome, commercial coach, or truck camper is a dealer who holds it for resale and moves it upon the highways under transportation decals, the dealer is not required to make application for transfer, but upon transferring his or her title or interest to another person he or she shall comply with this chapter.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18102. Death of owner; transfer of registration
(a) If 40 days have elapsed since the death of a registered or legal owner of a manufactured home, mobilehome, commercial coach, truck camper, or floating home registered under this part, without the decedent leaving other property necessitating probate, and irrespective of the value of the manufactured home, mobilehome, commercial coach, truck camper, or floating home, the following person or persons may secure a transfer of registration of the title or interest of the decedent:
(1) The sole person or all of the persons who succeeded to the property of the decedent under Sections 6401 and 6402 of the Probate Code, unless the manufactured home, mobilehome, commercial coach, truck camper, or floating home is, by will, otherwise bequeathed.
(2) The sole beneficiary or all of the beneficiaries who succeeded to the manufactured home, mobilehome, commercial coach, truck camper, or floating home under the will of the decedent, where the manufactured home, mobilehome, commercial coach, truck camper, or floating home is, by will, so bequeathed.
(b) The person authorized by subdivision (a) may secure a transfer of registration of the title or interest of the decedent upon presenting to the department all of the following:
(1) The appropriate certificate of title and registration card, if available.
(2) A certificate of the heir or beneficiary under penalty of perjury containing the following statements:
(A) The date and place of the decedent's death.
(B) The decedent left no other property necessitating probate and no probate proceeding is now being or has been conducted in this state for the decedent's estate.
(C) The declarant is entitled to the manufactured home, mobilehome, commercial coach, truck camper, or floating home either (i) as the sole person or all of the persons who succeeded to the property of the decedent under Sections 6401 and 6402 of the Probate Code if the decedent left no will or (ii) as the beneficiary or beneficiaries under the decedent's last will if the decedent left a will, and no one has a right to the decedent's manufactured home, mobilehome, commercial coach, truck camper, or floating home that is superior to that of the declarant.
(D) There are no unsecured creditors of the decedent or, if there are, the unsecured creditors of the decedent have been paid in full or their claims have been otherwise discharged.
(3) If required by the department, a certificate of the death of the decedent.
(4) If required by the department, the names and addresses of any other heirs or beneficiaries.
(c) If the department is presented with the documents specified in paragraphs (1) and (2) of subdivision (b), no liability shall be incurred by the department or any officer or employee of the department by reason of transfer of registration of the manufactured home, mobilehome, commercial coach, truck camper, or floating home pursuant to this section. The department or officer or employee of the department may rely in good faith on the statements in the certificate specified in paragraph (2) of subdivision (b) and has no duty to inquire into the truth of any statement in the certificate. The person who secures the transfer of the manufactured home, mobilehome, commercial coach, truck camper, or floating home pursuant to this section is subject to the provisions of Sections 13109 to 13113, inclusive, of the Probate Code to the same extent as a person to whom transfer of property is made under Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 982, Stats. of 1985, eff. 1/1/86.)
(Amended by Ch. 783, Stats. of 1986, operative 7/1/87.)
18102.2. Transfer of registration held in beneficiary form; death of owner
(a) On the death of the owner of a manufactured home, mobilehome, commercial coach, truck camper, or floating home owned in beneficiary form, the manufactured home, mobilehome, commercial coach, truck camper, or floating home belongs to the surviving beneficiary, if any. If there is no surviving beneficiary, the manufactured home, mobilehome, commercial coach, truck camper, or floating home belongs to the estate of the deceased owner.
(b) Ownership registration and title issued in beneficiary form may be revoked or the beneficiary changed at any time before the death of the owner by either of the following methods:
(1) By sale of the manufactured home, mobilehome, commercial coach, truck camper, or floating home, with proper assignment and delivery of the certificate of title to another person.
(2) By application for a change in registered owner without designation of a beneficiary or with the designation of a different beneficiary.
(c) Except as provided in subdivision (b), designation of a beneficiary in ownership registration and title issued in beneficiary form may not be changed or revoked by will, by any other instrument, by a change of circumstances, or otherwise.
(d) The beneficiary's interest in the manufactured home, mobilehome, commercial coach, truck camper, or floating home at death of the owner is subject to any contract of sale, assignment, or security interest to which the owner was subject during his or her lifetime.
(e) The surviving beneficiary may secure a transfer of ownership for the manufactured home, mobilehome, commercial coach, truck camper, or floating home upon presenting to the department all of the following:
(l) The appropriate certificate of title.
(2) A certificate under penalty of perjury stating the date and place of the death of the owner and that the declarant is entitled to the manufactured home, mobilehome, commercial coach, truck camper, or floating home as the designated beneficiary.
(3) If required by the department, a certificate of the death of the owner.
(f) After the death of the owner, the surviving beneficiary may transfer his or her interest in the manufactured home, mobilehome, commercial coach, truck camper, or floating home to another person without securing transfer of ownership into his or her own name by appropriately signing the certificate of title for the manufactured home, mobilehome, commercial coach, truck camper, or floating home and delivering the document to the transferee for forwarding to the department with appropriate fees. The transferee may secure a transfer of ownership for the manufactured home, mobilehome, commercial coach, truck camper, or floating home, upon presenting to the department (1) the certificate of title signed by the beneficiary, (2) the certificate described in paragraph (2) of subdivision (e) executed by the beneficiary under penalty of perjury; and (3) if required by the department, a certificate of death of the owner.
(g) A transfer at death pursuant to this section is effective by reason of this section and shall not be deemed to be a testamentary disposition of property. The right of the designated beneficiary to the manufactured home, mobilehome, commercial coach, truck camper, or floating home shall not be denied, abridged, or affected on the grounds that the right has not been created by a writing executed in accordance with the laws of this state prescribing the requirements to effect a valid testamentary disposition of property.
(h) A transfer at death pursuant to this section is subject to Section 9653 of the Probate Code.
(i) If there is no surviving beneficiary, the person or persons described in Section 18102 may secure transfer of the manufactured home, mobilehome, commercial coach, truck camper, or floating home, as provided in that section.
(j) The department may prescribe forms for use pursuant to this section.
(Added by Ch. 1055, Stats. of 1991, eff. 1/1/92, operative 1/1/94.)
18102.3. Transfer of registration held in beneficiary form; death of owner;
department liability
(a) If the department makes a transfer pursuant to Section 18102.2, the department is discharged from all liability, whether or not the transfer is consistent with the beneficial ownership of the manufactured home, mobilehome, commercial coach, truck camper, or floating home transferred.
(b) The protection provided by subdivision (a) does not extend to a transfer made after the department has been served with a court order restraining the transfer. No other notice or information shown to have been available to the department shall affect its right to the protection afforded by subdivision (a).
(c) The protection provided by this section has no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(d) The protection provided by this section is in addition to, and not exclusive of, any other protection provided to the department by any other provision of law.
(Added by Ch. 1055, Stats. of 1991, eff. 1/1/92, operative 1/1/94.)
18102.5. Transfer of registration; certificate of title or registration card lost or unavailable
If application is made to the department for a transfer of registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home to a new registered or legal owner and if the applicant is unable to present the certificate of title or registration card issued for the manufactured home, mobilehome, commercial coach, truck camper, or floating home because it is lost or otherwise not available, the department may receive the application and investigate the circumstances of the case and may require the filing of certifications or other information. When the department is satisfied that the applicant is entitled to a transfer of registration, the department may transfer the registration of the manufactured home, mobilehome, commercial coach, truck camper, or floating home and issue a new certificate of title and registration card to the person or persons found to be entitled thereto.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
18103. Transfer of registration; registration card in possession of department on application for renewal
Whenever application is made to the department for a transfer of registration of a manufactured home, mobilehome, commercial coach, truck camper, or floating home to a new registered or legal owner and the applicant is unable to present the registration card issued for the manufactured home, mobilehome, commercial coach, truck camper, or floating home because it is in the possession of the department upon an application for renewal of registration, the department may transfer the registration of the manufactured home, mobilehome, commercial coach, truck camper, or floating home upon production of the properly endorsed certificate of title to the manufactured home, mobilehome, commercial coach, truck camper, or floating home and a temporary receipt, on a form prescribed by the department containing any information that the department deems necessary, including, but not limited to, the registration decal number assigned to the manufactured home, mobilehome, commercial coach, truck camper, or floating home and the serial number of the manufactured home, mobilehome, commercial coach, truck camper, or floating home and accompanied by the amount of fees for renewal of the registration.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18103.5. to 18104.5. (Repealed by Ch. 1124, Stats. of 1983, operative 7/1/84.)
18105. Security interests; priorities; effect of notice; inventory; laws governing
(a) Except as otherwise provided in subdivision (e) or (g), the security interest of the legal owner has priority over conflicting security interests of junior lienholders and holders of security interests perfected pursuant to Section 9305 of the Commercial Code and of unperfected security interests in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part and its proceeds.
(b) Except as otherwise provided in subdivision (e) or (g), the security interest of a junior lienholder has priority over conflicting security interests of holders of security interests perfected pursuant to Section 9305 of the Commercial Code and of unperfected security interests in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part and its proceeds. Conflicting security interests of junior lienholders rank in the order designated on the permanent title record maintained by the department.
(c) Except as otherwise provided in subdivision (e) or (g), a security interest perfected pursuant to Section 9305 of the Commercial Code has priority over conflicting unperfected security interests in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part and its proceeds.
(d) Except as otherwise provided in subdivision (e) or (g), conflicting unperfected security interests in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part and its proceeds rank according to priority in time of attachment.
(e) (1) Except as otherwise provided in subdivision (g), the security interest of any secured party shall not have priority over any security interest of a party having a subordinate security interest by virtue of the preceding provisions of this section to the extent that the otherwise senior secured obligation was incurred subsequent to receipt by that creditor of actual or constructive notice of the existence of the otherwise junior security interest unless the obligation arose pursuant to the terms of a security agreement for the purpose of preserving the collateral or protecting the interest of the senior secured party therein or unless the otherwise senior secured obligation was incurred under a binding agreement that the credit would be extended by that creditor.
(2) For purposes of this subdivision receipt of a copy of the registration certificate which reflects the existence of a security interest shall constitute constructive notice of the existence of the security interest. In interpreting the provisions of this subdivision but for no other purposes, it is the intent of the Legislature that the priorities among conflicting security interests be determined in accordance with the rules of law applicable to priority as to interests in real property.
(f) Except as otherwise provided in subdivision (g), the security interest of the legal owner or a junior lienholder has priority over a conflicting security interest of a holder of a perfected security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part which is inventory, including the proceeds of the inventory. The rules of priority regarding conflicting security interests of holders of a perfected security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part which is inventory and of holders of security interests perfected pursuant to Section 9305 of the Commercial Code or unperfected security interests in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part shall be governed by Section 9312 of the Commercial Code.
(g) If the holders of two or more of the several security interests shall otherwise agree among themselves, the relative priorities among the holders of security interests who have so agreed shall be determined according to this agreement.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
18105.5. Assignment of title or interest by legal owner or junior lienholder
A legal owner or junior lienholder may assign title or interest to a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part without the consent, and without affecting the interest of the registered owner or other lienholders.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
18106. Lien creditor; definition; priority as against perfected and unperfected security interests
(a) As used in this section, "lien creditor" means a creditor who has acquired a lien on a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part by attachment, levy, or the like and includes an assignee for benefit of creditors from the time of assignment, and a trustee in bankruptcy from the date of the filing of the petition, or a receiver in equity from the time of appointment, as contemplated by subdivision (3) of Section 9301 of the Commercial Code.
(b) Except as provided in subdivision (c), an unperfected security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home subject to registration under this part is subordinate to the rights of a person who becomes a lien creditor before the security interest is perfected.
(c) If a security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home becomes perfected as contemplated by subdivision (a) of Section 18080.7, the security interest is senior to the rights of a lien creditor which arise between the time the security interest attaches and the time of perfection.
(d) A person who becomes a lien creditor while a security interest in a manufactured home, mobilehome, commercial coach, truck camper, or floating home is perfected by any of the means contemplated by subdivision (b) of Section 18080.7 takes subject to the perfected security interest only to the extent that it secures advances either made before that person becomes a lien creditor or made thereafter which would otherwise be senior to a competing security interest as provided in subdivision (e) of Section 18105.
(Added by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
ARTICLE 5. RENEWALS AND REPLACEMENTS
18108. Stolen, lost, mutilated or illegible registration card or decal; replacement
If any registration card or registration decal is stolen, lost, mutilated, or illegible, the registered owner of the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which it was issued, as shown by the records of the department, shall immediately make application for, and may, upon the applicant furnishing information satisfactory to the department and paying the required fees, obtain a duplicate, substitute, or new registration under a new registration number, as determined by the department.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18108.5. Stolen, lost, mutilated or illegible certificate of title; duplicate
If any certificate of title is stolen, lost, mutilated, or illegible, the legal owner of the manufactured home, mobilehome, commercial coach, truck camper, or floating home for which it was issued, as shown by the records of the department, shall immediately make application for, and may, upon payment of required fees and the applicant furnishing information satisfactory to the department, obtain a duplicate certificate of title.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18109. Expiration and renewal of registration
Except as otherwise provided in this part, every registration card for a manufactured home, mobilehome, or commercial coach subject to annual registration shall expire at midnight on the expiration date indicated on the registration card and shall be renewed prior to that expiration. The department, upon presentation by the registered owner of the registration card or potential registration card last issued and receipt of the proper renewal fees, shall renew the registration of a manufactured home, mobilehome, or commercial coach.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 891, Stats. of 1987, eff. 1/1/88.)
18109.5. Certificate of title; renewal not required
Certificates of title shall not be required to be renewed annually, but shall remain valid until a new or amended certificate of title is issued upon a transfer of any interest of the registered owner or legal owner shown thereon.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
18110. Application for transfer when certificate of title stolen, lost, mutilated or illegible
When the required certificate of title is stolen, lost, mutilated, or illegible, application for transfer may be made upon a form provided by the department for a duplicate certificate of ownership. The transferor shall sign and address the application, as appropriate, and file it together with the proper fees for duplicate certificate of ownership and transfer.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
ARTICLE 6. FEES AND TAXES
18114. Registration fee; delinquent fee
(a) A registration fee of eleven dollars ($11) shall be due and payable to the department at the time of original registration or renewal of registration for each transportable section of a manufactured home, mobilehome, or commercial coach that is subject to annual renewal.
(b) For a manufactured home, mobilehome, or truck camper that is not subject to annual renewal, the registration fee of eleven dollars ($11) shall be due for each transportable section at the time of original registration and upon application for each subsequent change, addition, or deletion of registered owners, legal owners, or junior lienholders and shall be in addition to any other fees that may be required by the application.
(c) A registration fee of thirty dollars ($30) shall be charged for each original application for registration of a floating home and for each subsequent application to record a change, addition, or deletion of registered owners, legal owners, or junior lienholders of a floating home. This fee shall be in addition to any other fees that may be required by the application.
(d) A registration fee is delinquent if not paid in accordance with the following:
(1) On or before the expiration date of the previous registration year for all annual renewals.
(2) Ten days after the date of the transaction is complete, as defined in subdivision (e) of Section 18080.5, for all transactions by or through a dealer whenever a manufactured home, mobilehome, or commercial coach is sold, rented, leased, leased with an option to buy, or otherwise transferred, except that for registration fees due because of annual renewal, the fee is delinquent after the expiration date of the previous registration year.
(3) Except for dealer transactions, 20 days after the registration fee became due for original registration required by subdivision (a), and for registration fees required by subdivisions (b) and (c).
(e) A penalty of three dollars ($3) shall be added for each registration fee that is delinquent. No penalty is due if the application and required registration fees were placed in the United States mail before midnight on the day before the fee became delinquent, as evidenced by postmark or affidavit by the applicant.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1393, Stats. of 1982, eff. 9/24/82, operative 1/1/83.)
(Amended by Ch. 1395, Stats. of 1982, eff. 9/24/82, operative 1/1/83.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 765, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 812, Stats. of 1990, eff. 1/1/91.)
18114.1. Mobilehomes or manufactured homes; annual fees; exemption
(a) In addition to the annual registration fee required by Section 18114, an annual fee of five dollars ($5) shall be paid to the department at the time of registration or renewal for each transportable section of a manufactured home or mobilehome registered pursuant to this part. All revenues derived from this fee shall be deposited in the Mobilehome Park Purchase Fund provided for in Chapter 11 (commencing with Section 50780) of Part 2 of Division 31.
(b) Any transportable section of a manufactured home or mobilehome registered pursuant to this part and located on a private parcel owned by the registered owner of the manufactured home or mobilehome shall be exempt from the fee imposed by subdivision (a), if the owner provides documentation or a written statement, signed under penalty of perjury, which establishes to the satisfaction of the department that the manufactured home or mobilehome is located on a private parcel owned by the registered owner of the manufactured home or mobilehome.
(c) Pursuant to subdivision (b), upon renewal of registration in 1989, or thereafter, once the registered owner provides documentation or a written statement to the department to establish the exemption, the department shall not require the owner to establish the exemption in each subsequent year upon renewal, unless the department receives evidence that the manufactured home or mobilehome is no longer located on a private parcel owned by the registered owner of the home. Renewal forms for registered owners of manufactured homes or mobilehomes who have established the exemption shall not reflect or include the fee required pursuant to subdivision (a).
(Added by Ch. 734, Stats. of 1988, eff. 1/1/89.)
18114.5. Time for transferee to pay registration fees when renewal fee penalties have not accrued
When renewal fee penalties have not accrued with respect to a manufactured home, mobilehome, or commercial coach subject to this chapter and the manufactured home, mobilehome, or commercial coach is transferred, the transferee shall have a period of 20 days from the date of the transfer to pay any registration fees which become due without payment of any penalties that would otherwise be required.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18115. Vehicle license fee; payment; amount; modification or addition to manufactured home, mobilehome, or commercial coach
Commencing July 1, 1981, the vehicle license fee levied pursuant to Section 10751 of the Revenue and Taxation Code on manufactured homes and mobilehomes not subject to local property taxation pursuant to Part 13 (commencing with Section 5800) of Division 1 of Revenue and Taxation Code, or commercial coaches, shall be paid to the department. The annual amount of the fee shall be a sum equal to 2 percent of the market value of the manufactured home, mobilehome, or commercial coach. The market value shall be determined by the department upon the basis of the original sales price of the manufactured home, mobilehome, or commercial coach when first sold to a consumer as a new manufactured home, mobilehome, or commercial coach. The annual amount of the fee charged to the owner of a manufactured home or mobilehome subject to a license fee which replaces a manufactured home or mobilehome destroyed, on or after January 1, 1982, as the result of a disaster declared by the Governor, and which meets the requirements of Chapter 2.6 (commencing with Section 172) of Part 1 of Division 1 of the Revenue and Taxation Code, shall be determined in accordance with Section 172.1 of the Revenue and Taxation Code. In the event any manufactured home, mobilehome, or commercial coach subject to this article is modified or added to at a cost of two hundred dollars ($200), or more, a copy of the building permit required for these modifications shall be entered in the permanent record of the manufactured home, mobilehome, or commercial coach and the department shall classify or reclassify the manufactured home, mobilehome, or commercial coach in its proper class as provided in Section 18115.5. These provisions shall not apply in the event that the modifications are necessary to enable a handicapped person to enter and use the manufactured home, mobilehome, or commercial coach.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1465, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18115.5. Classification; market value
(a) For the purposes of this article, a classification plan is established consisting of the following classes: a class from no dollar ($0) to and including forty-nine dollars and ninety-nine cents ($49.99); a class from fifty dollars ($50) to and including one hundred ninety-nine dollars and ninety-nine cents ($199.99); and thereafter a series of classes successively set up in brackets having a spread of two hundred dollars ($200), consisting of a number of classes as will permit classification of all manufactured homes, mobilehomes, or commercial coaches.
(b) The market value of a manufactured home, mobilehome, or commercial coach subject to this article for each registration year of its life, shall be a percentage of that sum, determined as follows:
Registration year Percentage
First 85
Second 70
Third 55
Fourth 45
Fifth 40
Sixth 35
Seventh 30
Eighth 25
Ninth 24
10th 23
11th 22
12th 21
13th 20
14th 19
15th 18
16th 17
17th 16
18th each succeeding year 15
It is the intent of this section that the market value of any manufactured home, mobilehome, or commercial coach subject to this article shall be the same in each registration year of its life as it would be if determined pursuant to Sections 10752.1, 10753, 10753.2, 10753.3, and 10753.4 of the Revenue and Taxation Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18116. License fees; time of payment; delinquent fees; penalties; alteration or increase of fees
(a) The license fee is due and payable each year for renewal of registration, on or before midnight of the expiration date assigned by the department and noted on the registration card for all manufactured homes, mobilehomes, and commercial coaches which are not subject to local property taxation or otherwise exempt. The license fee is due and payable to the department in accordance with the following applicable time periods:
(1) As of the original date of sale, rental, or lease of a new commercial coach.
(2) Twenty days after the date of entry into California of a commercial coach previously registered in another state.
(3) Twenty days after the date of entry into California of a manufactured home or mobilehome sold as new prior to July 1, 1980, and previously registered in another state.
(b) License fees due for original registration of a new commercial coach are delinquent if not deposited with the department within 10 days of the original date of sale, rental, or lease. License fees due for renewal of registration for a manufactured home, mobilehome, or commercial coach are delinquent if not paid on or before midnight of the expiration date assigned by the department and noted on the registration card that was last issued. License fees due for a manufactured home, mobilehome, or commercial coach previously registered in another state are delinquent if not paid within 40 days after the date of entry into California. A penalty equal to 20 percent of the license fee due shall be added to any license fee due if it is allowed to become delinquent for a period of from 1 through 119 days. No penalty is due if the application and required license fees were placed in the United States mail before midnight on the day before the fees became delinquent, as evidenced by postmark or affidavit by the applicant.
(c) An added penalty of fifty dollars ($50) per transportable section shall be collected along with any other license fee and penalty due if the license fee for renewal of registration for a manufactured home or mobilehome is allowed to become delinquent for 120 days or more.
(d) An added penalty of two hundred dollars ($200) for each commercial coach shall be added to any license fee and penalty due if the license fee due for an original registration or for each subsequent renewal of registration is allowed to become delinquent for 120 days or more.
(e) It is the intent of the Legislature that license fees levied on manufactured homes, mobilehomes, or commercial coaches subject to this part shall not be altered or increased from the rates and levels of license fees established prior to January 1, 1981.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1216, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1760, Stats. of 1984, eff. 10/1/84.)
(Amended by Ch. 765, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 812, Stats. of 1990, eff. 1/1/91.)
18116.1. Nonpayment of fees and penalties; lien of state
(a) Nonpayment of the fees and penalties provided for in Sections 18114, 18114.1, and 18115, and in subdivisions (a), (b), (c), and (d) of Section 18116 that are due on a mobilehome, manufactured home, commercial coach, truck camper, or floating home shall constitute a lien in favor of the State of California in the amount owing.
(b) Notwithstanding any other provision of law, the lien provided for in subdivision (a) shall include all fees and penalties due and unpaid beginning with the fees for original registration that became delinquent for 120 days or more and continue to accrue to include all fees and penalties that subsequently become due and remain unpaid.
(c) Until the amount of a lien provided for in subdivision (a) or (b) is paid to the department, the department shall not do either of the following:
(1) Amend the permanent title record of the manufactured home, mobilehome, commercial coach, truck camper, or floating home which is the subject of the lien for the purpose of transferring any ownership interest or transferring or creating any security interest in the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(2) Issue any duplicate, substitute, or new certificate of title, registration card, or copy of a registration card with respect to the manufactured home, mobilehome, commercial coach, truck camper, or floating home which is the subject of the lien.
(Added by Ch. 1760, Stats. of 1984, eff. 10/1/84.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
(Amended by Ch. 765, Stats. of 1987, eff. 1/1/88.)
(Amended by Ch. 506, Stats. of 1991, eff. 1/1/92.)
18116.2. Commercial coaches; unsatisfied liens; civil actions or seizure;
notice; hearing; findings and recommendations; payment;
lien in jeopardy; inventory; excess proceeds
(a) If the lien in favor of the State of California in the amount owing as provided by Section 18116.1 is against a commercial coach, and that lien has not been satisfied for a period of one year from the date the commercial coach became subject to the lien, the department may collect the amount of the lien on the commercial coach plus costs not to exceed four hundred fifty dollars ($450) by appropriate civil action or by seizure and sale of the commercial coach and its contents on which the lien has been placed or by seizure and sale of any other commercial coach owned by the owner of the commercial coach on which the lien has been placed.
(b) At least 10 days before the seizure, notice of the lien and of the intent to seize and sell the commercial coach and its contents shall be given by the department to the registered owner and legal owners, and any other persons known to be claiming an interest in the commercial coach or its contents, by registered mail addressed to those persons at the last known address appearing on the department's records.
(c) Any person receiving the notice of the lien and the intent to seize and sell the commercial coach and its contents may request a hearing to contest the existence or the amount of the lien. If no hearing is requested, the commercial coach and its contents shall be seized and sold.
(d) If a hearing is requested, a 10-day notice shall be given of the time and place of the hearing, which shall be held within the county of residence of the person requesting the hearing or of the registered owner. The hearing shall be conducted by a referee, who shall submit findings and recommendations to the director of the department or the director's authorized representative, who shall decide the matter. The decision shall be effective on notice thereof to the interested parties.
(e) At any time before seizure or sale, any registered owner, legal owner or person claiming an interest in the commercial coach or its contents may pay the department the amount of the lien, plus costs. In that event, the seizure and sale shall not be held and the commercial coach and its contents, if seized, shall be returned by the department to the person entitled to its possession. This payment shall not constitute a waiver of the right to a hearing.
(f) When the department or an authorized agent has reasonable cause to believe that the lien may be jeopardized within the 10-day notice of intent period, the commercial coach and its contents may be seized without prior notice to the registered owner or legal owner,
upon obtaining authorization for the seizure from the director of the department or the director's authorized representative. In those cases, a notice of the lien and the intent to sell the commercial coach and its contents shall be given by the department to the registered and legal owners and anyone known to be claiming an interest in the commercial coach or its contents, within 48 hours after seizure, excluding Saturdays, Sundays and the holidays specified in Section 6700 of the Government Code. Any hearing to contest the lien and the seizure shall be requested within 10 days of the date that notice was placed in the United States mail.
(g) When a lien exists against one or more commercial coaches owned by the same person, persons, or company, the department may seize and sell a sufficient number of commercial coaches to satisfy the lien plus costs, in accordance with subdivision (a).
(h) Any state, municipality, or county law enforcement agency may assist with the seizure and impounding of the commercial coach.
(i) The department shall make a physical inventory of all the contents of a commercial coach that has been seized within 24 hours of the time of seizure. Copies of the inventory of contents shall be made available to any one rightfully entitled to that information.
(j) After deducting from the proceeds of sale, any amount due to satisfy the lien in favor of the state and the cost of the seizure and sale, any excess proceeds of sale shall be deposited in a special account. The registered owner, legal owner, or anyone claiming an interest in the mobilehome or its contents may file a claim to share in the excess proceeds of sale within one year from the date of sale. If any excess proceeds of sale remain in this special account after one year from the date of sale that money shall be transferred to the Mobilehome-Manufactured Home Revolving Fund.
(Added by Ch. 765, Stats. of 1987, eff. 1/1/88.)
18116.5. Exemption from use tax
Used manufactured homes, used mobilehomes, and used floating homes subject to local property taxation are exempt from the payment of use tax upon resale or transfer as provided in Section 6379 of the Revenue and Taxation Code.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18117. Manufactured home, mobilehome, commercial coach, or truck camper previously registered out of state; use tax
An application for registration under this part of a manufactured home, mobilehome, or commercial coach previously registered outside of this state shall be accompanied by payment of the amount required to be paid under Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code with respect to the use of the manufactured home, mobilehome, or commercial coach by the applicant.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 799, Stats. of 1996, eff. 1/1/97.)
18117.5. Transfer fee; time for payment
The transfer fee is delinquent if not paid within 20 days of receipt by the transferee of a properly executed certificate of title for the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1342, Stats. of 1984, eff. 9/26/84, operative 1/1/85.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
(Amended by Ch. 1467, Stats. of 1985, eff. 10/2/85.)
18118. Application for change, addition, or deletion of registered owner's name or names; renewal fees
Whenever any application for a change, addition, or deletion of the registered owner's name or names is filed with the department during the 60 days immediately preceding the expiration date of the current registration of a manufactured home, mobilehome, or commercial coach, subject to annual renewal of registration, the application shall be accompanied by the full renewal fees for the ensuing registration year in addition to any other fees that may be due and payable.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 765, Stats. of 1987, 1/1/88.)
18119. Delinquency in payment of fee; notice; listing; transfer to local property taxation
(a) If the license fee has not been paid on or before the 60th day following the date on which the fee became delinquent, the department shall mail a notice to the registered owner, legal owner and each junior lienholder shown on the permanent title record as of that date, containing the following information:
(1) That the license fee is delinquent.
(2) That the manufactured home or mobilehome will become subject to a penalty of fifty dollars ($50) per transportable unit pursuant to subdivision (b) of Section 18116, if the fees and penalties are not paid on or before the 120th day after the date of delinquency.
(b) On or before the last day of each calendar month, the department shall furnish a listing of new registrations and transfers of title to manufactured homes and mobilehomes subject to local property taxation under Section 5801 of the Revenue and Taxation Code, and all voluntary transfers to local property taxation as provided for in subdivision (c), to the county assessor of the county in which the manufactured home or mobilehome is sited.
(c) The department shall transfer a manufactured home or mobilehome which is subject to vehicle license fee to local property taxation upon a request for the transfer, as prescribed by the department, executed by the registered owner, legal owner, and each junior lienholder. Transfer pursuant to this subdivision shall be final. Persons obtaining such a transfer thereby waive all entitlement to petition for reinstatement to the vehicle license fee, and are not entitled to the refund of any vehicle registration fees or vehicle license fees paid which apply to the period between the date of voluntary transfer and the expiration of the registration period for which the fees were paid.
(Added by Ch. 1465, Stats. of 1982, eff. 1/1/83.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1760, Stats. of 1984, eff. 10/1/84.)
ARTICLE 7. PENALTIES
18122. Suspension, revocation or cancellation; notice to holders of perfected security interests
Except as it may affect a security interest properly perfected other than pursuant to Section 9305 of the Commercial Code, the department may suspend, revoke, or cancel any certificate of title valid on its face for any violation of the provisions of this chapter relating to certificates of title. The department shall notify all persons or entities with perfected security interests at the time that such an action is taken.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
18122.5. Failure to execute and deliver title and registration documents; dealer's satisfaction of delivery requirement
It is unlawful for any person to fail or neglect properly to endorse, date, and deliver the certificate of title and, when having possession, to fail to deliver the registration card to a transferee who is lawfully entitled to a transfer of registration. Except when the certificate of title is demanded in writing by a purchaser, a manufactured home, mobilehome, or commercial coach dealer, licensed, as provided by this part, shall satisfy the delivery requirement of this section by submitting appropriate documents and fees to the department for transfer of registration in accordance with this part and rules and regulations promulgated thereunder.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
18123. Collection of use tax; refund; transmittal; reimbursement for costs; computation
(a) The department shall withhold the registration or the transfer of registration of any manufactured home, mobilehome, commercial coach, or truck camper sold at retail to any applicant by any person, other than a manufactured home, mobilehome, commercial coach or truck camper manufacturer or dealer holding a license and certificate issued as provided for by this part, until the applicant pays to the department the use tax measured by the sales price of the manufactured home, mobilehome, commercial coach, or truck camper as required by the Sales and Use Tax Law (Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), together with penalty, if any, unless the State Board of Equalization finds that no use tax is due. If the applicant so desires, he or she may pay the use tax and penalty, if any, to the department so as to secure immediate action upon his or her application for registration or transfer of registration, and thereafter he or she may apply through the department to the State Board of Equalization under the provisions of the Sales and Use Tax Law for a refund of the amount so paid.
(b) The department shall transmit to the State Board of Equalization all collections of use tax and penalty made under this section. This transmittal shall be made at least monthly, accompanied by a schedule, in the form the department and board may prescribe.
(c) The State Board of Equalization shall reimburse the department for its costs incurred in carrying out the provisions of this section. The reimbursement shall be effected under agreement between the agencies, approved by the Department of Finance.
(d) In computing any use tax or penalty thereon under the provisions of this section, a fraction of a dollar shall be disregarded, unless it exceeds fifty cents ($0.50), in which case it shall be treated as the next higher full dollar. Computation of any penalty shall be made from the tax after the same has been computed as provided in this section. Any tax or penalty in the amount of one dollar ($1) or less shall be one dollar ($1). Payment of tax and penalty on this basis shall be deemed full compliance with the requirements of the Sales and Use Tax Law insofar as the requirements are applicable to the use of manufactured homes, mobilehomes, commercial coaches, or truck campers to which this section relates.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1527, Stats. of 1984, eff. 1/1/85.)
18123.5. Dealer violations; administrative service fees; causes for discipline
(a) A dealer who violates paragraphs (1), (2), or (3) of subdivision (b) of Section 18080.5 shall pay to the department an administrative service fee of five dollars ($5) for each violation.
(b) A dealer who violates paragraph (4) of subdivision (b) of Section 18080.5, when selling, leasing, or renting a manufactured home, mobilehome, or commercial coach, shall pay to the department an administrative service fee as follows:
(1) If the application is submitted after 10 calendar days but within 20 calendar days from the date of sale, lease, or rental; ten dollars ($10).
(2) If the application is submitted after 20 calendar days but within 30 calendar days from the date of sale, lease, or rental; twenty dollars ($20).
(3) If the application is submitted after 30 calendar days but within 60 calendar days from the date of sale, lease, or rental; forty dollars ($40).
(4) If the application is submitted after 60 calendar days from the date of sale, lease, or rental; two hundred dollars ($200).
(c) Each violation of subdivision (b) of Section 18080.5 shall be, in addition to the obligation to pay the administrative service fee, a separate cause for discipline pursuant to Section 18058.
(d) Nonpayment of an administrative service fee within 10 days after written demand from the department shall be a separate cause for discipline pursuant to Section 18058.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 40, Stats. of 1982, eff. 2/17/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1124, Stats. of 1983, operative 7/1/84.)
(Amended by Ch. 1144, Stats. of 1989, eff. 9/30/89.)
18124. Seizure of documents or decals expired, revoked, suspended or cancelled
The department, the Department of the California Highway Patrol, or any regularly employed and salaried police officer or deputy sheriff may take possession of any certificate, card, permit, transportation decal or registration decal issued under this part which has expired, been revoked, cancelled, or suspended; which is fictitious, or which has been unlawfully or erroneously issued or affixed.
This section shall not be applicable to any insignia issued pursuant to Section 18026 or to any manufactured home or mobilehome label issued pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et seq).
Any document or decal seized shall be expeditiously delivered to the department with a brief written explanation of the circumstances.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
(Amended by Ch. 1076, Stats. of 1983, eff. 1/1/84.)
(Amended by Ch. 1023, Stats. of 1986, eff. 1/1/87.)
18124.5. Alteration, forgery, counterfeiting or falsifying documents or decals; felony; punishment
Every person who, with intent to defraud, alters, forges, counterfeits, or falsifies any certificate of title, registration card, certificate, registration decal, or permit provided for by this part or any comparable certificate of title, registration card, certificate, decal, insignia, or label, with intent to represent it as issued by the department or who alters, forges, counterfeits, or falsifies with fraudulent intent any endorsement of transfer on a certificate of title, or who with fraudulent intent displays or causes or permits to be displayed or has in his or her possession any blank, incomplete, canceled, suspended, revoked, altered, forged, counterfeit, or false certificate of title, registration card, certificate, registration decal, or permit or who utters, publishes, passes, or attempts to pass, as true and genuine, any of the above-named false, altered, forged, or counterfeited matters knowing it to be false, altered, forged, or counterfeited with intent to prejudice, damage, or defraud any person, or who, with fraudulent intent, provides false information regarding an allegedly lost, stolen, damaged, or otherwise unavailable certificate of ownership, certificate of title, registration card, or statement of lien, is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state prison or in the county jail for not more than one year.
(Added by Ch. 975, Stats. of 1981, eff. 1/1/82.)
CHAPTER 9. MOBILEHOME OMBUDSMAN
18150. Legislative finding and declaration
The Legislature finds and declares that increasing numbers of Californians live in manufactured homes and mobilehomes and that most of those manufactured home and mobilehome owners reside in mobilehome parks. Because of the growing number of problems and complaints dealing with various aspects of living in manufactured homes and mobilehomes, it is necessary to designate a Mobilehome Ombudsman within the Department of Housing and Community Development to better provide assistance to the public in handling and coordinating the resolution to those problems and complaints.
(Added by Ch. 986, Stats. of 1986, eff. 1/1/87.)
18151. Establishment of position; duties of ombudsman and limits on power
(a) The position of Mobilehome Ombudsman is hereby established in the Department of Housing and Community Development.
(b) Except as provided in subdivision (c), the ombudsman shall provide assistance in taking complaints, and helping to resolve and coordinate the resolution of those complaints, from the public relating to manufactured homes and mobilehomes, including, but not limited to, problems of titling and registration, installation, warranties, financing, other than financing by a supervised financial organization, as defined in Section 1801.6 of the Civil Code, sales, inspection of homes and parks, mobilehome accessories and improvements, and problems relating to the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).
(c) The ombudsman shall not arbitrate, mediate, negotiate, or provide legal advice on mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements, but may provide information on these issues.
(d) The ombudsman shall refer any alleged violations of law or regulations within the Department of Housing and Community Development's jurisdiction to the Division of Codes and Standards within the Department of Housing and Community Development.
(Added by Ch. 986, Stats. of 1986, eff. 1/1/87.)
(Amended by Ch. 333, Stats. of 1988, eff. 1/1/89.)
(Amended by Ch. 189, Stats. of 1989, eff. 1/1/90.)
18152. Designation by governor
The Governor shall designate a deputy director in the Department of Housing and Community Development to serve as the Mobilehome Ombudsman.
(Added by Ch. 986, Stats. of 1986, eff. 1/1/87.)
18153. Procedures to deal with complaints; establishment; forms and materials; coordination of efforts with other agencies
The Mobilehome Ombudsman shall establish procedures to deal with complaints, including the publication of complaint forms and written materials which shall be made available to the public informing them of the functions of the Mobilehome Ombudsman and providing information on manufactured homes and mobilehomes. The ombudsman shall work with, and coordinate his or her efforts with, other divisions and sections of the department and with other agencies of state and local government.
(Added by Ch. 986, Stats. of 1986, eff. 1/1/87.)
18154. (Repealed by Ch. 189, Stats. of 1989, eff. 1/1/90.)
CHAPTER 10. MANUFACTURED HOME AND MOBILEHOME
DISCLOSURE TASK FORCE
18160. Housing; manufactured homes and mobilehomes
(a) It is the intent of the Legislature in enacting the requirements of subdivision (b) of Section 1102 of the Civil Code, relating to disclosure in the resale of manufactured homes and mobilehomes, that the Senate and the Assembly jointly appoint an advisory task force, composed of representatives of mobilehome owners, mobilehome park owners, mobilehome dealers, real estate brokers, the Department of Housing and Community Development, and other organizations or persons knowledgeable about manufactured homes and mobilehomes, to review and propose modifications or additions to Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code, including changes to the disclosure form set forth in Section 1102.6 of the Civil Code that may be necessary to make Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code fully applicable to manufactured homes or mobilehomes, which are not defined as real property. The advisory task force shall, no later than January 1, 1998, report its findings and recommendations to the Legislature.
(b) This chapter shall remain in effect only until January 1, 1999, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1999, deletes or extends that date.
(Added by Ch. 677, Stats of 1996, eff. 1/1/97)
(Amended by Ch. 71, Stats. of 1997, eff. 7/14/97)