18002.6
. (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.