Section 18035.1 Of Chapter 5. Sales And Escrows From California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 5.
18035.1
. (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.