Section 18035.3 Of Chapter 5. Sales And Escrows From California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 5.
18035.3
. (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 all of 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, if the
requirements of this section are met.