Section 18046 Of Article 1. General Requirements From California Health And Safety Code >> Division 13. >> Part 2. >> Chapter 7. >> Article 1.
18046
. (a) An "agent" for purposes of this section and Section
18025, means a dealer or salesperson licensed pursuant to this part,
or a real estate broker or salesperson licensed pursuant to Division
4 (commencing with Section 10000) of the Business and Professions
Code.
(b) A "seller" for the purposes of this section and Section 18025
means the lawful owner of the manufactured home or mobilehome
offering the home for sale. For purposes of this section and Section
18025, the exemptions enumerated by Section 1102.2 of the Civil Code
shall be applicable to the transfer of a manufactured home or
mobilehome.
(c) The sale of used manufactured homes or 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.
(d) It is the duty of a dealer or salesperson, licensed under this
chapter, to a prospective buyer of a used manufactured home or
mobile home, subject to registration pursuant to this part, to
conduct a reasonably competent and diligent visual inspection of the
home offered for sale and to disclose to that prospective buyer all
facts materially affecting the value or desirability of the home that
an investigation would reveal, if that dealer or salesperson has a
written contract with the seller to find or obtain a buyer or is a
dealer or salesperson who acts in cooperation with others to find and
obtain a buyer. Where a transfer disclosure statement is required
pursuant to subdivision (b) of Section 1102 of the Civil Code, a
dealer or salesperson shall discharge that duty by completing the
agent's portion of the transfer disclosure statement that a seller
prepares and delivers to a prospective buyer pursuant to subdivision
(b) of Section 1102 of the Civil Code. If no transfer disclosure
statement is required, but the transaction is not exempt under
Section 1102.2 of the Civil Code, a dealer shall discharge that duty
by completing and delivering to the prospective buyer an exact
reproduction of Sections III, IV, and V of the transfer disclosure
statement required pursuant to subdivision (b) of Section 1102 of the
Civil Code.