18053.5
. (a) Except as otherwise provided in this section, every
applicant for a manufactured home, mobilehome, or commercial coach
dealer's or salesperson'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.