18060.5
. With respect to business practices, it is unlawful to do
any of the following:
(a) Knowingly purchase, sell, or otherwise acquire or dispose of a
stolen manufactured home, mobilehome, or commercial modular.
(b) Violate any of the terms or provisions of regulations
promulgated under the authority of Section 18015.
(c) Cause the state or any person to suffer any loss or damage by
reason of any fraud or deceit practiced on them or fraudulent
representations made to any person in the sale or purchase of a
manufactured home, mobilehome, or commercial modular or parts or
accessories thereof.
(d) Violate any of the terms and conditions of Chapter 3
(commencing with Section 1797) of Title 1.7 of Part 4 of Division 3
of the Civil Code.
(e) Move a manufactured home, mobilehome, or commercial modular
subject to registration pursuant to this part from a mobilehome park
or other site of installation to another location, without obtaining
from the legal owner, written consent for the move as prescribed in
Section 18099.5.
(f) Include as an added cost to the selling price of a
manufactured home, mobilehome, or commercial modular, an amount for
licensing or transfer of title of the manufactured home, mobilehome,
or commercial modular, which amount is not due to the state unless,
prior to the sale, the amount has been paid by a dealer to the state
in order to avoid penalties that would have accrued because of late
payment of those fees. However, a dealer may collect from the second
purchaser of a manufactured home, mobilehome, or commercial modular,
a prorated fee based upon the number of months remaining in the
registration year for that manufactured home, mobilehome, or
commercial modular, if the manufactured home, mobilehome, or
commercial modular was previously sold by the dealer and the sale was
subsequently rescinded and all the fees that were paid, as required
by this part and Chapter 2 (commencing with Section 10751) of
Division 2 of the Revenue and Taxation Code, were returned to the
first purchaser of the manufactured home, mobilehome, or commercial
modular.
(g) Participate in the sale of a manufactured home, mobilehome, or
commercial modular reported to the department pursuant to this part
without making the return and payment of any sales tax due and
required by Section 6451 of the Revenue and Taxation Code.
(h) Fail to exercise reasonable supervision over the activities of
employees who negotiate or promote the sale of manufactured homes,
mobilehomes, or commercial modulars.
(i) Display for sale, offer for sale, or sell, a manufactured
home, mobilehome, or commercial modular, representing that
manufactured home, mobilehome, or commercial modular to be of a year
model different from the year model designated at the time of
manufacture or first assembly as a completed manufactured home,
mobilehome, or commercial modular.
(j) Directly or indirectly authorize or advise another licensee to
change the year model of a manufactured home, mobilehome, or
commercial modular in the inventory of the other licensee.
(k) Fail, at the time that the seller enters into a net listing
agreement, to disclose in writing as part of the listing agreement in
12-point boldface type all of the following:
(1) That a buyer's offer may be in excess of the amount that the
seller has agreed to accept as a purchase price in the listing
agreement.
(2) That the dealer may retain any amount in excess of the amount
the seller has agreed to as the purchase price in the listing
agreement as the dealer's compensation or commission.
(3) That additional costs or payments involved in the sales
transaction may be deducted or made from the amount the seller has
agreed to accept as the purchase price in the listing agreement by
the close of escrow.
(l) Fail, within three days after the date a buyer's written offer
to purchase a mobilehome or manufactured home that is not a new
mobilehome or manufactured home is accepted, but no less than 48
hours prior to the close of escrow or transfer of title to the
mobilehome or manufactured home from the seller to the buyer, to
disclose to the seller in a document, signed or initialed by the
seller and the dealer, that is an addendum to the disclosure required
in subdivision (k), the exact amount of the buyer's offer and the
specific amounts of any commission. The dealer shall submit a copy of
the disclosure required by subdivision (k) and this subdivision into
escrow and maintain, at the dealer's place of business, a copy of
that disclosure for three years from the date of sale. The escrow
agent shall ensure that the disclosure deposited into escrow is
executed and complete. However, nothing in this subdivision shall be
construed to require the escrow agent to be responsible for
determining the accuracy of any of the statements in that disclosure.