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OCCUPATIONAL LICENSING - REGULATIONS
prior to the execution of the purchase agreement, the escrow instructions shall so state and shall require the following
documentation to be delivered into escrow to evidence delivery: a statement signed by both the dealer and the
purchaser indicating that delivery has been received or that delivery has been offered to the purchaser in accordance
with the agreement of the principals and that the purchaser is free to occupy the
MH-Unit to the exclusion of the dealer.
(d) The escrow agent can disburse the amount specified for each accessory specified in Section 5061 of this
subchapter only upon receipt of written notice signed by the dealer that the accessory has been actually installed or
received by the purchaser in the event that installation is not required under the terms of the purchase document.
(e) The escrow agent can disburse the cash or cash equivalent in escrow to the purchaser in the event that the
purchaser was unable to obtain third party financing within thirty (30) calendar days of the escrow opening or the
conditional purchase document was not executed by the date escrow was to have been closed, as specified in Section
5061 of this subchapter.
§ 5063. Waivers
No agreement shall contain any provision by which the purchaser waives any rights to which the purchaser would be
otherwise entitled under this article or any other provision of Health and Safety Code, Division 13, Part 2, Chapter 5.
Waivers cannot result from practices which include, but are not limited to, separate contracts with the selling dealer for
installation of the MH-Unit, separate contracts with the selling dealer for accessories to the manufactured home or
mobilehome, substitution by the dealer of the cash and/or equivalents received as whole or partial payment for the MH-
Unit or accessory thereto, agreements that liquidated damages be taken out of escrow, and granting of power of
attorney, attorney in fact, or agency by the purchaser to the dealer for any purpose other than registration. Such waivers
shall be void and unenforceable.
§ 5064. Records Required
Escrow agents shall maintain records of their handlings of escrows which shall be subject to audit by authorized
representatives of the department or any other appropriate regulatory agency. Such records shall include a copy of the
escrow instructions, and the dates and disbursements of cash and/or cash equivalents. Each escrow transaction processed
by the escrow agent shall be assigned an escrow number by the escrow agent and this number shall be displayed on all
documents relating to that escrow.
Article 7. Public Access to Information Regarding Occupational Licensing
§ 5070. Policy Regarding Disclosure
(a) The department shall provide information regarding license status, compliance, violations substantiated by the
department, and disciplinary action taken against any licensee to any person requesting such information.
(b) The department may set reasonable limits upon the number of requests for information from any person.
(c) The appropriate fee for search and any reproductive costs pursuant to Section 5040 of this subchapter, may be
charged for any request for information.
(d) The department may prepare and disclose statistical data of a summary nature that does not identify individual
licensees, which the department considers such data informative to consumers.
§ 5071. Disclosure of Information Regarding License Status
(a) Upon receipt of written request, the department may disclose to any member of the public, the following license
status information which is on record with the department:
(1) Licensee's name, including all fictitious or business names.
(2) License number.
(3) Business address and telephone number.
(4) Names of all principals and offices held.
(5) Date of original licensure.
(6) Date such license expires, expired, lapsed or was terminated and, if applicable, the reason for termination.
(7) If the licensee is a salesperson, the name of the employing dealer and any information about the employer as
listed above.
§ 5072. Disclosure of Information Regarding Instances of Noncompliance and Complaints
(a) Upon receipt of written request, the department may disclose to any member of the public the following
information with respect to the preceding three (3) calendar years:
(1) The number and general nature of instances of noncompliance or complaints received or discovered by the
department which warranted issuance of a warning letter to the licensee.
(2) The number and general nature of complaints which, upon review by the department, establish a prima facie
case of an instance of noncompliance, other than warranty complaints.
(3) The number and general nature of instances of noncompliance or complaints found to warrant administrative
disciplinary action against the licensee, as evidenced by the filing of an accusation or judicial action by the
department.
(b) If an instance of noncompliance or complaint which was initially determined by the department to be substantiated
is later found by an Administrative Law Judge or a court of law not to constitute a violation of law, and that determination
is not successfully appealed by an interested party, it shall be deleted from the complaint information.
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