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FREQUENTLY ASKED QUESTIONS DEALER ESCROW REQUIREMENTS 6) Q: Why is a Dealer regarded as the seller when the MH unit is still owned by the registered owner and what is the significance of that fact? A: HCD has said that simultaneously to when the buyer has paid the purchase price and accepted delivery of the home, and the conditions of escrow have been met, title to the home automatically passes to the dealer for a brief instant in time, thereby enabling the dealer to have the ability to close the escrow, report the sale and guarantee title. At close of escrow the Dealer was the seller. The Dealer and purchaser mutually executed a code specified receipt for deposit (see §18035.1 Health and Safety Code), a purchase order, conditional sales contract, or other document evidencing the purchase contemporaneous with, or prior to, the receipt of any cash from the purchaser. All payments toward the purchase shall only be made payable to the escrow agent. 7) Q: A common school of thought is that an escrow agent only accepts instructions. Assuming that is true, do escrow agents have to be concerned with making sure the escrow instructions they prepare comply with MH unit escrow law? A: Yes. Several years ago Deputy Attorney General Michael Botwin answered this question when he caused an article to be published in "CEA News:' The subject of the article concerned a popular escrow agent that complied with the instructions of her principals on the sale of a new MH unit, Those instructions did not comply with the mobile home escrow law (§18035 Health and Safety Commission); Instead funds were released early and the buyer suffered damages. The Dealer fled. The AG filed suit against the escrow agent. The escrow agent paid the buyer's damages and went out of business. That said, probably the greatest exposure to litigation for an escrow agent derives from civil litigation initiated by consumers or lenders, not government enforcement agencies. Therefore, it may be wise to have a discussion with your attorney prior to accepting instructions that do not conform to the law. 8) Q: For the protection of a Broker's client, wouldn't it be better if the Broker continued their involvement with the transaction until the close of escrow? A: At first blush this sounds good. But the fact is that Brokers probably know no more about HCD law than Dealers know about DRE law. This supports the notion that the only fair thing to do is to excuse the Broker from any further duty once an offer is accepted. The Broker gets referral fee, which seems to imply the Broker has minimal exposure to a valid complaint. 9) Q: What procedure should a Broker follow when an offer is about to be made involving a Dealer co-op? A: You have a duty to disclose to your client that the pending offer involves a Dealer and if the offer is accepted, you will be required to excuse yourself from further participation in the progression of the transaction since the sale must be handled by the Dealer pursuant to HCD law. You may add that you will receive a referral fee. 10) Q: Can someone who is dual-licensed as a Dealer and a Broker cooperate with another Broker pursuant to DRE law instead of HCD law? A: Yes. Someone who is dual-licensed is not required to use one license or the other. The forms and actions used by the dual-licensee dictate which license is in play. Hence, it is possible that someone who is licensed as a Broker can cooperate pursuant to DRE law with someone who is dual-licensed. xiv
What Is It Called? PROLOGUE In addition to creating the state standards for conventional site built housing, the Division of Codes and Standards oversees an industry whose products are known by different names. This sometimes causes confusion. This information should clarify the usage of the different names. What is a Manufactured Home? “Manufactured Homes” are single-family dwellings manufactured in a factory to preemptive federal construction standards. Available designs range from low priced single section homes known as “singlewides,” to upscale homes manufactured in several sections, and even multistory homes. Shown at the left is a model designed for placement on a foundation with the garage constructed after the installation of the three-section home. Note: A “Park Trailer” model is not a manufactured home, it is a recreational vehicle and excluding loft areas may have up to 400 square feet of gross floor area. What is a Multifamily Manufactured Home? Formally known as multi-unit manufactured housing, a multifamily manufactured home is a structure manufactured in one or more transportable sections to form two or more dwelling units into a single structure when installed. Multifamily manufactured homes may be used as a duplex, a dormitory, a hotel, efficiency units, or apartments, installed on a support system or foundation system. Depending on the situation, it may be required to comply with state and/or federal accessibility requirements. xv
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