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MOBILEHOMES-MANUFACTURED HOUSING ACT OF 1980
substantial damage to the manufactured home, mobilehome, commercial coach, truck camper, or floating home other than
wear and tear from normal usage.
In addition, no deficiency judgment shall lie in any event under a deed of trust or mortgage or note on a floating home
serving as a dwelling for not more than four families given to a lender to secure payment of a loan which was in fact used
to pay for all or part of the purchase price of that dwelling occupied, entirely or in part, by the purchaser.
§ 18039. Prohibition against waiver of rights
No agreement entered into pursuant to this chapter shall contain any provision by which the buyer waives his or her
rights under this chapter, and any waiver shall be deemed contrary to public policy and shall be void and unenforceable.
§ 18039.1. Law governing procedures for notice of default and sale
Notwithstanding any other provision of law to the contrary, if a manufactured home or mobilehome is affixed to a permanent
foundation pursuant to Section 18551, or security for the manufactured home or mobilehome loan includes the real
property it is affixed to or installed upon, procedures for notice of default and sale shall be governed by Chapter 2
(commencing with Section 2920) of Title 14 of the Civil Code and shall not be governed by the provisions of this
chapter.
§ 18039.5. Applicability of chapter; Effect of other consumer sales statutes
(a) The provisions of this chapter, except Section 18037.5, shall not apply to any loan or credit sale secured by a
manufactured home or mobilehome subject to registration under this part unless the loan or credit sale was made under
circumstances which required disclosures under Regulation Z, as defined by Section 18036.5.
(b) In no respect shall the sale or financing of a manufactured home or mobilehome subject to this chapter and of any
goods or services sold in conjunction with the sale of the manufactured home or mobilehome be subject to the Retail
Installment Sales Act, Chapter 1 (commencing with Section 1801) of Title 2 of Part 4 of Division 3 of the Civil Code or the
Automobile Sales Finance Act, Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil
Code.
Chapter 6 MULTIPLE LISTING BETWEEN DEALERS OF MANUFACTURED HOMES,
MOBILEHOMES, OR COMMERCIAL COACHES
§ 18040. Solicitation of listings; Multiple listing arrangements
(a) With respect to the sale of any manufactured home, mobilehome, or commercial coach that has not been
previously installed on a foundation system pursuant to Section 18551, a dealer may solicit or obtain listings, engage in the
multiple listing only with other dealers, or engage in payments only to other dealers or groups of dealers, pursuant to
cooperative brokering and referral arrangements or agreements on the sale of only a manufactured home,
mobilehome, or commercial coach which has been titled by the department.
(b) With respect to the resale of any manufactured home or mobilehome that has not been previously installed on a
foundation system pursuant to subdivision (a) of Section 18551, a dealer may solicit or obtain listings, engage in multiple
listing, or engage in payments with other dealers, groups of dealers, or with real estate licensees licensed pursuant to Chapter
3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code.
§ 18040.5. Suspension or revocation of dealer’s license
The department, after notice and hearing, may suspend or revoke a dealer’s license upon determining that the
dealership has committed any of the acts or omissions specified in Section 18062.
Chapter 7 OCCUPATIONAL LICENSES
Article 1 General Requirements
§ 18045. Requirement of license or temporary permit
It shall be unlawful for any person to act as a licensee within this state without having first procured a license or temporary
permit issued by the department pursuant to this chapter, or when a license or temporary permit has been canceled,
suspended, revoked, invalidated, expired, or the terms and conditions of an agreement for a stipulated penalty entered into
pursuant to Section 18064.5 have not been fulfilled.
§ 18045.5. Established place of business required for license; Requirements; Inspection
(a) The department shall not issue a manufacturer, distributor, or dealer license to any applicant therefor who
does not have an established place of business.
(b) In the case of a dealer or distributor, the established place of business shall have an office located within the State
of California. In the case of a manufacturer, the established place of business shall have a manufacturing area defined by
department regulations situated on the same property. When a room or rooms in a hotel, roominghouse, apartment house
building, or a part of any single–unit or multiple–unit dwelling house is used as an office or offices of an established place of
business, the room or rooms shall be devoted exclusively to, and occupied for, the office or offices of the licensee, shall be
located on the ground floor, and shall provide a direct entrance into the room or rooms from the exterior of the building.
(c) The established place of business shall be open for inspection of the premises, pertinent records, and
manufactured homes, mobilehomes, or commercial coaches by any department representative during business hours. If
records are kept at a location other than the principal dealer business location, that other location shall be open for
inspection of the premises and pertinent records during normal business hours.
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