Adobe PDF - California Department of Housing and Community ...
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FREQUENTLY ASKED QUESTIONS<br />
Frequently Asked Questions (FAQ’s) are provided with general answers. For a more<br />
comprehensive underst<strong>and</strong>ing <strong>of</strong> the requirements, references are provided.<br />
1. Q. Why do I need a MH or CM dealer or salesperson license?<br />
A1. Any person acting in the capacity <strong>of</strong> a dealer must be licensed with HCD. A dealer license is<br />
required for a person who is engaged in any <strong>of</strong> the following activities: For commission, money, or<br />
other thing <strong>of</strong> value, sells, exchanges, leases, buys, <strong>of</strong>fers for sale, or negotiates or attempts to<br />
negotiate a sale, or exchange <strong>of</strong> an interest in MH/CM, or induces or attempts to induce any person<br />
to buy or exchange <strong>of</strong> an interest in a MH/CM, <strong>and</strong> who receives or expects to receive a<br />
commission, money, brokerage fees, pr<strong>of</strong>it, management fees, or any other things <strong>of</strong> value from<br />
either the seller or purchaser <strong>of</strong> the MH/CM.<br />
Reference HSC 18002.6 (a).<br />
A2. Any person acting in the capacity <strong>of</strong> a salesperson must be licensed with HCD. Same as the<br />
activities in A1 above. This includes a person that supervises salespersons, such as a general<br />
manager, assistant general manager, sales manager, etc.<br />
Reference HSC 18013 (a).<br />
A3. Any manufacturer that: 1) Sells MH or CM product in <strong>California</strong>, or 2) uses salespersons to<br />
solicit business in <strong>California</strong>, must either obtain a dealer license or sell its product using an existing<br />
HCD licensed dealer.<br />
2. Q. Can I be exempt from the requirements to be licensed as a dealer or salesperson?<br />
A1. There are exceptions to licensing requirements for dealers. Common exceptions include<br />
banks that repossess a MH, than sell it; licensed salespersons working as a employee <strong>of</strong> a licensed<br />
dealer; Mobilehome Parks that acquire MH’s via a warehousemen’s lien; persons holding a valid<br />
real estate broker’s license issued by the <strong>California</strong> <strong>Department</strong> <strong>of</strong> Real Estate (DRE) that sells only<br />
used MH’s/CM’s that have been previously registered with HCD or that have been installed on a<br />
foundation system. Another common exception is for sales executed solely outside <strong>of</strong> <strong>California</strong><br />
<strong>and</strong> with no sales presence within <strong>California</strong> borders.<br />
Reference HSC 18002.6 (b) <strong>and</strong> BPC 10131.6 (not included in this study guide; see OL FAQ item 20 below).<br />
A2. There are exceptions to licensing requirements for salespersons. Common exceptions include<br />
a representative <strong>of</strong> a bank selling a repossessed MH/CM as part <strong>of</strong> their <strong>of</strong>ficial duty or court order;<br />
licensed manufacturers for specific types <strong>of</strong> sales, such as selling to a licensed dealer; a person not<br />
in the business <strong>of</strong> buying or selling MH’s, selling a MH acquired for their own personal use; a<br />
licensed dealer; a licensed DRE salesperson selling a used MH.<br />
Reference HSC 180013 (b) <strong>and</strong> HSC 18062.8 (p).<br />
3. Q. Are there requirements to take the dealer or salesperson examination?<br />
A1. An applicant for a MH dealer or salesperson license must have successfully completed a HCD<br />
approved six-hour preliminary education course within six months <strong>of</strong> taking a MH examination <strong>and</strong><br />
pay the associated fee for the examination. If more than six months lapses before taking the MH<br />
examination, the preliminary education course must be taken again.<br />
Reference HSC 18053.5, T25 sections 5020 (f)(11), 5020 (g)(6), 5022, <strong>and</strong> 5302.<br />
FAQ LEGEND: A = Answer; BPC – <strong>California</strong> Business & Pr<strong>of</strong>essions Code; CM = Commercial Modular; HCD = <strong>California</strong> <strong>Department</strong> <strong>of</strong><br />
<strong>Housing</strong> & <strong>Community</strong> Development; HSC – <strong>California</strong> Health & Safety Code; OL = Occupational Licensing; MH = Manufactured Home,<br />
Multifamily Manufactured Home, <strong>and</strong> Mobilehome; SOS = <strong>California</strong> Secretary <strong>of</strong> State; T25 = <strong>California</strong> Code <strong>of</strong> Regulations, Title 25;<br />
TP = Temporary Permit; Q = Question.<br />
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