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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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