California Health and Safety Code 18035.1 – (a) As a part of the documents executed for every transaction …
(a) As a part of the documents executed for every transaction by or through a dealer to sell or lease with the option to buy a new or used manufactured home or mobilehome, the dealer and purchaser shall sign a receipt for deposit, a copy of which shall be provided to the purchaser and a copy shall be retained by the dealer for not less than three years. It shall state at least the following in type not less than 6-point type size:
(1) A statement that the purchaser shall receive a copy of the purchase contract and receipt for deposit.
Terms Used In California Health and Safety Code 18035.1
- Contract: A legal written agreement that becomes binding when signed.
- department: means State Department of Health Services. See California Health and Safety Code 20
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- State: means the State of California, unless applied to the different parts of the United States. See California Health and Safety Code 23
(2) A statement that all portions of the purchase documents and receipt for deposit shall be completed prior to obtaining the purchaser’s signature.
(3) A statement of the specific amounts of the deposit, downpayment, or other category of funds required to be placed in escrow prior to closing, and a warning that the deposit may be withheld in escrow in case of a dispute between the purchaser and the dealer.
(4) A statement that the amounts of the deposit and downpayment shall be agreed upon by the purchaser and dealer and shall have been entered on the purchase documents and receipt of deposit prior to the purchaser’s signing.
(5) Sections 18035, 18035.1, and 18035.3 of this code and § 1797.3 of the Civil Code reprinted in their entirety.
(6) A statement that any oral promises or commitments that have been made are not binding unless they appear in writing on the purchase documents.
(7) A warning that a warranty document complying with § 1797.3 of the Civil Code shall be provided to the purchaser of a new manufactured home or mobilehome immediately after signing the purchase documents.
(8) A statement that the terms and duration of any other warranty, not required by law, offered by the dealer shall be in writing.
(9) A statement that, if the purchaser has any complaints with respect to sales practices, delivery, warranty, or other matters related to the manufactured home or mobilehome, he or she may seek administrative relief from the department or legal relief in a court of competent jurisdiction.
(10) A statement that the sale will not be complete until the escrow for the sale closes.
(b) For the sale of a manufactured home or mobilehome not subject to registration by the department, the dealer shall provide a statement of fact, in type not less than 6-point type size, containing the information specified in paragraphs (6), (7), (8), (9), and (10) of subdivision (a) as part of the purchase documents.
(c) Where the sale of a new or used manufactured home or mobilehome subject to registration under this part does not involve a dealer, the department, by regulation, may require the seller and buyer to execute a receipt for deposit containing whatever information of the nature described in this section, the department deems appropriate.
(Amended by Stats. 1996, Ch. 799, Sec. 9. Effective January 1, 1997.)