§ 18080.5. — 18080.5. (Amended by Stats. 2016, Ch. 714, Sec. 19.)

California § 18080.5.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 13.: DIVISION 13. HOUSING
• Part 2.: PART 2. MANUFACTURED HOUSING
• Ch. 8.: CHAPTER 8. Registration and Titling of Manufactured Homes, Mobilehomes, and Commercial Coaches
• Art. 2.: ARTICLE 2. General Definitions and Requirements

Text

(a)
A numbered report of sale, lease, or rental form issued by the department shall be submitted each time the following transactions occur by or through a dealer:
(1)
Whenever a manufactured home, mobilehome, or commercial coach previously registered pursuant to this part is sold, leased with an option to buy, or otherwise transferred.
(2)
Whenever a manufactured home, mobilehome, or commercial coach not previously registered in this state is sold, rented, leased, leased with an option to buy, or otherwise transferred.
(b)
The numbered report of sale,
lease, or rental forms shall be used and distributed in accordance with the following terms and conditions:
(1)
A copy of the form shall be delivered to the purchaser.
(2)
All fees and penalties due for the transaction that were required to be reported with the report of sale, lease, or rental form shall be paid to the department within 10 calendar days from the date the transaction is completed, as specified by subdivision (e). Penalties due for noncompliance with this paragraph shall be paid by the dealer. The dealer shall not charge the consumer for those penalties.
(3)
Notice of the registration or transfer of a manufactured home or mobilehome shall be reported pursuant to subdivision (d).
(4)
The original report of sale, lease, or rental form, together with all required documents to report the transaction or make application to register or transfer a manufactured home, mobilehome, or commercial coach, shall be forwarded to the department. Any application shall be submitted within 10 calendar days from the date the transaction was required to be reported, as defined by subdivision (e).
(c)
A manufactured home, mobilehome, or commercial coach displaying a copy of the report of sale, lease, or rental may be occupied without registration decals or registration card until the registration decals and registration card are received by the purchaser.
(d)
In addition to the other requirements of this section,
every dealer upon transferring by sale, lease, or otherwise any manufactured home or mobilehome shall, not later than the 10th calendar day thereafter, not counting the date of sale, give written notice of the transfer to the assessor of the county where the manufactured home or mobilehome is to be installed. The written notice shall be upon forms provided by the department containing any information that the department may require, after consultation with the assessors. Filing of a copy of the notice with the assessor in accordance with this section shall be in lieu of filing a change of ownership statement pursuant to Sections 480 and 482 of the Revenue and Taxation Code.
(e)
Except for transactions subject to Section 18035.26, for purposes of this section, a transaction by or through a dealer shall be deemed completed and
consummated and any fees and the required report of sale, lease, or rental are due when any of the following occurs:
(1)
The purchaser of any commercial coach has signed a purchase contract or security agreement or paid any purchase price, the lessee of a new commercial coach has signed a lease agreement or lease with an option to buy or paid any purchase price, or the lessee of a used commercial coach has either signed a lease with an option to buy or paid any purchase price, and the purchaser or lessee has taken physical possession or delivery of the commercial coach.
(2)
For sales subject to Section 18035, when all the amounts other than escrow fees and amounts for uninstalled or undelivered accessories are disbursed from the escrow account.
(3)
For sales subject to Section 18035.2, when the installation is complete and a certificate of occupancy is issued.
(f)
The department shall charge a fee, not to exceed forty-five dollars ($45), for processing the notice of disposal and any information required for completing the disposal process required pursuant to Sections 798.56a and 798.61 of the Civil Code.
(g)
Notwithstanding any other law, the Department of Housing and Community Development may adopt guidelines related to procedures and forms to implement the new disposal procedures in Chapter 376 of the Statutes of 2015, until regulations are adopted by the department to replace those guidelines.

Legislative History

Amended by Stats. 2016, Ch. 714, Sec. 19. (SB 944) Effective January 1, 2017.