2010 California Code
Civil Code
Chapter 3. Mobilehome Warranties

CIVIL CODE
SECTION 1797-1797.7



1797.  All new mobilehomes and manufactured homes sold to a buyer
shall be covered by the warranty set forth in this chapter.



1797.1.  As used in this chapter:
   (a) "Contractor" means any person who is a general building
contractor within the meaning of Section 7057 of the Business and
Professions Code.
   (b) "Dealer" means any person who is a dealer within the meaning
of Section 18002.6 of the Health and Safety Code.
   (c) "Mobilehome" and "manufactured home" have the meanings,
respectively, defined in Sections 18007 and 18008 of the Health and
Safety Code.
   (d) "Substantial defects in materials and workmanship" means
defects objectively manifested by broken, ripped, cracked, stained,
or missing parts or components, or workmanship resulting in improper
function of materials, components, appliances, or systems as
installed or manufactured by the contractor, dealer, or manufacturer.



1797.2.  (a) The warranty provided for in this chapter shall apply
to the manufacturer of the mobilehome or the manufactured home as
well as to the contractor or dealer who sells the mobilehome or the
manufactured home to the buyer. The warranty shall cover the
electrical, plumbing, heating, cooling, fire safety, and structural
systems, and all appliances of the mobilehome or manufactured home as
installed or manufactured by the contractor, dealer, or
manufacturer.
   (b) Where a manufacturer sells a mobilehome or manufactured home
directly to a city, city and county, or other public agency pursuant
to the exception established in Section 18015.7, the manufacturer
shall be responsible for providing the warranty required by this
chapter.



1797.3.  The mobilehome/manufactured home warranty from the
contractor, manufacturer, or dealer to the buyer shall be set forth
in a separate written document that reprints all of the provisions of
this chapter and shall be delivered to the buyer by the contractor
or dealer at the time the contract of sale is signed, and shall
contain, but is not limited to, the following terms:
   (a) That the mobilehome or manufactured home is free from any
substantial defects in materials or workmanship.
   (b) That the contractor, manufacturer, or dealer or any or all of
them shall take appropriate corrective action at the site of the
mobilehome or manufactured home in instances of substantial defects
in materials or workmanship which become evident within one year from
the date of delivery of the mobilehome or manufactured home to the
buyer, provided the buyer or his or her transferee gives written
notice of those defects to the contractor, manufacturer, or dealer at
their business address not later than one year and 10 days after
date of delivery.
   (c) That the manufacturer and the contractor or dealer shall be
jointly and severally liable to the buyer for the fulfillment of the
terms of warranty, and that the buyer may notify either one or both
of the need for appropriate corrective action in instances of
substantial defects in materials or workmanship.
   (d) That the address and the phone number of where to mail or
deliver written notices of defects shall be set forth in the
document.
   (e) That the one-year warranty period applies to the plumbing,
heating, electrical, cooling, fire safety, and structural systems and
all appliances of the mobilehome or manufactured home.
   (f) That, while the manufacturers of any or all appliances may
also issue their own warranties, the primary responsibility for
appropriate corrective action under the warranty rests with the
contractor or dealer and the manufacturer, and the buyer should
report all complaints to the contractor or dealer and the
manufacturer initially.
   (g) That, if corrective action taken by the manufacturer or the
contractor or dealer fails to eliminate a substantial defect, then
the material, system, appliance, or component shall be replaced in
kind. As used in this subdivision, "replaced in kind" means (1)
replacement with the identical material, system, appliance, or
component, and, if not available (2) replacement with a comparable or
better material, system, appliance, or component.




1797.4.  The warranty under this chapter shall be in addition to,
and not in derogation of, all other rights and privileges which the
buyer may have under any other law or instrument. The contractor,
manufacturer, or dealer shall not require the buyer to waive his or
her rights under this chapter, and any waiver of these rights shall
be deemed contrary to public policy and shall be unenforceable and
void.



1797.5.  Every contractor or dealer shall display a copy of all of
the warranty provisions required by this chapter. The copy of the
warranty provisions required by this chapter shall be posted in each
area where purchase orders and conditional sales contracts are
written.



1797.6.  Manufacturers, contractors, and dealers shall keep records
of all actions taken pursuant to this chapter, including all
correspondence to or from the buyer for a period of three years from
the date of delivery.


1797.7.  The contractor, dealer, or manufacturer shall complete
warranty service to correct all substantial defects within 90 days of
receiving the buyer's written notice specified in subdivision (b) of
Section 1797.3, unless there are circumstances which are beyond the
control of the contractor, dealer, or manufacturer.


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