2010 California Code
Health and Safety Code
Article 1. General Requirements

18045.  It shall be unlawful for any person to act as a licensee
within this state without having first procured a license or
temporary permit issued by the department pursuant to this chapter,
or when a license or temporary permit has been canceled, suspended,
revoked, invalidated, expired, or the terms and conditions of an
agreement for a stipulated penalty entered into pursuant to Section
18064.5 have not been fulfilled.



18045.5.  (a) The department shall not issue a manufacturer,
distributor, or dealer license to any applicant therefor who does not
have an established place of business.
   (b) In the case of a dealer or distributor, the established place
of business shall have an office located within the State of
California. In the case of a manufacturer, the established place of
business shall have a manufacturing area defined by department
regulations situated on the same property. When a room or rooms in a
hotel, roominghouse, apartment house building, or a part of any
single-unit or multiple-unit dwelling house is used as an office or
offices of an established place of business, the room or rooms shall
be devoted exclusively to, and occupied for, the office or offices of
the licensee, shall be located on the ground floor, and shall
provide a direct entrance into the room or rooms from the exterior of
the building.
   (c) The established place of business shall be open for inspection
of the premises, pertinent records, and manufactured homes,
mobilehomes, or commercial coaches by any department representative
during business hours. If records are kept at a location other than
the principal dealer business location, that other location shall be
open for inspection of the premises and pertinent records during
normal business hours.


18045.6.  (a) (1) If the manufacturer, distributor, or dealer
changes the site or location of his or her established place of
business, the manufacturer, distributor, or dealer shall immediately,
upon making the change, so notify the department. If a manufacturer,
distributor, or dealer for any reason whatsoever, ceases to be in
possession of an established place of business from and on which he
or she conducts the business for which the manufacturer, distributor,
or dealer is licensed, he or she shall immediately notify the
department and, upon demand by the department, shall deliver to the
department the manufacturer's, distributor's, or dealer's license and
all relevant records in his or her possession.
   (2) The department may place a manufacturer, distributor, or
dealer license on an inactive status upon application of the
licensee. An inactive license shall remain valid for six months or
for the remaining term of the original license, whichever is less.
   (b) If the dealer changes to, or adds, another franchise for the
sale of new manufactured homes, mobilehomes, or commercial coaches,
or cancels, or, for any cause whatever, otherwise loses a franchise
for the sale of new manufactured homes, mobilehomes, or commercial
coaches, he or she shall immediately so notify the department.
   (c) A dealer's established place of business shall have posted in
a place conspicuous to the public the license issued by the
department to the dealer and to each salesperson employed by the
dealer.
   (d) (1) Notwithstanding Section 18050 and this section, a dealer
may display manufactured homes, mobilehomes, or commercial coaches at
a fair, exposition, or similar exhibit for no more than 30 days. As
used in this section, "mobilehome fair or exposition" means a display
of manufactured homes, mobilehomes, or commercial coaches not
limited to one dealer and not in a mobilehome park.
   (2) New manufactured homes or mobilehomes, installed pursuant to
Section 18613, may also be displayed and sold within a mobilehome
park or mobilehome subdivision by dealers. A display home may be used
and equipped only for the sale of the displayed home and shall not
be used as an established place of business, unless licensed as an
established place of business.
   (3) Dealers and salespersons may negotiate listing agreements for
the sale of a used manufactured home or mobilehome which has been
titled by the department, and may negotiate and execute offers to
purchase and purchase documents for the sale of a new or used
manufactured home or mobilehome other than at the established place
of business.
   (e) All manufactured homes, mobilehomes, or commercial coaches
displayed pursuant to subdivision (d) shall be identified by a sign
or device providing information relating to the dealer's name and the
location and address of the dealer's established place of business
and any other information that is required by the department.
   (f) The requirements for an office specified in subdivision (b) of
Section 18045.5 shall not apply to a display location authorized by
subdivision (d), unless licensed as an established place of business.



18045.8.  (a) Notwithstanding Section 18045.5, for an office at a
dealer's established place of business, the department may issue a
temporary permit as provided in Section 18052.
   (b) When a dealer's license applicant has satisfied all other
requirements for a dealer's license, as provided in this part and the
regulations adopted pursuant thereto, except for the office, and the
applicant proposes to purchase a new manufactured home, mobilehome,
or commercial coach for use as the required office, the temporary
permit shall be canceled automatically if the dealer's license
applicant does not purchase a new manufactured home, mobilehome, or
commercial coach and establish it as the required office, or
otherwise establish a complying office, within 60 days of the
temporary permit issuance date.



18046.  (a) An "agent" for purposes of this section and Section
18025, means a dealer or salesperson licensed pursuant to this part,
or a real estate broker or salesperson licensed pursuant to Division
4 (commencing with Section 10000) of the Business and Professions
Code.
   (b) A "seller" for the purposes of this section and Section 18025
means the lawful owner of the manufactured home or mobilehome
offering the home for sale. For purposes of this section and Section
18025, the exemptions enumerated by Section 1102.2 of the Civil Code
shall be applicable to the transfer of a manufactured home or
mobilehome.
   (c) The sale of used manufactured homes or mobilehomes by a real
estate broker or salesperson licensed under Division 4 (commencing
with Section 10000) of the Business and Professions Code shall be
subject to Section 2079 of the Civil Code.
   (d) It is the duty of a dealer or salesperson, licensed under this
chapter, to a prospective buyer of a used manufactured home or
mobile home, subject to registration pursuant to this part, to
conduct a reasonably competent and diligent visual inspection of the
home offered for sale and to disclose to that prospective buyer all
facts materially affecting the value or desirability of the home that
an investigation would reveal, if that dealer or salesperson has a
written contract with the seller to find or obtain a buyer or is a
dealer or salesperson who acts in cooperation with others to find and
obtain a buyer. Where a transfer disclosure statement is required
pursuant to subdivision (b) of Section 1102 of the Civil Code, a
dealer or salesperson shall discharge that duty by completing the
agent's portion of the transfer disclosure statement that a seller
prepares and delivers to a prospective buyer pursuant to subdivision
(b) of Section 1102 of the Civil Code. If no transfer disclosure
statement is required, but the transaction is not exempt under
Section 1102.2 of the Civil Code, a dealer shall discharge that duty
by completing and delivering to the prospective buyer an exact
reproduction of Sections III, IV, and V of the transfer disclosure
statement required pursuant to subdivision (b) of Section 1102 of the
Civil Code.


18046.1.  The standard of care owed by a dealer to a purchaser under
this part is the degree of care that a reasonably prudent dealer
would exercise and is measured by the degree of knowledge through
education, experience, and examination required to obtain a license
under this chapter.