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California Code, Civil Code - CIV § 1102.6d

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Except for manufactured homes and mobilehomes located in a common interest development governed by Part 5 (commencing with Section 4000) of Division 4, the disclosures applicable to the resale of a manufactured home or mobilehome pursuant to subdivision (b) of Section 1102 are set forth in, and shall be made on a copy of, the following disclosure form:

?

MANUFACTURED HOME AND MOBILEHOME:

TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE MANUFACTURED HOME OR MOBILEHOME (HEREAFTER REFERRED TO AS ?HOME?) LOCATED AT ____________________ IN THE CITY OF __________, ?COUNTY OF __________, ?STATE OF CALIFORNIA, ?DESCRIBED AS

___________________________________________________________________________________________________

YEAR

MAKE

SERIAL #(s)

HCD DECAL # or Equivalent

THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE-DESCRIBED HOME IN COMPLIANCE WITH SUBDIVISION (b) OF SECTION 1102 OF THE CIVIL CODE AND SECTIONS 18025 AND 18046 OF THE HEALTH AND SAFETY CODE AS OF

DATE?

IT IS NOT A WARRANTY OF ANY KIND BY THE LAWFUL OWNER OF THE MANUFACTURED HOME OR MOBILEHOME WHO OFFERS THE HOME FOR SALE (HEREAFTER THE SELLER), OR ANY AGENT(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN, AN ?AGENT? MEANS ANY DEALER OR SALESPERSON LICENSED PURSUANT TO PART 2 (COMMENCING WITH SECTION 18000) OF THE HEALTH AND SAFETY CODE, OR A REAL ESTATE BROKER OR SALESPERSON LICENSED PURSUANT TO DIVISION 4 (COMMENCING WITH SECTION 10000) OF DIVISION 13 OF THE BUSINESS AND PROFESSIONS CODE.

I

COORDINATION WITH OTHER DISCLOSURE & INFORMATION

This Manufactured Home and Mobilehome Transfer Disclosure Statement is made pursuant to Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code. ?Other statutes require disclosures, or other information may be important to the prospective buyer, depending upon the details of the particular transaction (including, but not limited to, the condition of the park in which the manufactured home or mobilehome will be located; ?disclosures required or information provided by the Mobilehome Residency Law. ?Section 798 of the Civil Code et seq.; ?the mobilehome park rental agreement or lease: ?the mobilehome park rules and regulations; ?and park and lot inspection reports, if any, completed by the state or a local enforcement agency). ?Substituted Disclosures: ?The following disclosures have or will be made in connection with this transfer, and are intended to satisfy the disclosure obligations of this form, where the subject matter is the same:

? Home inspection reports completed pursuant to the contract of sale or receipt for deposit.

? Additional inspection reports or disclosures: ?__________________________________________________

II

SELLER'S INFORMATION

The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective buyers may rely on this information in deciding whether, and on what terms, to purchase the subject Home. ?Seller hereby authorizes any agent(s), as defined in Section 18046 of the Health and Safety Code, representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the Home.

THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AND ARE NOT THE REPRESENTATIONS OF THE AGENT(S), IF ANY, AS DEFINED IN SECTION 18046 OF THE HEALTH AND SAFETY CODE. ?THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND THE SELLER.

Seller ___ is ___ is not occupying the Home.

A.?The subject Home includes the items checked below which are being sold with the Home (read across):*

___Range

___Oven

___Microwave

___Dishwasher

___Trash Compactor

___Garbage Disposal

___Burglar Alarm

___Fire Alarm

___TV Antenna

___Carbon Monoxide

___Intercom

___Central Heating

???Device(s)

___Wall/Window Air Cndtng.

___Evaporative Cooler(s)

___Satellite Dish

___Water Softener

___Porch Decking

___Central Air Cndtng.

___Gazebo

___Private Sauna

___Sump Pump

___Spa Locking Safety Cvr

___Private Hot Tub

___Porch Awning

___Gas/Spa Heater

___Solar/Spa Heater

___Private Spa

___Solar Water Heater

___Electric Water Heater

___Hot Tub Locking Cvr

___Bottled Propane

___Gas Water Heater

___Carport Awning

___Automatic Garage Door Opener(s)

___Attached Garage

___Detached Garage

___Window Secure Bars

___# Remote Controls

___Window Screens

___Earthquake Resistant

___Bedroom Window Quick Release Mechanism

???Bracing System

___Washer/Dryer Hookups

___Rain Gutters

Exhaust Fan(s) in ____________________ 220 Volt Wiring in ____________________________________________________________

Fireplace(s) in _________________________ Gas Starter(s) __________________________________________________________________

Roof(s) and type(s) _________________ Roof age (Approximate) ______________________________________________________

Other _____________________________________________________________________________________________

* Installation of a listed appliance, device, or amenity is not a precondition of sale or transfer of the home. ?The carbon monoxide device, garage door opener, or child-resistant pool barrier may not be in compliance with the safety standards relating to, respectively, carbon monoxide device standards of Chapter 8 (commencing with Section 13260) of Part 2 of Division 12 of, automatic reversing device standards of Chapter 12.5 (commencing with Section 19890) of Part 3 of Division 13 of, or the pool safety standards of Article 2.5 (commencing with Section 115920) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code. ?Window security bars may not have quick-release mechanisms in compliance with the 1995 edition of the California Building Standards Code.

Are there, to the best of your (Seller's) knowledge, any of the above that are not in operating condition? ?___ Yes ___No. ?If yes, then describe. ?(Attach additional sheets if necessary): ?

___________________________________________________________________________________________________

B.?Are you (the Seller) aware of any significant defects/malfunctions in any of the following in connection with the Home?

___Yes ___No If yes, check appropriate space(s) below:

___Interior Walls, ___Ceilings, ___Floors, ___Exterior Walls, ___Insulation,

___Roof(s), ___Windows, ___Doors, ___Home Electrical Systems, ___Plumbing,

___Porch or Deck, ___Porch Steps & Railings, ___Other Steps & Railings,

___Porch Awning, ___Carport Awning, ___Other Awnings, ___Skirting,

___Home Foundation or Support System,

___Other Structural Components (Describe: ?__________)

___________________________________________________________________________________________________

If any of the above is checked, explain. ?(Attach additional sheets if necessary): ?__________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

C.

Are you (the Seller) aware of any of the following:

?1. Substances, materials, or products which may be an environmental hazard, such as, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, or chemical storage tanks on the subject home interior or exterior

___ Yes

___ No

?2. Room additions, structural modifications, or other alterations or repairs made without necessary permits

___ Yes

___ No

?3. Room additions, structural modifications, or other alterations or repairs not in compliance with applicable codes

___ Yes

___ No

?4. Any settling from slippage, sliding or problems with leveling of the home or the foundation or support system

___ Yes

___ No

?5. Drainage or grading problems with the home, space or lot ????????????????????????

___ Yes

___ No

?6. Damage to the home or accessory structures being sold with the home from fire, flood, earthquake, or landslides

___ Yes

___ No

?7. Any notices of abatement or citations against the home or accessory structures being sold with the home

___ Yes

___ No

?8. Any lawsuits by or against the seller threatening to or affecting the home or the accessory structures being sold with the home, including any lawsuits alleging any defect or deficiency in the home or accessories sold with the home

___ Yes

___ No

?9. Neighborhood noise problems or other nuisances ??????????????????????????????????

___ Yes

___ No

10. Any encroachment, easement, nonconforming use or violation of setback requirements with the home, accessory structures being sold with the home, or space

___ Yes

___ No

If the answer to any of these is yes, explain. ?(Attach additional sheets if necessary.): ?________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

D.

1. The Seller certifies that the home, as of the close of escrow, will be in compliance with Section 13113.8 of the Health and Safety Code by having operable smoke detectors(s) which are approved, listed, and installed in accordance with the State Fire Marshal's regulations and applicable local standards.

2. The Seller certifies that the home, as of the close of escrow, will be in compliance Section 19211 of the Health and Safety Code by having the water heater tank(s) braced, anchored, or strapped in place in accordance with applicable law.

Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller.

Seller __________________________________________

Date ____________________________________________

Seller __________________________________________

Date ____________________________________________

III

AGENT'S INSPECTION DISCLOSURE

(To be completed only if the Seller is represented by an Agent in this transaction)

THE UNDERSIGNED, BASED ON THE ABOVE INQUIRY OF THE SELLER(S) AS TO THE CONDITION OF THE HOME AND BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE HOME IN CONJUNCTION WITH THAT INQUIRY, STATES THE FOLLOWING:

? Agent notes no items for disclosure.

? Agent notes the following items:

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

Agent

Representing

______________________________

By

______________________________

Date

________

Seller

(Please Print)

(Signature)

IV

AGENT'S INSPECTION DISCLOSURE

(To be completed only if the Agent who has obtained the offer is other than the Agent above.)

THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE ACCESSIBLE AREAS OF THE HOME, STATES THE FOLLOWING:

? Agent notes no items for disclosure.

? Agent notes the following items:

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

___________________________________________________________________________________________________

Agent

Representing

______________________________

By

______________________________

Date

________

Buyer

(Please Print)

(Signature)

V

BUYER(S) AND SELLER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/ OR INSPECTIONS OF THE HOME AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THE BUYER(S) AND SELLER(S) WITH RESPECT TO ANY ADVICE/ INSPECTIONS/DEFECTS.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Seller ____________________ Date __________ Buyer ____________________ Date __________

Seller ____________________ Date __________ Buyer ____________________ Date __________

Agent

Representing

______________________________

By

______________________________

Date

________

Seller

(Please Print)

(Signature)

?

Agent

Representing

______________________________

By

______________________________

Date

________

Buyer

(Please Print)

(Signature)

VI

SECTION 1102.3a OF THE CIVIL CODE PROVIDES A PROSPECTIVE BUYER WITH THE RIGHT TO RESCIND THE PURCHASE OF THE MANUFACTURED HOME OR MOBILEHOME FOR AT LEAST THREE DAYS AFTER DELIVERY OF THIS DISCLOSURE. ?IF DELIVERY OCCURS AFTER THE SIGNING OF AN OFFER TO PURCHASE. ?IF YOU WISH TO RESCIND THE CONTRACT, YOU MUST ACT WITHIN THE PRESCRIBED PERIOD.

A MANUFACTURED HOME OR MOBILEHOME DEALER OR A REAL ESTATE BROKER IS QUALIFIED TO PROVIDE ADVICE ON THE SALE OF A MANUFACTURED HOME OR MOBILEHOME. ?IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

Cite this article: FindLaw.com - California Code, Civil Code - CIV § 1102.6d - last updated January 01, 2019 | https://codes.findlaw.com/ca/civil-code/civ-sect-1102-6d.html


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