Section 5522 - Registration of a New Manufactured Home, Multi-Unit Manufactured Housing, or Commercial Coach when the Dealer Has Gone Out of Business(a) If a dealer goes out of business before completing the registration of a new manufactured home, multi-unit manufactured housing, or commercial coach transferred by the dealer and not installed as a real property unit, the transferee, or if escrow was opened pursuant to Section 18035 of the Health and Safety Code, the escrow agent, shall assume responsibility for the registration process as required by this section.(b) The transferee or, if escrow was opened pursuant to Section 18035 of the Health and Safety Code, the escrow company, shall comply with the dealer requirements of Section 5520 for a new manufactured home or multi-unit manufactured housing and with the dealer requirements of Section 5521 for a new commercial coach, with the following exceptions:(1) In lieu of the dealer report of sale forms required by subsection 5520(b) and 5521(b), the following shall be submitted:(A) a registration information document as required by Section 5541;(B) documents that reflect the purchase of the manufactured home, multi-unit manufactured housing, or commercial coach by the transferee from the dealer, which may include the sales contract, purchase order, canceled checks, or invoices; and(C) a statement signed under penalty of perjury by the transferee that identifies the unit as a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach, includes the applicable unit identifying information, and: 1. explains why the sales contract or purchase order cannot be provided; and2. states whether the original purchase was financed by a lender and, if so, the name, address and telephone number of the lender.(2) If the original MCO required by subsections 5520(c) or 5521(c) is not available, the transferee or, if escrow was opened pursuant to Section 18035 of the Health and Safety Code, the escrow agent, shall: (A) obtain and submit a replacement MCO from the manufacturer as provided in Section 5561, completed to reflect the release of security interest in the unit by the inventory creditor or lienholder as required by subsections 5520(c) or 5521(c); or(B) obtain and submit a replacement MCO from the manufacturer as provided in Section 5561, and, in lieu of the release of security interest in the unit on that replacement MCO, one of inventory creditor release alternatives described in subsection 5520(c) or 5521(c); or(C) if a replacement MCO cannot be provided, post a bond and accompanying statement pursuant to the requirements of Section 5547.(3) Neither the transferee nor any applicable escrow company shall submit any administrative service fees as described in Section 18123.5 of the Health and Safety Code or any penalties required by Sections 18114, 18115, and 18116 of the Health and Safety Code because of the dealer's failure to complete the registration of the unit.Cal. Code Regs. Tit. 25, § 5522
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1). Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035, 18075.5, 18085, 18114, 18115, 18116 and 18123.5, Health and Safety Code.
1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).