Cal. Code Regs. tit. 25 § 5531

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 5531 - Changes to Registration of Used Units Registered with the Department or DMV-Dealer Non-Participation Transfers

(a) For each used unit sold, leased with an option to buy, or transferred by any other means, and not installed as a real property unit, other than by a dealer (including transfers by a dealer that has gone out of business prior to completing the registration amendment process), the transferee shall apply for an amendment to the department or DMV registration for that unit within 20 days after the date of sale or lease. The application for registration shall be submitted to the department, and shall meet the requirements of this Section.

(b) The application for registration shall include either:

(1) one of the following titling documents for the unit, endorsed to release the registered owner and report the new registered owner, or one of the alternatives to such endorsements, as required by Section 5533:

1. a certificate of title;

2. an ownership certificate, certificate of ownership or certificate of title issued by DMV; or

3. an application for duplicate certificate of title as described in Section 5550; or

(2) documents that reflect the transfer of the unit to the transferees, which may include the sales contract, purchase order, canceled checks or invoices, and a bond or undertaking and statement that comply with the requirements of Section 5547.

(c) The application for registration shall also include:

(1) unless the registration card is in the possession of the department pursuant to Section 5546.1, either:

(A) the registration card for the unit or

(B) an application for a duplicate registration card as required by Section 5551;

(2) if a notice of escrow opening was required by Section 5571, a notification of escrow closing that meets the requirements of Section 5573;

(3) for each legal owner or junior lienholder to be added to or removed from the unit's registration, the necessary title endorsements, statements or bonds and fees required by Article 8; and

(4) if the unit is a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation, a tax clearance certificate or a conditional tax clearance certificate issued by the tax collector of the county where the unit is located, as required by Section 5547.1.

(d) The transferee shall also submit the following fees:

(1) to register a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation:

(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);

(B) all fees and penalties due and payable pursuant to Sections 18114, and 18114.1 of the Health and Safety Code; or

(2) to register a manufactured home, mobilehome, or multi-unit manufactured housing not subject to local property taxation:

(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);

(B) all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code; or

(3) to register a commercial coach: all fees and penalties due and payable pursuant to Sections 18114, 18115, and 18116 of the Health and Safety Code;

(4) to register a truck camper or floating home: all fees and penalties due and payable pursuant to Section 18114 of the Health and Safety Code;

(5) to register any unit other than a floating home: the transfer fee and transfer penalties due and payable pursuant to subsection 5660(a);

(6) provided that the transferee shall not be responsible for any penalties due as a result of a dealer having gone out of business.

(e) The transferee shall pay use tax, unless exempt therefrom pursuant to Section 5667 or Section 5668.

Cal. Code Regs. Tit. 25, § 5531

1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).
2. Amendment filed 4-1-98; operative 4-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 14).

Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18075.55, 18075.7, 18085, 18103, 18114, 18114.1, 18115, 18116, 18116.5, and 18123.5, Health and Safety Code.