Need disclosure
statement when selling
Mobile/Manufactured
Home as-is?
Resale Mobile/Manufactured
Home
As a measure of consumer protection, mobilehome resale disclosure (Civil Code Sec. 1102.6d) became effective in January 2000, making mobilehome sellers and their agents responsible for providing prospective buyers, by close of escrow, with a resale disclosure statement.
The form requires the seller to check off a list of
conditions or defects that may affect the value or condition
of the home.
The seller is not subject to a penalty or fine for failing to provide the disclosure to the buyer, and the fact that disclosure was not made does not invalidate the sale of the home.
However, after purchasing the home, if the buyer discovers defects that were not disclosed by the seller, the fact that the disclosure statement was not provided could affect the outcome of the seller‟s civil liability in court for the defect.
Real estate brokers and dealers are also subject to the disclosure requirements and agent-sales almost always include disclosure.
Homeowners handling the sale of their home without an agent may not be aware of the disclosure requirement and should seek advice of an attorney, escrow agent, or another professional familiar with documents needed for resale of a mobilehome.
The California State Dept. of Housing and Communnity Development (HCD) is not required to notify selling homeowners at the time of title transfer, which normally occurs only after the sale is closed. A copy of the form is available online.
Recap:
● Sellers are advised to provide resale disclosure form, even on as-is sales.
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MANUFACTURED HOMES
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