Section 5057 - RepresentationsA dealer or salesperson shall not do any of the following:
(a) Knowingly make a material misrepresentation to the owner or seller of a MH-Unit or commercial modular of its likely market value, either for the purpose of securing a listing or for the purpose of acquiring an interest in the MH-Unit or commercial modular for the licensee's own account.(b) State or imply to an owner or seller of a MH-Unit or commercial modular during listing negotiations that the licensee is precluded by law, regulation or by the rules of any group or organization of licensees, from charging less than the commission or fee quoted to the owner by the licensee.(c) Fail in a transaction for the sale, lease or exchange of a MH-Unit or commercial modular to disclose to a prospective purchaser or lessee facts known to the licensee materially affecting the value or desirability of the MH-Unit or commercial modular, when the licensee has reason to believe that such facts are not known to, nor readily observable by a prospective purchaser or lessee.(d) When seeking a listing, represent to an owner or seller of the MH-Unit or commercial modular that the soliciting licensee has obtained a bona fide written offer to purchase the MH-Unit or commercial modular, unless at the time of representation the licensee has possession of a bona fide written offer to purchase.(e) Fail to present or cause to be presented to the registered owner or seller of the MH-Unit or commercial modular any offer to purchase or lease received prior to the preparation of the purchase documents or rental agreement.(f) Present competing offers to the seller to purchase the MH-Unit or commercial modular in such a manner as to induce the owner or seller to accept the offer which will provide the greatest compensation to the dealer, without regard to the benefits, advantages, and/or disadvantages to the owner or seller.(g) Knowingly underestimate the probable closing costs in a transaction in a communication to the prospective purchaser or seller of a MH-Unit or commercial modular in order to induce that person to make or to accept an offer to purchase the MH-Unit or commercial modular.(h) Fail to explain to the parties or prospective parties to a transaction the meaning and probable significance of a contingency in an offer or contract that the licensee knows or reasonably believes may affect the closing date of the transaction, or the timing of the vacating of the MH-Unit or commercial modular by the seller or its occupancy by the purchaser.(i) Knowingly make a false or misleading representation to the seller or purchaser of a MH-Unit or commercial modular as to the form, amount and/or treatment of a deposit toward purchase.(j) Refund all or part of an offeror's purchase money deposit in a MH-Unit or commercial modular sales transaction after the registered owner has accepted the offer to purchase, unless the licensee has the express permission of the registered owner to make the refund.(k) Fail to disclose the registered owner of a MH-Unit or commercial modular the nature and extent of any direct or indirect ownership interest or security interest that the licensee expects to acquire as a result of the sale. The prospective purchase of the MH-Unit or commercial modular by a person related to the licensee by blood or marriage, by an entity in which the licensee has an ownership interest, or by any other person with whom the licensee occupies a special relationship shall be disclosed.(l) Represent, without a reasonable basis, the nature and/or condition of the interior or exterior features or accessories of a MH-Unit or commercial modular when soliciting an offer.(m) Represent, without a reasonable basis, in the case of the MH-Unit located in a mobilehome park, any characteristics of the mobilehome park or its operation, when soliciting an offer.(n) Fail to respond to reasonable inquiries of a seller as to the status or extent of efforts to market the MH-Unit or commercial modular listed exclusively with the licensee.(o) Fail to disclose to a potential purchaser when discussing the purchase of a MH-Unit or commercial modular, the existence of any direct or indirect ownership interest or security interest of the licensee in the MH-Unit or commercial modular.(p) Fail to disclose to a prospective purchaser of a used MH-Unit that it may become subject to the age limitations as specified in Section 798.73 of the Civil Code within three (3) years from the date of sale to the prospective purchaser.Cal. Code Regs. Tit. 25, § 5057
1. Certificate of Compliance including amendment transmitted to OAL 11-3-82 filed 12-15-82 (Register 82, No. 51).
2. Amendment of subsections (k) and (o) filed 2-1-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
3. Amendment of section and NOTE filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5). Note: Authority cited: Section 18015, Health and Safety Code. Reference: Sections 18007, 18008, 18008.7, 18061, 18062 and 18062.2, Health and Safety Code; Section 798.73, Civil Code.
1. Certificate of Compliance including amendment transmitted to OAL 11-3-82 filed 12-15-82 (Register 82, No. 51).
2. Amendment of subsections (k) and (o) filed 2-1-84; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 84, No. 5).
3. Amendment of section and Note filed 1-29-2010; operative 1-29-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 5).