Lake County Municipal Code Art. XII Disclosure Notice for Manufactured Home Buyers

115.1 All licensed dealers of manufactured homes operating in the unincorporated areas of the County of Lake, shall provide the Disclosure Notice required by this article to all buyers of manufactured housing prior to the signing of a purchase agreement by or the receipt of a deposit or down payment from any such buyer, whichever occurs first.

115.2 The disclosure notice must contain a buyer's signature line, for the buyer of manufactured housing to sign and date the disclosure notice, as a means of verifying the buyer has been provided with and has had the opportunity to review this disclosure notice. Buyer should be provided with a copy of the document on the day it is signed.

115.3 The disclosure notice provided to buyers must be contained on one page, in twelve (12) point type on yellow, blue, green, or pink paper.

115.4 The disclosure notice must read as follows:

"DISCLOSURE NOTICE — BUYERS OF MANUFACTURED HOMES

All licensed dealers of manufactured housing operating in the unincorporated areas of the County of Lake are required by Lake County Ordinance No. 2840 to make this notice available to all buyers of manufactured housing prior to the buyer signing a purchase agreement or tendering any deposit or down payment, whichever occurs first.

INSPECTIONS

Upon installation, buyers of new manufactured housing on private land in the unincorporated areas of the County of Lake will be issued a certificate of occupancy (installation acceptance) by the Lake County Community Development Department. This agency will inspect the home to ensure compliance with California Health and Safety Code and Lake County building standards. The Community Development may be reached at 707-263-2382. That department will provide buyers with copies of all permits involved in the installation of the buyer's home upon request.

BE AWARE that inspection by Community Development addresses substantial defects of materials and workmanship only. This inspection DOES NOT guarantee the grades or color combinations of materials used. This inspection DOES NOT guarantee — or even address-whether the conditions of the purchase agreement have been met. If a buyer wishes to obtain verification as the grade and/or color combination of materials used and wishes to obtain assurances that the conditions of the purchasing agreement are met, the buyer has the right to, and should, retain the services of a third party to conduct such an inspection.

LEGAL RIGHTS

In addition to the right to hire an independent inspector as described above, Buyers have the following legal rights, unless otherwise specified and agreed to in an agreement:

The right to hire an attorney to review the purchasing agreement. An attorney may assist you in ensuring both the purchasing agreement and the escrow instructions offer you sufficient legal protections and can explain the importance of retaining funds in an escrow account until final inspection, the effect of a binding arbitration clause on your legal rights, and the use of deadlines to ensure performance compliance.

The right to require penalties from the dealer should the dealer fails to deliver and/or install the home in a timely fashion.

The right to retain the right to sue and to stipulate that attorney's fees will be paid to the prevailing party by the opponent.

The right to the protection of an escrow account. Do not sign any agreement which limits your escrow protection. Any agreement which limits your escrow rights is prohibited by law, and any dealer who violates any provisions of the Health and Safety Code can be subject to license disciplinary action by the Department of Housing and Community Development (HCD), a lawsuit by the purchaser or both.

I HAVE READ AND CONSIDERED ALL OF THE ABOVE PRIOR TO EITHER SIGNING AN AGREEMENT TO PURCHASE OR MAKING A DOWN PAYMENT TOWARD PURCHASE.

(Ord. No. 2840, § 2, 10-2-07)