18053.5. (a) Except as otherwise provided in this section, every applicant for a manufactured home, mobilehome, or commercial coach dealer’s or salesperson’s license shall be required to take and successfully complete a written examination, prepared and administered by the department. The examination shall include, but not be limited to, subjects relating to manufactured homes, mobilehomes, and commercial coaches, laws relating to contracts for the sale of manufactured homes, mobilehomes, and commercial coaches, laws covering truth in lending, and departmental and warranty requirements.
(b) The department may administer an oral examination in lieu of the written examination required by subdivision (a) under the following conditions:
(1) To any person who applies for a manufactured home, mobilehome, or commercial coach salesperson’s license.
(2) To any person who applies for a manufactured home, mobilehome, or commercial coach dealer’s license if the person is not the sole owner of the dealership and there are other persons within the ownership structure who meet the requirements of subdivision (a).
(3) To any person with a physical handicap if the handicap makes the taking of a written examination unreasonable.
(c) No person, who, on July 1, 1976, held a then valid salesperson’s license issued pursuant to the Vehicle Code and who has, continuously, for the same employer, been a salesperson of manufactured homes, mobilehomes, or commercial coaches, shall be required to take the examination specified in subdivision (a).
(d) No person, who, on July 1, 1976, held a then valid salesperson’s license issued pursuant to the Vehicle Code and who has continuously been a manufactured home, mobilehome, or commercial coach dealer, shall be required to take the examination specified in subdivision (a), regardless of whether the person subsequently makes an application to do business under a different name or form of business organization. However, a salesperson of manufactured homes, mobilehomes, or commercial coaches who makes an application for a manufactured home, mobilehome, or commercial coach dealer’s license shall be required to take and successfully complete the examination specified in subdivision (a).
(e) If the applicant for a manufactured home, mobilehome, or commercial coach dealer’s license is a corporation or partnership, only those persons who will participate in the direction, control, or management, or any combination thereof, of the sales operations of the business, or who act in the capacity of a manufactured home, mobilehome, or commercial coach salesperson, shall be required to take and successfully complete the examination specified in subdivision (a). However, if no officer or director of the corporation or a partner, or the partners thereof participates in the direction, control, or management, or any combination thereof, of the sales operations of the business, or acts in the capacity of a manufactured home, mobilehome, or commercial coach salesperson, the corporation or partnership shall designate and maintain a responsible managing employee who is a licensed manufactured home, mobilehome, or commercial coach salesperson and who shall be required to take, and successfully complete, the examination specified in subdivision (a) for a dealer’s license before a dealer’s license may be issued.
(f) Every person who applies to the department to take the examination required under this section for a dealer’s or salesperson’s license shall pay to the department a fee established by the department.
(Amended by Stats. 1986, Ch. 552, Sec. 1. Effective August 22, 1986.)
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