As a measure of consumer protection, mobilehome resale disclosure (Civil Code §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 sales
agents almost always include the disclosure report. The state Dept. of Housing (HCD) is not required to notify
selling homeowners.
Recap:
● Sellers are advised to provide a resale disclosure form, even on “as-is” sales, to avoid possible liability after the
sale. (Civil Code 1102.1(a))