All new mobilehomes and manufactured homes sold to a buyer shall be covered by the warranty set forth in this chapter.
Consumer WarrantiesMobilehome Warranties
Section § 1797
If you buy a new mobile home or manufactured home, it comes with a warranty described in this chapter.
new mobilehomes manufactured homes buyer
Section § 1797.1
This law defines key terms related to contractors and dealers in the context of mobile homes and manufactured homes. A 'contractor' is someone defined as a general building contractor under another legal section. A 'dealer' is as defined under a specific section of the Health and Safety Code. 'Mobilehome' and 'manufactured home' also have specific legal definitions. 'Substantial defects' refer to significant, visible problems in the materials or workmanship that affect the home's functionality.
As used in this chapter:
(a)CA Civil Law Code § 1797.1(a) “Contractor” means any person who is a general building contractor within the meaning of Section 7057 of the Business and Professions Code.
(b)CA Civil Law Code § 1797.1(b) “Dealer” means any person who is a dealer within the meaning of Section 18002.6 of the Health and Safety Code.
(c)CA Civil Law Code § 1797.1(c) “Mobilehome” and “manufactured home” have the meanings, respectively, defined in
Sections 18007 and 18008 of the Health and Safety Code.
(d)CA Civil Law Code § 1797.1(d) “Substantial defects in materials and workmanship” means defects objectively manifested by broken, ripped, cracked, stained, or missing parts or components, or workmanship resulting in improper function of materials, components, appliances, or systems as installed or manufactured by the contractor, dealer, or manufacturer.
contractor general building contractor dealer
Section § 1797.2
This law requires that when you buy a mobile home or manufactured home, a warranty must be provided. This warranty covers the electrical, plumbing, heating, cooling, fire safety, and structural systems, plus all included appliances. It applies to both the manufacturer and the dealer or contractor selling the home. If a manufacturer sells a home directly to a public agency, they're responsible for giving the warranty, too.
(a)CA Civil Law Code § 1797.2(a) The warranty provided for in this chapter shall apply to the manufacturer of the mobilehome or the manufactured home as well as to the contractor or dealer who sells the mobilehome or the manufactured home to the buyer. The warranty shall cover the electrical, plumbing, heating, cooling, fire safety, and structural systems, and all appliances of the mobilehome or manufactured home as installed or manufactured by the contractor, dealer, or manufacturer.
(b)CA Civil Law Code § 1797.2(b) Where a
manufacturer sells a mobilehome or manufactured home directly to a city, city and county, or other public agency pursuant to the exception established in Section 18015.7, the manufacturer shall be responsible for providing the warranty required by this chapter.
mobilehome warranty manufactured home warranty electrical systems
Section § 1797.3
This law requires that when buying a mobile home or manufactured home, the buyer must receive a written warranty from the seller. This document should clearly state that the home is free from major defects in materials or workmanship. If any significant problems arise within a year that need fixing, the manufacturer, contractor, or dealer must address them, and they are all collectively responsible. The buyer must report these issues within one year and 10 days from when the home was delivered. Important details like contact information for reporting problems must be included. The warranty covers various systems like plumbing and electrical, and while appliance manufacturers might offer their own guarantees, the primary repair responsibility lies with the seller and manufacturer of the home. If initial repairs fail to fix a defect, the defective part must be replaced with one that is the same or better.
The mobilehome/manufactured home warranty from the contractor, manufacturer, or dealer to the buyer shall be set forth in a separate written document that reprints all of the provisions of this chapter and shall be delivered to the buyer by the contractor or dealer at the time the contract of sale is signed, and shall contain, but is not limited to, the following terms:
(a)CA Civil Law Code § 1797.3(a) That the mobilehome or manufactured home is free from any substantial defects in materials or workmanship.
(b)CA Civil Law Code § 1797.3(b) That the contractor, manufacturer, or dealer or any or all of them shall take appropriate corrective action at the site of the mobilehome or manufactured home in instances of substantial defects in materials or workmanship which become evident within one year from the date of delivery of the mobilehome or manufactured home to the buyer, provided the buyer or his or her transferee gives written notice of those defects to the contractor, manufacturer, or dealer at their business address not later than one year and 10 days after date of delivery.
(c)CA Civil Law Code § 1797.3(c) That the manufacturer and the contractor or dealer shall be jointly and severally liable to the buyer for the fulfillment of the terms of warranty, and that the buyer may notify either one or both of the need for appropriate corrective action in instances of substantial defects in materials or workmanship.
(d)CA Civil Law Code § 1797.3(d) That the address and the phone number of where to mail or deliver written notices of defects shall be set forth in the document.
(e)CA Civil Law Code § 1797.3(e) That the one-year warranty period applies to the plumbing, heating, electrical, cooling, fire safety, and structural systems and all appliances of the mobilehome or manufactured home.
(f)CA Civil Law Code § 1797.3(f) That, while the manufacturers of any or all appliances may also issue their own warranties, the primary responsibility for appropriate corrective action under the warranty rests with the contractor or dealer and the manufacturer, and the buyer should report all complaints to the contractor or dealer and the manufacturer initially.
(g)CA Civil Law Code § 1797.3(g) That, if corrective action taken by the manufacturer or the contractor or dealer fails to eliminate a
substantial defect, then the material, system, appliance, or component shall be replaced in kind. As used in this subdivision, “replaced in kind” means (1) replacement with the identical material, system, appliance, or component, and, if not available (2) replacement with a comparable or better material, system, appliance, or component.
mobilehome warranty manufactured home defects contractor obligations
Section § 1797.4
This law states that any warranty provided under this chapter is an extra benefit for the buyer and doesn't take away from any other legal rights they might have. Additionally, sellers like contractors, manufacturers, or dealers cannot ask buyers to give up these rights. If they do, such waivers are considered against public policy, meaning they won't be recognized or enforced.
The warranty under this chapter shall be in addition to, and not in derogation of, all other rights and privileges which the buyer may have under any other law or instrument. The contractor, manufacturer, or dealer shall not require the buyer to waive his or her rights under this chapter, and any waiver of these rights shall be deemed contrary to public policy and shall be unenforceable and void.
warranty rights buyer protections waivers unenforceable
Section § 1797.5
If you're a contractor or a dealer, you must display the warranty information from this chapter in any place where you write up orders or contracts. This means having a visible copy where customers can see it.
Every contractor or dealer shall display a copy of all of the warranty provisions required by this chapter. The copy of the warranty provisions required by this chapter shall be posted in each area where purchase orders and conditional sales contracts are written.
warranty display contractor obligations dealer requirements
Section § 1797.6
In California, manufacturers, contractors, and dealers are required to keep records, including all communications with buyers, for three years from the delivery date.
Manufacturers, contractors, and dealers shall keep records of all actions taken pursuant to this chapter, including all correspondence to or from the buyer for a period of three years from the date of delivery.
record keeping correspondence buyer communication
Section § 1797.7
This law states that if you're a contractor, dealer, or manufacturer, you must fix any major defects covered by a warranty within 90 days after the buyer lets you know in writing, unless something happens that you can't control.
The contractor, dealer, or manufacturer shall complete warranty service to correct all substantial defects within 90 days of receiving the buyer’s written notice specified in subdivision (b) of Section 1797.3, unless there are circumstances which are beyond the control of the contractor, dealer, or manufacturer.
warranty service substantial defects 90 days
