Shapiro

Defendants appeal from a judgment for $5,000 plus interest plus $1,666 attorney’s fees in favor of plaintiffs following a court trial. Plaintiffs are mother and son. Named defendants are Orval Ogle, president and general manager of Yolo Car and Trailer Exchange, Inc., a California corporation. George Shelton is a vice-president thereof. The corporation does .business under the name of Pan Pacific Mobile Homes (Pan Pacific). Jean McShosh was an employee of the corporation.

This court will hold as a matter of first impression in the interpretation of the Rees-Levering Motor Vehicle Sales and Finance Act (Stats. 1961, ch. 1626) (Civ. Code, §§ 2981-2984.4) that its provisions do not apply to a cash sale where the buyer pays “earnest” money before receiving delivery of a mobile home to be custom-built, where thereafter there is a mutual rescission of the contract, and where the buyer sues to* recover such “earnest” money. Hence the judgment applying specific portions of the act must be reversed in part. It will be so reversed with directions.

Statement of Facts

On August 22, 1970, Mrs. Shapiro first visited Pan Pacific, with the intention of purchasing a 63' x 24' mobile…