(h) A licensee may not participate in the sale, exchange, or installation for use as a dwelling of a manufactured home that is salvage and that has not been repaired in accordance with this chapter and the department's rules. 2, eff. 2, eff. Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. 811 (H.B. Sec. September 1, 2017. The application fee is currently $55, which should be submitted directly to the TDCHA. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. 1201.102. January 1, 2008. (2) apply to a person who is licensed as a real estate broker or salesperson under Chapter 1101 and who, as agent of a buyer or seller, negotiates the sale or lease of a manufactured home and the real property to which the home is attached if: (A) the same person is the record owner of both the manufactured home and the real property; and. The term includes the modification of a manufactured home in a manner that may affect the home's compliance with the appropriate standards but does not include: (A) the repair or replacement of a component or appliance that requires plug-in to an electrical receptacle, if the replaced item is of the same configuration and rating as the replacement; or. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. CEASE AND DESIST. 2438), Sec. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. Acts 2017, 85th Leg., R.S., Ch. 2, eff. 30, eff. 2019), Sec. January 1, 2008. Added by Acts 2001, 77th Leg., ch. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. Sec. 863 (H.B. Acts 2007, 80th Leg., R.S., Ch. 13, eff. Acts 2017, 85th Leg., R.S., Ch. (g) When an application is filed for the issuance of a statement of ownership for a used manufactured home that is not in a retailer's inventory or is being converted from personal property to real property in accordance with Section 1201.2075, a statement from the tax assessor-collector for the taxing unit having power to tax the manufactured home shall also be filed with the department. (c) If the manufacturer, retailer, or installer is unable to provide warranty service in accordance with the department order under Section 1201.356 as a result of an action of the consumer, the manufacturer, retailer, or installer must make that allegation in the written statement required by Subsection (a). (e) The board shall adopt rules relating to course content and approval. SUBCHAPTER J. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. Sec. Acts 2005, 79th Leg., Ch. 1201.222. (2) for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law. Sept. 1, 2003. 408 (H.B. (26) "Salesperson" means a person who, as an employee or agent of a retailer or broker, sells or offers to sell manufactured housing to a consumer. 1460), Sec. 14A.254(b), eff. 1284 (H.B. Sec. 34, eff. 77, Sec. 2, eff. June 18, 2005. PROHIBITED SALE OR EXCHANGE. (c)The owner of land that qualifies as a residence homestead under this section is (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. September 1, 2009. September 1, 2017. (k) Notwithstanding any provision in this chapter to the contrary, if a person has acquired a manufactured home and the owner of record or any intervening owners of liens or equitable interests cannot be located to assist in documenting the chain of title, the department may issue a statement of ownership to the person claiming ownership if the person can provide a supporting affidavit describing the chain of title and such reasonable supporting proof as the director may require. A. Whether or not the individual ceased further activity is up for debate. (d) A retailer who sells a manufactured home constructed on or after September 1, 1997, to Wind Zone I standards must, before the execution of a mutually binding sales agreement or retail installment sales contract, give the consumer notice that: (1) the home was not designed or constructed to withstand a hurricane force wind occurring in a Wind Zone II or III area; (2) installation of the home is not permitted in a Wind Zone II county in this state; and. Added by Acts 2001, 77th Leg., ch. 7, eff. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205 (Statement of Ownership Form); and (B) other information required by this chapter. SECURITY: DURATION. January 1, 2008. 1284 (H.B. In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause. (a) The department may not issue a statement of ownership for a manufactured home that is being converted from real property to personal property until the department has inspected the home and determined that it is habitable and: (1) each lien, including a tax lien, on the home is released by the lienholder; or. Texas Manufactured Housing Association, Inc., to Nancy Fuller . 2438), Sec. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. Sec. Sec. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. (2) govern the business conduct of license holders. (a) To recover under the manufactured homeowner consumer claims program, a consumer must file a written, sworn complaint in the form required by the director not later than the second anniversary of: (1) the date of the alleged act or omission causing the actual damages; or. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. June 1, 2003. Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (g) An order of suspension under Subsection (f) may be appealed. (c) The renewal license expires on the second anniversary of the date the license was renewed. 408 (H.B. 2238), Sec. 1079 (H.B. Click here to access an Open Records Request form. If there is an existing lien on the new manufactured home perfected with the department, the owner of the lien is entitled to recover the value of the lien from the retailer. 2019), Sec. June 1, 2003. 1460), Sec. DIRECT CONSUMER COMPENSATION. 1201.105. Added by Acts 2003, 78th Leg., ch. Venue for the suit is in Travis County. 1510), Sec. Sec. 2019), Sec. DEPARTMENT POWERS AND DUTIES. 2, eff. June 18, 2005. 12, eff. 42, eff. (c) The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. 1460), Sec. September 1, 2013. Sec. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. 1201.1025. 1201.513. (c) A retailer's or manufacturer's compliance with United States Department of Housing and Urban Development regulations and the director's rules concerning the notice is conclusive proof that: (1) the consumer received sufficient notice of the risks of occupying the home; and. If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code. 1201.252. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1201.356. 408 (H.B. Mobile Home Vin Lookup Florida - If you are looking for detailed and accurate report then our reliable service is the way to go. June 18, 2003. 1460), Sec. Amended by Acts 2003, 78th Leg., ch. (a) The department shall renew a license if, before the expiration date of the license, the department receives the renewal application and payment of the required fee as well as the cost required under Section 1201.1031. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. June 1, 2003. 1201.057. 8(2), eff. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. 7, eff. (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. 2438), Sec. 1510), Sec. To move a manufactured home, the state requires the owner to get a permit from the Department of Motor Vehicles (DMV). (d) The following are exempt from the application of this section: (1) a manufactured home that on August 31, 2003, was inhabited and located on real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency, if the home will remain on or be relocated to real property zoned as described by this subsection; and. Sec. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. 1201.406. 73(a)(3), eff. Acts 2017, 85th Leg., R.S., Ch. 1201.253. 16, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. 15, eff. The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code. (3)the applicant demonstrates ownership of the manufactured home under Subsection (b) Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. A manufacturer may not construct a HUD-code manufactured home in this state for sale or resale unless the manufacturer: (1) supplies the department with proof of acceptance by a design approval primary inspection agency authorized by the United States Department of Housing and Urban Development; (3) has the home inspected by an in-plant inspection agency authorized by the United States Department of Housing and Urban Development. 1284 (H.B. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. You must apply for a revised Statement of Ownership any time there is a change in the owners name(s), the physical location of the home, any lien information, the elected treatment of the home as either real or personal property, or residential or non-residential use. Part 1026. January 1, 2008. ); (4) a rule or regulation of the United States Department of Housing and Urban Development; or. 338, Sec. 2019), Sec. 46 (H.B. 33, eff. 863 (H.B. 2019), Sec. 20, eff. 1201.6041. (b) A violation of this section does not create a cause of action or claim for damages for a consumer. Acts 2009, 81st Leg., R.S., Ch. A retailer may require a deposit on a specially ordered manufactured home. (b) An offense under this section is a Class A misdemeanor punishable by: (2) confinement in county jail for a term of not more than one year; or. January 1, 2008. (i) constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development; (iii) designed for use as a dwelling with or without a permanent foundation when the structure is connected to the required utilities; (iv) transportable in one or more sections; and. Sec. (b) The notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract. 26, eff. June 1, 2003. Added by Acts 2001, 77th Leg., ch. Acts 2005, 79th Leg., Ch. In addition to any other remedy provided by law, the director may institute in district court a suit for injunctive relief and for the collection of the administrative penalty. (3) $4,000 for each subsequent violation. 33, eff. 4 (S.B. 408 (H.B. However, if you do buy a mobile home without a title, the seller will need to complete the Application for SOL form and pay the $55 issuance fee after the sale within 60 days. September 1, 2017. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. September 1, 2017. Sec. Acts 2017, 85th Leg., R.S., Ch. (b) The manufacturer's warranty is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of an already installed new home, whichever is later. Sec. 22, eff. Sec. 85(5), eff. 1460), Sec. Sec. Austin, Texas, 78744. 1201.361. 98, eff. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. Please do not include open records requests with any other Tax Office correspondence. 2, eff. Police were called to a home undergoing extensive renovations where the new owner reported building supplies, namely flooring, appeared to be missing around 11 a.m. Feb. 27. No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf. 2238), Sec. 27, eff. The director may issue an order to revoke, suspend, or deny a new or renewal license. 2019), Sec. Sec. RETAILER AS WAREHOUSE. 863 (H.B. If feasible, any action required under this chapter may be accomplished by electronic means. June 18, 2005. 15, eff. Added by Acts 2003, 78th Leg., ch. (B) other information required by this chapter. (b) Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license. June 18, 2003. January 1, 2008. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. // 2019), Sec. September 1, 2017. * Note: These forms are available as Add-Ons to your existing TMHA Membership. Acts 2007, 80th Leg., R.S., Ch. (5) "Board" means the Manufactured Housing Board within the Texas Department of Housing and Community Affairs. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home. Its important to do this research because you may not be able to update the Statement of Ownership (title) until the recorded liens have been released and taxes have been paid through the date of sale. 1201.217. LICENSE FEES. (b) A licensee shall notify the department of a change described by Subsection (a) not later than the 10th day before the date the change occurs. (b) For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer's title opinion to determine that any liens on real property have been released. 2019), Sec. (a-1) If the applicant is not an individual, the applicant must have at least one related person who satisfies the requirements of Subsection (a). Any certified copies of a Statement of Ownership are free upon request. (7) "Business use" means the use of a manufactured home in conjunction with operating a business, for a purpose other than as a permanent or temporary residential dwelling. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . (b) The department shall make the report required by this section available to the public on the department's Internet website in a searchable and downloadable format. Added by Acts 2005, 79th Leg., Ch. 1801 Congress Ave . SEAL OR LABEL REQUIRED. Sec. If you have any additional questions, please . 1460), Sec. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. (d) Notwithstanding any other provision of this section, the department may make an inspection at any time if it believes that there is a reasonable possibility that a condition exists that would present an imminent threat to health or safety. INFORMATION ON RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 1460), Sec. January 1, 2008. Stay up-to-date with how the law affects your life. There is no additional fee for the release of lien when it is part of a transfer of ownership. 2019), Sec. Copyright 2018 Texas Manufactured Housing Association. June 18, 2005. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. 20, eff. 1201.221. 2438), Sec. (a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that: (1) installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. 408 (H.B. SANCTIONS AND PENALTIES. 3361), Sec. Our new location is: George H.W. 2019), Sec. Sort By. 40, eff. 64, eff. They'll need to provide evidence of ownership, such as a bill of sale, contract, deed, purchase agreement or sale receipts. 6, eff. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. 2019), Sec. On receipt of the documents, the purchaser or transferee shall apply for the issuance of a statement of ownership. Sec. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 3.15, eff. The director shall set any appealed order for a hearing before the State Office of Administrative Hearings, and the board shall issue a final order after receiving and reviewing the proposal for decision issued pursuant to such hearing. Acts 2007, 80th Leg., R.S., Ch. (B) are not used as residential dwellings when so designated. 408 (H.B. All other counties are in Wind Zone I. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). Sec. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. 29, eff. (a) Except as provided for in Subsection (a-1), the department shall process any completed application for the issuance of a statement of ownership not later than the 15th working day after the date the application is received by the department. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and. January 1, 2008. Added by Acts 2001, 77th Leg., ch. September 1, 2017. 2438), Sec. Acts 2009, 81st Leg., R.S., Ch. C. OMMUNITY . 4 (S.B. 39, eff. The department remains subject to the other requirements of Subsection (a). 85(2), eff. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. 1201.609. Sec. 1201.2075. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). You can also file a civil rights complaint with the U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties (CRCL) and/or Department of the Interior Office of . September 1, 2017. 863 (H.B. June 1, 2003. September 1, 2017. (3) shall comply with all applicable provisions of the Finance Code. September 1, 2017. June 1, 2003. Statement From Tax Assessor-Collector from the local tax collector's office is needed. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home without the appropriate transfer of good and marketable title to the home. PERFECTION, EFFECT, AND RELEASE OF LIENS. (b) If the department needs additional information for the renewal application or verification of continuing insurance or bond coverage, the license holder must provide the requested information or verification not later than the 20th day after the date of receipt of notice from the department. 2019), Sec. 1201.607. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. 46 (H.B. (b) If a used manufactured home is reserved for a business use or another nonresidential use or is salvaged, a person may not knowingly allow any person to occupy or use the home as a dwelling unless the director issues a new statement of ownership indicating that the home is no longer reserved for that use or is no longer salvaged. Amended by Acts 2003, 78th Leg., ch. 1, eff. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; Section 1601 et seq. Acts 2017, 85th Leg., R.S., Ch. (2) adopt rules intended to maintain the historical passage rate for the examination. June 18, 2003. 49, eff. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. 21, eff. (c) If payment to the manufactured homeowner consumer claims program of a claim is not made by the surety or from the other security in a timely manner, the attorney general shall file suit for recovery of the amount due the manufactured homeowner consumer claims program. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. If that applicant is applying for a retailer's license, the related person must be a management official who satisfies the requirements of Subsections (a) and (a-2) for each retail location operated by the applicant. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. Acts 2005, 79th Leg., Ch. 863 (H.B. Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order. 408 (H.B. September 1, 2013. 26, eff. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. Sec. (a) To ensure that a manufactured home sold or installed in this state complies with the standards code, the director may by contract provide for a federal agency or an agency or political subdivision of this state or another state to perform an inspection or inspection program under this chapter or under rules adopted by the board. (d) A person may not act as an installer in this state unless the person holds an installer's license. Section 5401 et seq.). 338, Sec. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. 77 (H.B. (f) This section does not apply if the person who owns the real property on which the manufactured home is located and who is declaring that the home is abandoned, or any person who is related to or affiliated with that person, has now, or has ever owned, an interest in the manufactured home. 85(3), eff. June 18, 2005. 1460), Sec. Sec. 77 (H.B. (32) "Used manufactured home" means a manufactured home which has been occupied for any use or for which a statement of ownership has been issued. September 1, 2017. January 1, 2008. 14, eff. 2.001. June 1, 2003. January 1, 2008. COOPERATION WITH LOCAL GOVERNMENTAL UNITS. (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. 863 (H.B. 1460), Sec. June 1, 2003. PROHIBITED REAL ESTATE TRANSACTION. 1284 (H.B. Category: Texas Real Estate - Manufactured Homes. 2019), Sec. 338, Sec. INSPECTIONS NOT LIMITED; CORRECTIONS. 1201.305. 2, eff. (c) The department shall issue a new statement of ownership to a survivor if: (1) an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under Section 1201.213; and. Acts 2017, 85th Leg., R.S., Ch. 1201.604. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission.
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