64, eff. 1460), Sec. 2, eff. 2238), Sec. September 1, 2011. SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY. Acts 2005, 79th Leg., Ch. Jan. 1, 2004. 2438), Sec. 7, eff. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. Sec. License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. (d) If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must: (1) identify the bond on file with the department in conjunction with that person's license; and. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. Can I Use a Bill of Sale for a Texas Trailer Title? June 18, 2005. (2) the county in which the violation occurs. CONSUMER WAIVER VOID. Fax: 517-241-0130. subchapter a: codes, standards, terms, fees and administration: subchapter b: . (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. 77 (H.B. The department shall investigate the allegation, and if the department determines that the allegation is credible, the department shall issue a new order specifying the date and time of the proposed corrective action. 1201.504. Misuse of this system is subject . 408 (H.B. 1460), Sec. (c) The department shall conduct a criminal history check of each applicant for a license or renewal of a license using information: (1) provided by the individual under this section; and. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003. 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. (2) the real property owner may declare the home abandoned and may apply to the department for a statement of ownership listing the real property owner as the owner of the manufactured home. (f) The fee described by Subsection (c) must accompany notice to the department of the exact location of the mobile or HUD-code manufactured home. 1201.360. September 1, 2017. (c-1) The department may permit the use of any device or procedure that has been reviewed and approved by a licensed engineer provided that such use or procedure complies with any instructions, conditions, or other requirements specified by that engineer. January 1, 2008. 1201.158. Amended by Acts 2003, 78th Leg., ch. 8(2), eff. September 1, 2017. (b) The department shall establish an installation inspection program in which at least 75 percent of installed manufactured homes are inspected on a sample basis for compliance with the standards and rules adopted and orders issued by the director. Sec. Acts 2005, 79th Leg., Ch. in Communications and English from Niagara University. The department may place on probation a person whose license is suspended. June 18, 2005. Fort Worth, TX 76196. Acts 2011, 82nd Leg., R.S., Ch. (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. 62, eff. 15(3), eff. September 1, 2011. Acts 2005, 79th Leg., Ch. 863 (H.B. (e) The lists to be provided under this section may be provided electronically. 41, eff. 1201.208. 2019), Sec. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. (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. 57, eff. (c) A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer. September 1, 2017. (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. The department shall cooperate with all local governmental units in this state. January 1, 2008. 77, Sec. A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law. 77 (H.B. The TDHCA will review the initial Statement of Ownership application. (b) As a part of the application, the purchaser or transferee must certify to the receipt of a written notice that the home is not or may not be habitable. Amended by Acts 2003, 78th Leg., ch. (2) the holder of a lien or security interest of record. Sec. Sec. Acts 2017, 85th Leg., R.S., Ch. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by law. (5) Subchapter E, Chapter 17, Business & Commerce Code. September 1, 2013. A temporary location for a bona fide trade show sponsored by a nonprofit corporation that qualifies for an exemption from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c) of that code does not require a bond. Questions or comments, please call 1-800-500-7074. 2019), Sec. Sec. 2019), Sec. 408 (H.B. September 1, 2017. January 1, 2008. An applicant is not required to submit an accompanying document described by Subsection On the purchaser's application to the department for issuance of a new statement of ownership, the department shall inspect the home and, if the department determines that the home is habitable, issue a new statement of ownership. (c) No test shall be given in relation to any continuing education program. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. By contrast, about a third of site-built homeowners earn . 85(5), eff. Section 1026.23. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. //help_ftr_01_05 = new Image(38, 28);help_ftr_01_05.src = '/images/help_nav.gif'; 1460), Sec. 408 (H.B. June 1, 2003. Acts 2017, 85th Leg., R.S., Ch. Sec. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. A family relationship required by this subsection may be a relationship established by adoption. (C) does not include a recreational vehicle as defined by 24 C.F.R. The application fee is currently $55, which should be submitted directly to the TDCHA. June 18, 2005. (a) The board shall approve continuing education programs for licensees under this chapter. (a) An applicant for a license or a license holder shall file a bond or other security under Section 1201.105 for the issuance or renewal of a license in the following amount: (a-1) Notwithstanding the provisions of Subsection (a), the director may require additional security for the licensing, renewal, or relicensing of a person, or the sponsoring of a salesperson, who, either directly, as a related person, or through a related person, has been the subject of a license revocation, has caused the manufactured homeowner consumer claims program to incur unreimbursed costs or liabilities in excess of available surety bond coverage, or has failed to pay an administrative penalty that has been assessed by final order. June 1, 2003. 408 (H.B. June 18, 2003. 1201.152. (2) submit to a credit underwriter or lending institution information known to be false or misleading. INSPECTION, REVIEW, AND RELATED FEES. June 18, 2003. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. 408 (H.B. 863 (H.B. (3) the information and the cost required under Section 1201.1031. January 1, 2008. 1284 (H.B. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. September 1, 2017. 1421, Sec. (a) If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to: (1) the seller and purchaser or transferor and transferee, as applicable; and. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1284 (H.B. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. 24, eff. Because of its regulatory nature, it is governed by its own board and executive director. (d) A person charged with a penalty who is financially unable to comply with Subsection (c)(2) is entitled to judicial review if the person files with the court, as part of the person's petition for judicial review, a sworn statement that the person is unable to meet the requirements of that subsection. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. Sept. 1, 2003. Section 4001 et seq. (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. PERFECTION, EFFECT, AND RELEASE OF LIENS. The consumer shall continue to have the right of rescission with regard to the retailer until the end of the third day after the retailer delivers a copy of the disclosure required by Subsection (a). 338, Sec. 85(1), eff. 1421, Sec. September 1, 2017. January 1, 2008. 3361), Sec. 408 (H.B. January 1, 2008. Beginning September 1, 2003, a certificate of attachment is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. Sec. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. 2019), Sec. 1201.610. The rules must protect a lienholder recorded with the department. (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. 863 (H.B. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. 2019), Sec. (b) If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules. } If you cannot find the home, you can look through the archived records for any ownership information before March 1982. 1421, Sec. June 18, 2003. September 1, 2009. Venue for the suit is in Travis County. 2.001. September 1, 2013. 6, eff. January 1, 2008. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail. 7, eff. Acts 2007, 80th Leg., R.S., Ch. (g) After a real property election is perfected under Subsection (e): (1) the home is considered to be real property for all purposes; and. (c) If a new manufactured home is salvaged, the retailer shall remove the label and surrender the label and the manufacturer's certificate under Section 1201.204 to the director for issuance of a statement of ownership that indicates that the home is salvaged. (c) The department shall perform a consumer complaint home inspection not later than the 30th day after the date of receipt of a request for the inspection. 1201.404. (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. Added by Acts 2001, 77th Leg., ch. 14A.252(a), eff. June 1, 2003. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. The median annual household income of manufactured home residents who own their homes is about $35,000, half of the median annual income of site-built homeowners. 2438), Sec. Sec. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. Q. (a) Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to a consumer who sustains actual damages resulting from an unsatisfied claim against a licensed manufacturer, retailer, broker, or installer if the unsatisfied claim results from a violation of: (b) For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405. September 1, 2017. 1276, Sec. Sec. 1201.1521. 408 (H.B. (b) The director may request or issue subpoenas for a licensee's records. 2, eff. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. Sec. 47, eff. Sec. 1201.205. (2) the expiration of a period not to exceed 150 days. (5) "Inventory" means new and used manufactured homes that: (A) a retailer has designated as the retailer's inventory for sale pursuant to the process implemented by the department; and.

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