Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. (3) shall comply with all applicable provisions of the Finance Code. 22, eff. 11, eff. 863 (H.B. 408 (H.B. 2, eff. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). 2019), Sec. (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. Section 5414; and. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. 31, eff. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. CONSUMER COMPENSATION. Acts 2009, 81st Leg., R.S., Ch. //-->, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. 2238), Sec. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. Acts 2017, 85th Leg., R.S., Ch. (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. ADVERTISEMENT AS OFFER. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . Acts 2013, 83rd Leg., R.S., Ch. Can I Use a Bill of Sale for a Texas Trailer Title? MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 1460), Sec. (2) adopt rules intended to maintain the historical passage rate for the examination. (a) This section applies to a transaction in which a manufactured home is sold as personal property. Homestead Exemption for Manufactured Home on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. A required fee must be paid by certified funds, cashier's check or money order, made payable to TDHCA/MHD. 863 (H.B. 2019), Sec. 1421, Sec. (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. June 18, 2005. texas department of housing and community affairs: chapter 80: manufactured housing: subchapters. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. Homestead Exemption for Manufactured Home - last updated April 14, 2021 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 . 2438), Sec. (B) the sale or lease occurs in a single real estate transaction. 12, eff. 2438), Sec. statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . Acts 2017, 85th Leg., R.S., Ch. 39, eff. (c) The renewal license expires on the second anniversary of the date the license was renewed. 1201.511. Acts 2007, 80th Leg., R.S., Ch. (4) the issuance of an initial or revised statement of ownership. 2019), Sec. (a) A holder of a lien recorded on the statement of ownership of a manufactured home that has not been converted to real property who sells or exchanges a repossessed manufactured home covered by that statement of ownership is not required to comply with this chapter if the sale or exchange is: (1) to or through a licensed retailer; or. June 18, 2003. 2019), Sec. 27, eff. 1460), Sec. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. An owner may elect to treat a manufactured home as real property only if the home is attached to: (2) land leased to the owner of the . 1201.060. 863 (H.B. (b) The department is not liable to the consumer if the manufactured homeowner consumer claims program does not have the money necessary to pay the actual damages determined to be payable. The department may not charge a fee for the inspection. 41, eff. Sec. EXEMPTION FOR CERTAIN EMERGENCY HOUSING. 1201.608. 35, eff. 2, eff. Added by Acts 2003, 78th Leg., ch. 14, eff. DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. Sec. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. (a) A retailer may not state payment of a down payment in a retail installment sales contract or other credit document unless the retailer has actually received the entire down payment at the time of execution of the document. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. (a) Except as otherwise provided by Subchapter C, a payment made under the manufactured homeowner consumer claims program shall be paid directly to a consumer or, at the director's option, to a third party on behalf of a consumer to compensate 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: (3) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (a) If the manufacturer, retailer, or installer does not provide the consumer with proper warranty service, the consumer may, at any time, request the department to perform a consumer complaint home inspection. September 1, 2013. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. 1421, Sec. 863 (H.B. The consumer protection division of the attorney general's office shall prepare the form of the notice, which must be approved by the director. Acts 2005, 79th Leg., Ch. (d-1) When applying for a statement of ownership under this section, the real property owner shall include with the application an affidavit stating that: (1) the person owns the real property where the manufactured home is located; and. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2013, 83rd Leg., R.S., Ch. 14A.252(a), eff. A continuing education program must be at least eight hours long and must include the current rules of the department and such other matters as the board may deem relevant. Venue for the suit is in Travis County. A retailer or broker may not employ or otherwise use the services of a salesperson who is not licensed. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. January 1, 2008. June 1, 2003. NATURE OF PROPERTY. (2) provide contractually in the sales transaction that the identified bond applies to the sale. 338, Sec. An act that is prohibited by this subsection is deemed to be a practice that constitutes an imminent threat to health or safety and is subject to the imposition of penalties and other sanctions provided for by this chapter. (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. 7, eff. 2438), Sec. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. License Holder Name [Help] Associate First Name. 1201.219. Sec. 408 (H.B. September 1, 2017. DECEPTIVE TRADE PRACTICES. 1201.217. Sec. 1421, Sec. Prior to your mobile home closing - Continued. (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and. 1284 (H.B. The bond or other security is payable to the manufactured homeowner consumer claims program. 28, eff. Added by Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. September 1, 2017. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. 1201.1505. 57, eff. 1201.208. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. 3, eff. This subsection does not apply to: (2) an advertisement concerning real property on which there is a manufactured home that has been converted to real property in accordance with Section 1201.2055. 1421, Sec. 1201.201. 1201.202. 338, Sec. 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. 3.11, eff. 1201.214. (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; and. (e) A deposit becomes a down payment upon execution of a sales purchase contract. (b-1) As authorized by Section 1201.6041, the director may order a manufacturer, retailer, or installer, as applicable, to pay a refund directly to a consumer as part of an agreed order described by Subsection (b) instead of or in addition to instituting an administrative action under this chapter. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 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. Sec. DISCLAIMER OF IMPLIED WARRANTY. June 1, 2003. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1201.117. If a person against whom the order is issued requests a hearing before the 31st day after the date the order is issued, the director shall set and give notice of a hearing. (b) In addition to the fees imposed under Subsections (a)(2), (3), and (4), a manufacturer or a person making an alteration, as appropriate, shall be charged for the actual cost of travel of a department representative to and from: (1) the manufacturing facility, for an inspection described by Subsection (a)(2); or. 32, eff. (a-4) An applicant for a joint installer-retailer license must comply with Subsections (a-2) and (a-3), for a total of eight hours of specialized instruction. If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. The application must include all the following documents as a part of this form. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. 530 (S.B. 1201.604. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. 863 (H.B. 408 (H.B. 45, eff. 3.14, eff. 1284 (H.B. Added by Acts 2001, 77th Leg., ch. Sec. FORMALDEHYDE HEALTH NOTICE. September 1, 2011. 1201.159. September 1, 2011. June 18, 2005. 49, eff. 1201.154. 2438), Sec. 863 (H.B. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. 1201.605. The accrued interest on amounts remitted by the director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the assessed penalty is paid to the director and ending on the date the penalty is remitted. 2, eff. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. 1201.007. Acts 2017, 85th Leg., R.S., Ch. 2, eff. (e) Repealed by Acts 2003, 78th Leg., ch. (c) If the sale or exchange of the repossessed manufactured home is to a purchaser for the purchaser's business use or another nonresidential use, the lienholder shall apply to the department for the issuance of a new statement of ownership indicating that the home is reserved for a business use or another nonresidential use. September 1, 2013. SECURITY: DURATION. Sec. Associate Last Name. Acts 2005, 79th Leg., Ch. The director may issue an order to prohibit a person who is not licensed as an installer from performing installation functions under the oversight of a licensed installer. Acts 2007, 80th Leg., R.S., Ch. regardless of whether the applicant has elected to treat the manufactured home as 1201.353. 1284 (H.B. September 1, 2017. INFORMATION ON OWNERSHIP AND TAX LIEN. (f) If a salvaged manufactured home is rebuilt in accordance with this chapter and the rules of the director, the director shall, on application, issue a new statement of ownership that indicates that the home is no longer salvaged. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. Sec. September 1, 2017. Added by Acts 2005, 79th Leg., Ch. (2) the county in which the violation occurs. In order to be deemed complete, an application for a Statement of Ownership must include, as applicable: (1) A completed and fully executed Application for Statement of Ownership on the Department's prescribed current form (2) The required fee; (3) If the statement . 5, eff. Sec. 26, eff. 1284 (H.B. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. 1421, Sec. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. 2019), Sec. (6) a tax lien was filed and recorded under Section 1201.219 and the lien has not been extinguished. 56, eff. (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer.
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