DEFINITIONS. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. (8) "Consumer" means a person, other than a person licensed under this chapter, who seeks to acquire or acquires by purchase or exchange a manufactured home. January 1, 2008. (2) provide contractually in the sales transaction that the identified bond applies to the sale. The department remains subject to the other requirements of Subsection (a). 7, eff. 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. (b) The purposes of this chapter are to: (1) encourage the construction of housing for state residents; and. If the department rejects an application, the department shall provide a clear and complete explanation of the reason for the rejection and instructions on how to cure any defects, if possible. (a-1)An appraisal district may rely upon the computer records of the Texas Department June 18, 2005. (B) any other location the holder or servicer knows or believes, after a reasonable inquiry, to be an address where the owner may have been or is receiving mail or is an address of record; (2) such notification shall be given by certified mail; and. Attach a copy of document of statement of ownership and location issued by the Texas Department of Housing and Community Affairs if home is 8' by 40' or . (e) The board shall adopt rules relating to course content and approval. Added by Acts 2001, 77th Leg., ch. The rules must protect a lienholder recorded with the department. September 1, 2017. ELECTRONIC MEANS AUTHORIZED. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. 73(a)(3), eff. 2438), Sec. September 1, 2011. September 1, 2017. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. (b) A judgment obtained in the primary suit against the retailer or manufacturer is conclusive proof as to the holder of the debt instrument and admissible in an action by the consumer against the holder only if the consumer joins the holder in the primary suit. (h) Repealed by Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. 1, eff. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. 2019), Sec. 14A.254(b), eff. 26, eff. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. The real property owner must disclose to the record owner, lienholder, tax assessor-collector, or intervening owner seeking to remove the home the location of the home and grant the person reasonable access to the home. Added by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. They'll need to provide evidence of ownership, such as a bill of sale, contract, deed, purchase agreement or sale receipts. 1201.060. 15, eff. Manufactured Housing Division - Online Statement of Ownership Application System. June 1, 2003. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. Sec. PROHIBITED REAL ESTATE TRANSACTION. } A retailer may not purchase for resale to a consumer a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. Acts 2007, 80th Leg., R.S., Ch. 62, eff. (11) "Subsequent sale" means a bargain, sale, transfer, or delivery of a manufactured home, with intent to pass an interest in the home, other than a lien, from one person to another after the first retail sale and initial issuance of a statement of ownership. 1460), Sec. (2) any indebtedness secured by the home or related to a lease agreement between the owner of the real property and the owner of the home is considered delinquent. January 1, 2008. 2, eff. September 1, 2017. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. 28, eff. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. 2019), Sec. 14A.254(a), eff. 1284 (H.B. Added by Acts 2001, 77th Leg., ch. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. (2) the county in which the violation occurs. ownership interest in the development, except for a tax credit . 17, eff. 4 (S.B. 23, eff. (3) another state may prohibit installation of the home in a Wind Zone II or III area. Application for Certificate(s) of Financial Responsibility, as . 1460), Sec. 408 (H.B. In accordance with Section 1201.204, the retailer shall surrender to the department the original manufacturer's statement of origin at the same time that the retailer applies for the first statement of ownership. 408 (H.B. 1460), Sec. September 1, 2017. INSPECTION BY LOCAL GOVERNMENTAL UNITS. COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES. 1510), Sec. The department shall place on the application for the issuance of a statement of ownership the following legend in a clear and conspicuous manner: "THE FILING OF AN APPLICATION FOR THE ISSUANCE OF A STATEMENT OF OWNERSHIP LATER THAN SIXTY (60) DAYS AFTER THE DATE OF A SALE TO A CONSUMER FOR RESIDENTIAL USE MAY RESULT IN A FEE OF UP TO ONE HUNDRED DOLLARS ($100.00). 1510), Sec. 408 (H.B. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). (c)The owner of land that qualifies as a residence homestead under this section is Following the meeting, the director shall either resolve the matter by agreed order, dismiss the matter if no violation is found to have occurred, or institute an administrative action, which may include license suspension or revocation, the assessment of administrative penalties, or a combination of such actions. 863 (H.B. (b)The land on which a manufactured home is located qualifies as a residence homestead Acts 2017, 85th Leg., R.S., Ch. The period needed to complete an examination under this subsection may not be used to satisfy the minimum education requirements under Subsection (a), (a-2), (a-3), or (a-4). 1421, Sec. They are non-refundable. Once all of the documents are signed, the buyer will need to register their new home with the DMV. 20, eff. 408 (H.B. September 1, 2011. 24, eff. (a) Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. 2019), Sec. January 1, 2008. 85(1), eff. (a) A new bond is not required for a change in: (1) ownership of a licensee or a business entity under which a license holder conducts business; or. 3361), Sec. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. (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. 863 (H.B. 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. The information is kept online in a database for the state to keep track of all mobile homes regardless of their condition or age, mainly for tax purposes. Sec. 863 (H.B. June 1, 2003. Such rules shall, to the extent practical, be modeled on the federal rules for the waiver of a right of rescission under 12 C.F.R. 6, eff. (3) shall comply with all applicable provisions of the Finance Code. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting (a) If a bond required by this subchapter is canceled, the license for which the security is filed is suspended on the effective date of cancellation. 408 (H.B. Section 1201.003 of the Texas Occupations Code 408 (H.B. (a) If the sale or exchange of a used manufactured home is to a purchaser for the purchaser's business use, the home is not required to be habitable unless the purchaser discloses to the retailer in writing at the time of purchase that the purchaser intends for a person to be present in the home for regularly scheduled work shifts of not less than eight hours each day. 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) The retailer's warranty on a new HUD-code manufactured home is in effect until the first anniversary of the later 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 the home. 1079 (H.B. Sec. 2019), Sec. January 1, 2008. 15, eff. 408 (H.B. 2238), Sec. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. 2019), Sec. June 18, 2003. (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes. January 1, 2008. 863 (H.B. 2238), Sec. 10, eff. If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. 1421, Sec. Texas Department of Housing and Community Affairs Post Office Box 12489 Austin, Texas 78711-2489 . REPORT AND ORDER; AMENDMENT; COMPLIANCE. Sec. // LiaJavaInput Acts 2021, 87th Leg., R.S., Ch. 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. 2238), Sec. 1201.219. (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. January 1, 2008. September 1, 2017. COOPERATION WITH LOCAL GOVERNMENTAL UNITS. (c) The director shall prepare information for notifying consumers of the director's option to order a direct refund under this section, shall post the information on the department's Internet website, and shall make printed copies available on request. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. PROCEDURE FOR ADOPTING RULES. in Communications and English from Niagara University. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. (d) Except as approved by the department, a local governmental unit may not require a permit, a fee, a bond, or insurance for the transportation and installation of manufactured housing by a licensed retailer or installer. (2) govern the business conduct of license holders. 2, eff. home; or. Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. 1201.459. 1460), Sec. EFFECTIVE DATE OF REQUIREMENT OR STANDARD. Statement of Ownership Application Instructions (PDF) . (5) Subchapter E, Chapter 17, Business & Commerce Code. 17, eff. Acts 2005, 79th Leg., Ch. 338, Sec. 1201.151. (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. for ownership and tax lien information before March 1982. Sec. 408 (H.B. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is reserved for a business use. 1201.605. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; If one has a manufactured home that lacks a title, a plate with the serial or . 1284 (H.B. 85(3), eff. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). Added by Acts 2001, 77th Leg., ch. (c) The bond or other security is open to successive claims up to the face value of the bond or other security. 1201.505. 1421, Sec. (b) Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. 47, eff. (d) The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed. INSTALLER'S WARRANTY. 1201.162. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. CHANGE IN USE. Texas Parks and Wildlife. (b) Unless, not later than the 65th day after the later of the installation date or the date of the sale or exchange, the consumer notifies the seller in writing of a defect that makes the home not habitable, any obligation or liability of the seller under this subchapter is terminated. 19, eff. Acts 2017, 85th Leg., R.S., Ch. under Section 11.13 only if: (1)the land is owned by one or more individuals, including the applicant; (2)the applicant occupies the manufactured home as the applicant's principal residence; Acts 2009, 81st Leg., R.S., Ch. 338, Sec. USED OR SALVAGED MANUFACTURED HOMES. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. January 1, 2008. September 1, 2017. 74.07, eff. (a) A manufacturer, retailer, broker, or installer who maintains a place of business at one or more locations shall file with the department a separate bond or other security for each location. 2019), Sec. In this chapter: (1) "Advertisement" means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material. subchapter a: codes, standards, terms, fees and administration: subchapter b: . CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. June 18, 2005. 408 (H.B. 338, Sec. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. September 1, 2017. (c) Installation of a manufactured home considered to be real property under this chapter must occur in a manner that satisfies the lending requirements of the Federal Housing Administration (FHA), Fannie Mae, or Freddie Mac for long-term mortgage loans or for FHA insurance. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions.
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