1079 (H.B. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. (19) "Manufacturer" means a person who constructs or assembles manufactured housing for sale or exchange in this state. 408 (H.B. 40, eff. September 1, 2011. 1510), Sec. 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 . (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. DISCLOSURE BY RETAILER AND LENDER. June 18, 2005. June 18, 2003. 2, eff. Acts 2017, 85th Leg., R.S., Ch. Sec. 1284 (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. Amended by Acts 2003, 78th Leg., ch. (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. Sec. ELIGIBILITY TO SIGN RIGHT OF SURVIVORSHIP AGREEMENT. January 1, 2008. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. Control #: TX-C104 Instant Download Buy now. Added by Acts 2003, 78th Leg., ch. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. September 1, 2013. 408 (H.B. The link to Contact the Aircraft Registration Branch provides our contact information including our mailing and physical addresses. 1201.404. Consumer Protection and General Information: Tenant Guide to Allocated Water or Wastewater Service, Tenant Guide to Submetered Water or Wastewater Service. 44, eff. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 63, eff. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. } Sec. September 1, 2017. (b) To protect the public health, safety, and welfare and to ensure the availability of low cost manufactured housing for all consumers, the director shall adopt rules to: (1) protect the interests of consumers who occupy or want to purchase or install manufactured housing; and. 1284 (H.B. SECURITY: DURATION. 1201.554. Acts 2005, 79th Leg., Ch. (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. 863 (H.B. 2019), Sec. If there is a mortgage lien, you can provide either the completed Form B, documents, which identify the manufactured home that verifies the lien is fully paid and/or has been released, written consent from the lienholder than an SOL has been issued for the property, or a statement from an attorney or the title company declaring all prior liens and taxes on the home have been paid. 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 . A bond is not required of the director with respect to injunctive relief granted under this subsection. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. 863 (H.B. 5, eff. September 1, 2009. 2, eff. 14A.252(a), eff. September 1, 2017. 2438), Sec. 59, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 85(3), eff. 1201.207. 408 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 338, Sec. (g) A person may not make an announcement concerning the sale or exchange of, or offer to sell or exchange, a manufactured home to a consumer in this state through an advertisement unless the person holds a manufacturer's, retailer's, or broker's license. 1201.502. ); and. Acts 2007, 80th Leg., R.S., Ch. Failure to include the original manufacturer's certificate with such an application does not impair a consumer's ability to obtain, on submittal of an otherwise complete application, a statement of ownership free and clear of any liens other than liens created by or consented to by the consumer. June 1, 2003. 863 (H.B. 1201.155. Shop the Trumh mobile homes and manufactured homes from Mobile Home Corpus Christi, one of the best sellers for TRU manufactured homes. 863 (H.B. } PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. June 20, 2003. Acts 2011, 82nd Leg., R.S., Ch. 2238), Sec. a residence homestead under Section 11.13, the application for exemption required by Section 11.43 must be accompanied by: (1)a copy of the statement of ownership for the manufactured home issued by the manufactured 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; (d) If an owner elects to treat a manufactured home as real property, the department shall issue to the owner a copy of the statement of ownership that on its face reflects that the owner has elected to treat the manufactured home as real property at the location listed on the statement. September 1, 2013. (800) 792-1112. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. Sec. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. 1201.205. 47, eff. 53, eff. (b) Except in the case of an applicant for a salesperson's license, successful completion of the course of instruction is a prerequisite to obtaining the license. Penney OpCo LLC, doing business as JCPenney and often abbreviated JCP, is a midscale American department store chain operating 667 stores across 49 U.S. states and Puerto Rico. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. 1201.114. 408 (H.B. 85(5), eff. Sept. 1, 2003. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. 2019), Sec. 36, eff. 22, eff. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. Amended by Acts 2003, 78th Leg., ch. PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME. 1460), Sec. A double-wide is 2 sections of mobile home , and a triple-wide is 3 sections of mobile home. 1201.103. Added by Acts 2001, 77th Leg., ch. (g) Subsections (a), (a-2), (a-3), and (a-4) do not apply to a license holder who applies: (1) for a license for an additional business location; or. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. The TDHCA will order an inspection to make sure the home is habitable for residents. September 1, 2017. September 1, 2013. Acts 2009, 81st Leg., R.S., Ch. (b) The purposes of this chapter are to: (1) encourage the construction of housing for state residents; and. Sec. Sec. (5) any other matters that justice may require. September 1, 2017. 1284 (H.B. 1079 (H.B. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. Texas Parks and Wildlife. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. 93-533) and its implementing regulations, a retailer shall deliver to a consumer at least 24 hours before the sales purchase contract is fully executed the contract, with all required information included, signed by the retailer. You will need to pay a $55 issuance fee for a new SOL. CONSUMER COMPLAINT HOME INSPECTION. 30, eff. 1284 (H.B. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . To move a manufactured home, the state requires the owner to get a permit from the Department of Motor Vehicles (DMV). January 1, 2008. June 1, 2003. (c) A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that: (2) a purchaser of the home at a tax sale may obtain a new statement of ownership from the department without an inspection for habitability. (a) The department shall administer the manufactured homeowner consumer claims program to provide a remedy for damages resulting from prohibited conduct by a person licensed under this chapter. 1421, Sec. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). The board shall issue an order after receiving a proposal for decision. 30, eff. (c) Notwithstanding any other provision of this section or any other law, the filing of a lien security agreement on the inventory of a retailer does not prevent a buyer in the ordinary course of business, as defined by Section 1.201, Business & Commerce Code, from acquiring good and marketable title free of that lien, and the department may not consider that lien for the purpose of title issuance. 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. 1201.003. The TDHCA will review the initial Statement of Ownership application. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 2438), Sec. MANUFACTURER'S WARRANTY. P. O. Acts 2017, 85th Leg., R.S., Ch. A license may be renewed as provided by the director. Acts 2007, 80th Leg., R.S., Ch. (d) A retailer or manufacturer may not vary the content or form of the notice. (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. 944), Sec. Acts 2017, 85th Leg., R.S., Ch. // 1201.118. 1201.601. (2) the home is habitable with respect to formaldehyde emissions. NATURE OF PROPERTY. 1201.1521. January 1, 2008. You can do this by either searching the Manufactured Home Ownership Records database online or calling the Texas Department of Housing and Community Affairs directly. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. To replace a Certificate of Attachment (COA) for a real property SOL, you need to send an SOL application and the original COA or an affidavit of fact which states that the COA was filed in the real property records. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; Sec. 1801 Congress Ave . 1460), Sec. June 1, 2003. H. OUSING . (c) This chapter shall be liberally construed to promote its policies and accomplish its purposes. (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. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. Sec. September 1, 2017. June 1, 2003. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. The amended report and order supersede the initial report and order. In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151: (1) three times the amount of the deposit; and. Sec. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. January 1, 2008. Sec. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. 58, eff. 39, eff. 2019), Sec. 408 (H.B. STANDARDS AND REQUIREMENTS ADOPTED BY BOARD. September 1, 2013. June 18, 2003. 2019), Sec. Fax: 517-241-0130. 408 (H.B. (a) In selling a manufactured home to collect delinquent taxes, a tax assessor-collector is not required to comply with this subchapter or another provision of this chapter relating to the sale of a used manufactured home. 1201.608. 21, eff. 863 (H.B. 1421, Sec. The director shall prepare information for notifying consumers of their rights to recover under the manufactured homeowner consumer claims program, shall post the information on the department's website, and shall make printed copies available on request. January 1, 2008. 863 (H.B. Manufactured homes that are declared as personal property are taxed separately from the land. (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. 1201.058. 7, eff. SHORT TITLE. Acts 2007, 80th Leg., R.S., Ch. 2, eff. 1201.221. January 1, 2008. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. 2, eff. or the payment receipt showing that the applicant is the purchaser of the manufactured 2238), Sec. 1276, Sec. 408 (H.B. 4200 Smith School Road. How do I get a replacement title for a mobile home in Texas? January 1, 2008. 408 (H.B. (c) The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable. CHANGE IN USE. 2, eff. January 1, 2008. This chapter may be cited as the Texas Manufactured Housing Standards Act. Added by Acts 2001, 77th Leg., ch. (d) Unless the information provided for in Subsection (c) is provided electronically, the department shall pay the reasonable cost of providing the list and information under Subsection (c). Added by Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Statement From Tax Assessor-Collector from the local tax collector's office is needed. 2438), Sec. September 1, 2013. 1421, Sec. INFORMATION ON OWNERSHIP AND TAX LIEN. 408 (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. 3361), Sec. (4) the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request. (h) The department shall remove from a manufactured home's statement of ownership a reference to any tax lien delinquent more than four years for which no suit has been timely filed in accordance with Section 33.05(a)(1), Tax Code, if: (1) a tax collector confirms no suit has been filed; or, (A) has submitted to a tax collector two requests under Subsection (g) sent not fewer than 15 days apart; and. (c) The standards adopted under Subsection (a)(1) must ensure that manufactured housing installed on both permanent and nonpermanent foundation systems resists overturning and lateral movement, according to the design loads for the particular wind zone for which the housing was constructed. 2019), Sec. 11, eff. January 1, 2008. 1135 (H.B. 2, eff. USED OR SALVAGED MANUFACTURED HOMES. 863 (H.B. (2) a copy of the statement of ownership for the home has been filed in the real property records of the county in which the home is located. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. Amended by Acts 2003, 78th Leg., ch. REFUNDS. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. Acts 2017, 85th Leg., R.S., Ch. (3) the information and the cost required under Section 1201.1031. Added by Acts 2001, 77th Leg., ch. Sec. 12, eff. Sec. 12, eff. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. 14A.258(a), eff. 338, Sec. September 1, 2013. 1460), Sec. 408 (H.B. Sec. 338, Sec. June 1, 2003. The rules must protect a lienholder recorded with the department. 863 (H.B. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 1284 (H.B. (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. 3.15, eff. 2, eff. (b) The director may issue an order to any person to cease and desist from violating any law, rule, or written agreement or to take corrective action with respect to any such violations if the violations in any way are related to the sale, financing, or installation of a manufactured home or the providing of goods or services in connection with the sale, financing, or installation of a manufactured home unless the matter that is the basis of such violation is expressly subject to inspection and regulation by another state agency; provided, however, that if any matter involves a law that is subject to any other administration or interpretation by another agency, the director shall consult with the person in charge of the day-to-day administration of that agency before issuing an order. 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. Sec. Added by Acts 2001, 77th Leg., ch. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. 2238), Sec. L. No. (a) If the manufacturer, retailer, or installer, as applicable, fails to provide warranty service within a period specified by the director, the manufacturer, retailer, or installer must show good cause in writing as to why the manufacturer, retailer, or installer failed to provide the service. (c) The warrantor has the burden of proof to show that the defect or damage is caused by the move. (3) the department by rule shall require evidence that the holder or servicer requesting such after-the-fact completion of a real property election has complied with the requirements of this subsection. ); (4) a rule or regulation of the United States Department of Housing and Urban Development; or. 18, eff. Acts 2007, 80th Leg., R.S., Ch. 1201.509. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. (b) If a combination warranty is given under this section, the manufacturer and retailer are not required to give separate written warranties, but the manufacturer and retailer are jointly liable with the seller of the real property to the purchaser for the performance of their respective warranty obligations. (2) the identification number of the home. September 1, 2017. 1201.354. (b) If it is determined that a new manufactured home was sold or exchanged without the required sales and use tax being paid, the payment shall be made from the fund, up to the available penal amount of the licensee's bond or the remaining balance of the security for the license, and a claim for reimbursement shall be filed with the licensee's surety or the amount deducted from the security for the license. If you can't find the home you are looking for, try looking in our archived records. Sec. September 1, 2017. January 1, 2008. M. ANUFACTURED . ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". 85(3), eff. (a) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. 14A.260(a), eff. 1284 (H.B. (2) appliances and equipment included with the sale of the home and installed by the retailer are or will be: (A) installed in accordance with the instructions or specifications of the manufacturers of the appliances or equipment; and. 1276, Sec. Sec. Before you buy or sell a used manufactured home, you should check the TDHCA ownership and lien information. Though it may seem intimidating, buying a mobile home in Texas can be extremely easy once you have a solid idea of what youre looking for and how to do it. 1201.607. The TDHCA reviews the application upon receipt and if it finds the evidence presented to be insufficient, it will notify the applicant and send a Request for Additional Information (RAI). (e) A deposit becomes a down payment upon execution of a sales purchase contract. FORMALDEHYDE HEALTH NOTICE. If the seller files the SOL form after 60 days, they can face a fee of up to $100. (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. June 18, 2005. (2) money stated to be a down payment in an executed retail sales contract. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. June 1, 2003. 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. Keep in mind there may be additional closing forms required. If they submit the application after 60 days, there will be a late fee charged up to $100. 1201.117. 1201.006. (a) A person may not construct or assemble in this state or ship into this state a new HUD-code manufactured home unless the person holds, at the time the home is constructed or assembled, a manufacturer's license. 863 (H.B. Added by Acts 2001, 77th Leg., ch. 1201.551. September 1, 2017. 32, eff. PROHIBITED SHIPPING BY MANUFACTURER. Added by Acts 2007, 80th Leg., R.S., Ch. This form is available by subscription . 15(3), eff. DOWN PAYMENT. 1276, Sec. (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. 408 (H.B. 1201.158. Sec. Manufactured Housing Division. September 1, 2017. } 1510), Sec. Sec. Added by Acts 2007, 80th Leg., R.S., Ch. 2438), Sec. (b) Not later than the 60th day after the date of the retail sale, the retailer shall provide to the department the completed application for the issuance of a statement of ownership. 2, eff. In the State of Texas, all mobile or manufactured home Statement of Ownership are issued by the Texas Department of Housing and Community Affairs (TDHCA), Manufactured Housing Division located in Austin. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously: (1) been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license; (2) been found to have engaged in activity subject to this chapter without possessing the required license; (3) caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or. 408 (H.B. By contrast, about a third of site-built homeowners earn . 1460), Sec. A hearing of an appeal of an order of suspension issued under Subsection (f) shall be held not later than the 15th day after the date of receipt of the notice of appeal.
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