1201.606. June 1, 2003. 1460), Sec. 1201.203. (b) The department shall refuse to issue a license to or renew the license of a person who does not comply with the requirement of Subsection (a). 408 (H.B. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 8(2), eff. September 1, 2013. (2) on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership. June 18, 2003. 46 (H.B. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. (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. June 18, 2005. Acts 2017, 85th Leg., R.S., Ch. June 18, 2003. You can find additional help in the SOL Application Instructions. 1201.361. 2438), Sec. 58, eff. 1460), Sec. However, the manufactured home's conversion to real property is incomplete until a certified copy of the document is recorded with the county of location. Acts 2017, 85th Leg., R.S., Ch. (a) Rules must be adopted in accordance with Chapter 2001, Government Code, and with this section. (a) The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that combines the manufacturer's warranty and the retailer's warranty required by this subchapter if: (1) the statement of ownership reflects that the owner has elected to treat the home as real property; (2) the home is actually located where the statement of ownership reflects that it is located; and. 1460), Sec. 37, eff. (c) A manufactured home installed on a permanent foundation system and offered for sale as real property does not require a bond. 408 (H.B. (a) The board shall adopt rules and otherwise act as necessary to: (1) comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (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. // 3.07, eff. 408 (H.B. 1460), Sec. (c) Not later than the 30th day after the date on which the decision is final, the person charged shall: (2) if the person files a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both the fact of the violation and the amount of the penalty: (A) forward the amount assessed to the department for deposit in an escrow account; (B) in lieu of payment into escrow, post with the department a supersedeas bond for the amount of the penalty, in a form approved by the director and effective until judicial review of the decision is final; or. This allows department staff to assist the homeowner and stop additional undocumented sales by that retailer. (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. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. 8(1), eff. 77 (H.B. DISCLOSURE BY RETAILER AND LENDER. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. The seller is required to give the buyer all of the required documents, such as the tax lien, Statement of Ownership and Location or the title certificate, and any past inspection reports or repair invoices. September 1, 2009. 77 (H.B. PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (1) the statement of ownership and location for the home issued under Section 1201.207, Occupations Code, reflects that the owner has elected to treat the home as real property . Category: Texas Real Estate - Manufactured Homes. 2, eff. GENERAL PROVISIONS. 2438), Sec. 2019), Sec. June 18, 2003. 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. June 18, 2005. 1460), Sec. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. DIRECT CONSUMER COMPENSATION. September 1, 2009. The amended report and order supersede the initial report and order. 1201.113. 19, eff. Sec. PROHIBITED SHIPPING BY MANUFACTURER. Section 3282.8(g). Other than in the case of a fire or natural disaster, a general-rule or home-rule municipality by an ordinance or charter may limit the ability of the owner to replace his home to a single replacement. 1421, Sec. Sec. 1201.505. June 18, 2003. Sec. Because of its regulatory nature, MHD has its own board and executive director. (b) The director may suspend or revoke a license if, after receiving notice of a claim, the license holder or the license holder's surety fails or refuses to pay a final claim paid under the manufactured homeowner consumer claims program for which demand for reimbursement was made. The application fee is currently $55, which should be submitted directly to the TDCHA. (12) any other information the board requires. 1460), Sec. Amended by Acts 2003, 78th Leg., ch. Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). Acts 2005, 79th Leg., Ch. Acts 2007, 80th Leg., R.S., Ch. 1201.202. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. Venue for the suit is in Travis County. 863 (H.B. 25, eff. (b)The land on which a manufactured home is located qualifies as a residence homestead (2) 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. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. All other counties are in Wind Zone I. Sec. The warranty must conspicuously disclose that notice requirement to the consumer. 13, eff. 1201.213. Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** DECEPTIVE TRADE PRACTICES. September 1, 2017. September 1, 2017. Sec. 1079 (H.B. If the seller files the SOL form after 60 days, they can face a fee of up to $100. 2019), Sec. CONSUMER COMPENSATION. 1201.554. (1) a deposit held in escrow in a real estate transaction; or. (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. September 1, 2013. 69, eff. Manufactured Housing has moved! September 1, 2017. (d) The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order. MANUFACTURER'S WARRANTY. 1201.212. (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. The appellant shall be provided at least three days' notice of the time and place of the hearing. 1201.610. June 18, 2003; Acts 2003, 78th Leg., ch. January 1, 2008. 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. A family relationship required by this subsection may be a relationship established by adoption. 2019), Sec. (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. (b) A licensed retailer is not required to file a bond or other security to be licensed as a broker or installer. 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. CRIMINAL PENALTY. License Number License Holder Name. (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. 2019), Sec. Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. EXCEPTIONS TO LICENSE REQUIREMENT. Can I Use a Bill of Sale for a Texas Trailer Title? The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. 2238), Sec. January 1, 2008. home; or. The application must include all the following documents as a part of this form. 408 (H.B. In order to satisfy this requirement, the property owner may apply to our office for any of the following: Our staff is available to assist you with these and any questions regarding property taxes on manufactured housing. June 18, 2003. 6, eff. 1460), Sec. (d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987. January 1, 2008. (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. 1201.253. Sec. 30, eff. If they submit the application after 60 days, there will be a late fee charged up to $100. HEARING ON STANDARD OR REQUIREMENT. 408 (H.B. September 1, 2017. To move a manufactured home, the state requires the owner to get a permit from the Department of Motor Vehicles (DMV). 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. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. June 18, 2005. 16, eff. September 1, 2013. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. ), the board shall establish fees as follows: (1) if the department acts as a design approval primary inspection agency, a schedule of fees for the review of HUD-code manufactured home blueprints and supporting information, to be paid by the manufacturer seeking approval of the blueprints and supporting information; (2) except as provided by Subsection (e), a fee for the inspection of each HUD-code manufactured home manufactured or assembled in this state, to be paid by the manufacturer of the home; (3) a fee for the inspection of an alteration made to the structure or plumbing, heating, or electrical system of a HUD-code manufactured home, to be charged on an hourly basis and to be paid by the person making the alteration; (4) a fee for the inspection of the rebuilding of a salvaged manufactured home, to be paid by the retailer; (5) a fee for the inspection of a used manufactured home to determine whether the home is habitable for the issuance of a new statement of ownership; and. (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). 338, Sec. When applying for a Statement of Ownership, buyers must determine what supporting documents they may need: As otherwise indicated below. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. (a) The department shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.