Sec. Sec. (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. (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. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. Acts 2005, 79th Leg., Ch. January 1, 2008. January 1, 2008. (B) other information required by this chapter. Sec. 811 (H.B. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. (e) Notwithstanding any other provision of this chapter, if the consumer purchases a used manufactured home from a retailer in the ordinary course of business, the consumer takes the manufactured home free and clear of any liens created by the selling retailer even if they are recorded. Sec. Acts 2011, 82nd Leg., R.S., Ch. (c) After the first retail sale of a manufactured home, the retailer must submit the original manufacturer's certificate for that home to the department. Any certified copies of a Statement of Ownership are free upon request. 45, eff. 2238), Sec. If the applicant made a mistake, they'll need to fill out a new application and pay the $55 fee a second time for a correct statement. BROKER. Site Search: Manufactured Housing Report Options. (2) be of the type, size, and format required by the director. 7, eff. Sept. 1, 2003. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and. 1460), Sec. 85(5), eff. 16, eff. Acts 2017, 85th Leg., R.S., Ch. 46 (H.B. 1201.1505. Added by Acts 2001, 77th Leg., ch. (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. 59, eff. As otherwise indicated below. CEASE AND DESIST. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. 5, eff. 1421, Sec. DIRECT CONSUMER COMPENSATION. Acts 2007, 80th Leg., R.S., Ch. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; 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. Acts 2007, 80th Leg., R.S., Ch. Sec. (b) Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license. 15, eff. September 1, 2011. (c) A retailer, broker, or salesperson may not sell or exchange, or offer to sell or exchange, a manufactured home to a consumer in this state for use as a dwelling unless the appropriate seal or label is attached to the home. Not later than the 60th day after the date the department issues a copy of the statement of ownership to the owner, the owner must: (1) file the copy in the real property records of the county in which the home is located; and. (d) In accordance with the provisions of Section 7.210, Business & Commerce Code, a licensed retailer acting as a warehouse to enforce a warehouse's lien is considered to have sold a manufactured home in a commercially reasonable manner if the retailer sells the manufactured home in the same manner the retailer would sell a manufactured home at retail. September 1, 2017. 2, eff. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. (a) The department may inspect a licensee's records during normal business hours without advance notice if the director believes that such inspection is necessary to prevent a violation of this chapter, to protect a consumer or another licensee, or to assist another state or federal agency in an investigation. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. September 1, 2009. 46 (H.B. (a-1) If the applicant is not an individual, the applicant must have at least one related person who satisfies the requirements of Subsection (a). 12, eff. Acts 2005, 79th Leg., Ch. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; Acts 2009, 81st Leg., R.S., Ch. (a) A manufacturer's certificate must show: (1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. 408 (H.B. 1201.158. 15, eff. 1460), Sec. (c) Not later than the 60th day after the date of each subsequent sale or transfer of a home that is considered to be personal property, the seller or transferor shall provide to the department a completed application for the issuance of a new statement of ownership. Sec. June 1, 2003. January 1, 2008. September 1, 2017. 408 (H.B. (B) the most economical and efficient means to address those problems and serve the public interest. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. January 1, 2008. September 1, 2017. September 1, 2017. (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. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. HEARING ON STANDARD OR REQUIREMENT. PROCEDURE FOR ADOPTING RULES. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. Attach the mobile home statement of ownership and location or sales contract. Sec. 7, eff. 863 (H.B. INSPECTION OF LICENSEE RECORDS. Sec. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. 1201.453. (b) A retailer may not knowingly permit a consumer to occupy a manufactured home that is the subject of a sale or exchange to that consumer before the closing of any required financing unless the consumer is first given a form adopted by the board disclosing that if for any reason the financing does not close, the consumer may be required to vacate the home. 1201.554. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. 1421, Sec. 01/16/18 . Login ID. 2438), Sec. 5 reads "Each manufactured home shall bear a data plate affixed in a permanent manner near the main electrical panel or . (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. June 18, 2005. 338, Sec. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. 1201.510. (2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2017. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. (2) apply to a person who is licensed as a real estate broker or salesperson under Chapter 1101 and who, as agent of a buyer or seller, negotiates the sale or lease of a manufactured home and the real property to which the home is attached if: (A) the same person is the record owner of both the manufactured home and the real property; and. 3.09, eff. 408 (H.B. (a-1). COMPLIANCE NOT REQUIRED FOR LIENHOLDER. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. September 1, 2017. September 1, 2017. 2, eff. Amended by Acts 2003, 78th Leg., ch. 8, eff. Our office does not update manufactured home titles. The Texas Department of Housing & Community Affairs (TDHCA) handles all transfers of manufactured housing. Sec. (c) The holder of the debt instrument is entitled to full indemnity from the retailer or manufacturer for a claim based on an act or omission of the retailer or manufacturer. 863 (H.B. January 1, 2008. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. September 1, 2017. 73(a)(3), eff. 38, eff. (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. (b) The abatement continues until the earlier of: (1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or. (3) is provided an itemized list of the specific real property appraisal and title work expenses incurred by the retailer. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. 5, eff. 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. 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 . June 18, 2003. 8(1), eff. INSTRUCTION FEE. 1460), Sec. The first step to writing a bill of sale is to first come to a terms agreement between the buyer and seller, which includes the price of the mobile home. Sec. 1421, Sec. License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. Acts 2011, 82nd Leg., 1st C.S., Ch. (a) For the purposes of this chapter, a manufactured home is salvaged if the home is scrapped, dismantled, or destroyed or if an insurance company pays the full insured value of the home. (j) Repealed by Acts 2017, 85th Leg., R.S., Ch. 24, eff. 2019), Sec. Manufactured Homeowners' Recovery Trust Fund. Sec. 1201.212. 30, eff. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. 408 (H.B. (c) At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer: (2) the warranties given by the manufacturers of appliances or equipment installed in the home. 2, eff. WARRANTY FOR HUD-CODE MANUFACTURED HOME PERMANENTLY ATTACHED TO REAL PROPERTY. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. 2019), Sec. (B) free from defects in materials or workmanship. (a-1)An appraisal district may rely upon the computer records of the Texas Department The Statement of Ownership is what confirms ownership and liens recorded with the Department. 863 (H.B. June 18, 2005. Questions or comments, please call 1-800-500-7074. September 1, 2017. When buying or selling a mobile home with Mobile Home HQ our team will provide and make sure all paperwork is correct and compliant with the state. (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. Sec. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. Sec. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. (h) If a person selling a manufactured home to a consumer for residential use fails to file with the department the application for the issuance of a statement of ownership and the appropriate filing fee before the 61st day after the date of the sale, the department may assess a fee of at least $100 against the seller. 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. (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. window.status = msgStr; (29) "Standards code" means the Texas Manufactured Housing Standards Code. Acts 2007, 80th Leg., R.S., Ch. June 18, 2003. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. 1460), Sec. Sec. (b) To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet the Wind Zone II standards adopted by the United States Department of Housing and Urban Development. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. (d) A tax lien on a manufactured home not held in a retailer's inventory is perfected only by filing with the department the notice of the tax lien on a form provided by the department in accordance with the requirements of Chapter 32, Tax Code. September 1, 2017. If they did not make a mistake, the TDHCA will correct the statement and send it to the homeowner free of charge. January 1, 2008. 2019), Sec. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and. Acts 2017, 85th Leg., R.S., Ch. (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. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. 1079 (H.B. (b) If a person charged with the violation accepts the determination of the director, the director shall issue an order approving the determination and ordering that the person pay the recommended penalty.
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