(4) failed to abide by the terms of a final order, including the payment of any assessed administrative penalties. Acts 2009, 81st Leg., R.S., Ch. Site Search: Manufactured Housing Report Options. (b) Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license. Acts 2007, 80th Leg., R.S., Ch. (a) The director may issue without notice and hearing an order to cease and desist from continuing a particular action or an order to take affirmative action, or both, to enforce compliance with this chapter if the director has reasonable cause to believe that a person has violated or is about to violate any provision of this chapter or a rule adopted under this chapter. 863 (H.B. September 1, 2011. (b) Before declaring a manufactured home abandoned, the owner of real property on which the home is located must send a notice of intent to declare the home abandoned to the record owner of the home, all lienholders at the addresses listed on the home's statement of ownership on file with the department, the tax collector for each taxing unit that imposes ad valorem taxes on the real property where the home is located, and any intervening owners of liens or equitable interests. (a-1) If the sale or exchange of a used manufactured home is for the purchaser's nonresidential use other than a business use, the home is not required to be habitable. June 1, 2003. June 1, 2003. 2238), Sec. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. September 1, 2017. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). 408 (H.B. LICENSE FEES. The SOL application also details all the pertinent information about the mobile home, the seller (s), the buyer (s), and even the closing details will be made public record. 23, eff. SEAL PROPERTY OF DEPARTMENT. Acts 2007, 80th Leg., R.S., Ch. 1201.2055. 1201.401. 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. Sort By. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. (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. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. Sec. 2019), Sec. Acts 2005, 79th Leg., Ch. window.status = msgStr; 12, eff. 46 (H.B. JUDICIAL REVIEW. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. Acts 2011, 82nd Leg., R.S., Ch. 863 (H.B. By contrast, about a third of site-built homeowners earn . 1421, Sec. 2019), Sec. (2) be of the type, size, and format required by the director. September 1, 2013. 25, eff. document.returnValue = true; FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. September 1, 2017. 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. 1079 (H.B. Acts 2005, 79th Leg., Ch. (a) A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. January 1, 2008. A family relationship required by this subsection may be a relationship established by adoption. 1276, Sec. 1284 (H.B. 36, eff. Acts 2005, 79th Leg., Ch. Sec. The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home. 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** 1284 (H.B. 1201.052. 13, eff. Added by Acts 2003, 78th Leg., ch. September 1, 2011. Added by Acts 2001, 77th Leg., ch. June 18, 2003. (e) The advisory committee established by Subsection (d) shall make a report to the board setting forth each comment and concern over any proposed rules. Acts 2011, 82nd Leg., R.S., Ch. The appellant shall be provided at least three days' notice of the time and place of the hearing. (6) "Broker" means a person engaged by one or more other persons to negotiate or offer to negotiate a bargain or contract for the sale or exchange of a manufactured home for which a certificate or other document of title has been issued and is outstanding. (2) the name of the person to whom title to the home will be transferred under this section is the same name that is listed in the real property or tax records indicating the current ownership of the real property. September 1, 2017. 1421, Sec. Acts 2017, 85th Leg., R.S., Ch. June 18, 2003. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). 1201.459. September 1, 2009. In our commitment to open government, we invite open records requests in writing. September 1, 2013. (b) The department may issue a statement of ownership before the release of any liens or before receiving the consent of any lienholders as required by this section, or without receiving the statement required by Section 1201.206(g), if the department releases a copy of the statement to: (1) a licensed title insurance company that has issued a commitment to issue a title insurance policy covering all prior liens on the home in connection with a loan that the title company has closed; or. June 18, 2003. ownership interest in the development, except for a tax credit . 1460), Sec. (2) "Affiliate" means a person who is under common control. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. In this subchapter: (1) "Certificate of attachment" means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes), as that subsection existed before that date. 1201.602. The board shall issue an order after receiving a proposal for decision. (c) This chapter shall be liberally construed to promote its policies and accomplish its purposes. SUBCHAPTER B. To replace the title with a personal property Statement of Ownership and Location, you will need to submit an SOL application and the original title document. (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. 2019), Sec. 19, eff. (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. Retail Manufactured Housing Inventory Tax Statement Form 50-268 CONFIDENTIAL. 863 (H.B. 1201.601. 863 (H.B. 408 (H.B. (a) A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality. (d) If the approval of a continuing education program expires between regularly scheduled board meetings, the director may, on receipt of the required renewal application, fee, and necessary documentation of education material, approve the continued administration of the program until the next board meeting. Sec. (a) With respect to the storage of manufactured homes for hire, a licensed retailer is: (1) a "warehouse" as defined by Section 7.102, Business & Commerce Code; and. September 1, 2011. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . 1201.357. (a) Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to 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: (b) For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405. 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). (C) does not include a recreational vehicle as defined by 24 C.F.R. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. Added by Acts 2001, 77th Leg., ch. 42, eff. Research Manufactured Homeownership Records - Before you buy a used manufactured home or submit an application to transfer ownership, please check department records for current ownership information, mortgage liens, and tax liens. 338, Sec. 408 (H.B. contract or agreement; and. Acts 2005, 79th Leg., Ch. 2019), Sec. 14, eff. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. June 1, 2003. 85(1), eff. 2019), Sec. (a) A person is eligible to sign a right of survivorship agreement under this subchapter if the person: (1) is married and the spouse of the signing person is the only other party to the agreement; (2) is unmarried and attests to that unmarried status by affidavit; or. Application for Certificate(s) of Financial Responsibility, as . September 1, 2011. Sec. 1201.002. June 1, 2003. June 1, 2003. Sec. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). If they submit the application after 60 days, there will be a late fee charged up to $100. 3.16, eff. (f) If the owner of a manufactured home relocates the home, the owner shall apply for the issuance of a new statement of ownership not later than the 60th day after the date the home is relocated. The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty. 1201.107. Sec. Sec. Acts 2009, 81st Leg., R.S., Ch. 1201.510. You should also check for delinquencies with the local tax office(s). Sec. The Louisiana Manufactured Housing Association (LMHA) is a nonprofit trade association formed in 1966 to preserve and promote the manufacutured and modular housing industry in the State of Louisiana. Acts 2009, 81st Leg., R.S., Ch. September 1, 2017. The TDHCA requires a copy of the title commitment or policy. (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. (b) A retailer may not charge to the consumer any fees or expenses other than the real property appraisal and title work expenses disclosed to the consumer under Subsection (a)(3). 1201.104. 2438), Sec. June 1, 2003. 863 (H.B. Contact us. CEASE AND DESIST. (c) A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer. Married couple will be the only owners and agree that the . 26, eff. 2019), Sec. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. 1460), Sec. The remedies available under Subchapter E, Chapter 17, Business & Commerce Code, are cumulative of the remedies under this chapter. January 1, 2008. Sec. 3, eff. 3.09, eff. 408 (H.B. 2238), Sec. 338, Sec. 1284 (H.B. Acts 2007, 80th Leg., R.S., Ch. September 1, 2013. 13, eff. 1276, Sec. Sec. 408 (H.B. Any certified copies of a Statement of Ownership are free upon request. DEFINITIONS. Added by Acts 2017, 85th Leg., R.S., Ch. (12) any other information the board requires. (C)the applicant could not locate the seller after making a good faith effort. 863 (H.B. 14, eff. Acts 2007, 80th Leg., R.S., Ch. (c) The department shall issue a new statement of ownership to a survivor if: (1) an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under Section 1201.213; and. 1460), Sec. 3361), Sec. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2013. (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). Sec. subchapter a: codes, standards, terms, fees and administration: subchapter b: . Sec. 408 (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. September 1, 2017. (11) failed to pay the required fee to obtain or renew a license. Acts 2017, 85th Leg., R.S., Ch. 1201.001. PROCEDURE FOR LICENSE RENEWAL. (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.
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