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2019), Sec. 2, eff. DEFINITIONS BINDING. 2741), Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. 2019), Sec. June 18, 2003. Sec. 1201.114. Acts 2007, 80th Leg., R.S., Ch. (c) A notice of appeal and request for hearing must be filed with the director not later than the 30th day after the date of notice of the director's action. A violation of this subsection is a Class B misdemeanor. 1421, Sec. 2019), Sec. These forms are copywrited. (e) A real property election for a manufactured home is not considered to be perfected until a copy of the statement of ownership has been filed and the department and the chief appraiser of the applicable appraisal district have been notified of the filing as provided by Subsection (d). IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; 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. 30, eff. Added by Acts 2001, 77th Leg., ch. 1201.504. If for any reason the seller or transferor does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. LICENSE APPLICATION. Contact Mobile Homes. June 1, 2003. (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. real property or personal property and regardless of whether the manufactured home (2) each lienholder, including a taxing unit, gives written consent, to be placed on file with the department. 10, eff. 4, eff. 2019), Sec. Sec. (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. September 1, 2017. 1460), Sec. Amended by Acts 2003, 78th Leg., ch. 381 Frontage Road Princeton, WV 24739. Manufactured homes that are declared as personal property are taxed separately from the land. (B) sells or exchanges at least two manufactured homes to consumers in a 12-month period. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. (b) A request under Subsection (a) must contain: (1) the name of the owner of the home as reflected on the statement of ownership; or. June 18, 2003. 46 (H.B. 2, eff. 2438), Sec. 1201.452. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; Acts 2007, 80th Leg., R.S., Ch. 1201.303. 408 (H.B. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. (a) A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in. 3361), Sec. 26, eff. An appeal is a contested case governed by Chapter 2001, Government Code. APPLICATION FOR ISSUANCE OF STATEMENT OF OWNERSHIP. Breaking a lease due to disability can also be costly. 2, eff. Amended by Acts 2003, 78th Leg., ch. 14, eff. (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. PDF An Internal Audit of the Manufactured Housing Division's Titling Process (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. A licensed salesperson may not participate in a sale of a manufactured home unless the sale is through the retailer or broker who sponsored the salesperson's application as required by Section 1201.103(d). September 1, 2009. 10, eff. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. Acts 2009, 81st Leg., R.S., Ch. June 18, 2003. The retailer must also provide the required information, supporting documents and fees to the TDHCA. 863 (H.B. 55, eff. (A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or. 408 (H.B. 2019), Sec. 2019), Sec. (c) The department may demand copies of contracts, invoices, receipts, or other proof of any real property appraisal and title work expenses retained by a retailer. 2438), Sec. 408 (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. (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. 53, eff. 5, eff. 863 (H.B. PDF Attorney General of Texas 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; June 18, 2005. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. Any person is allowed to sell one manufactured home in a twelve-month period. The attorney general and the director may recover reasonable expenses incurred in obtaining injunctive relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition expenses. 2238), Sec. (4) the issuance of an initial or revised statement of ownership. 73(a)(3), eff. September 1, 2017. September 1, 2011. Our office does not update manufactured home titles. Acts 2009, 81st Leg., R.S., Ch. (c) The renewal license expires on the second anniversary of the date the license was renewed. Sec. January 1, 2008. Within 60 days of closing a sale, sellers are required to submit an Application for SOL along with the required fee. September 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. Sec. September 1, 2011. (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if: (1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and. Retail Manufactured Housing Inventory Tax Statement Form 50-268 CONFIDENTIAL. 1420), Sec. Manufactured Homeowners' Recovery Trust Fund. 2019), Sec. (a) A local governmental unit of this state may not adopt a standard for the construction or installation of manufactured housing in the local governmental unit that is different from a standard adopted by the board unless, after a hearing, the board expressly approves the proposed standard. Sec. September 1, 2017. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. 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. Sec. 1201.407. 1201.304. 2019), Sec. (b) The director may request or issue subpoenas for a licensee's records. (c) This chapter shall be liberally construed to promote its policies and accomplish its purposes. 21, eff. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1201.610. Acts 2007, 80th Leg., R.S., Ch. Sec. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. (2) improve the general welfare and safety of purchasers of manufactured housing in this state. 1), Sec. 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. September 1, 2017. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. 41, eff. 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 . (29) "Standards code" means the Texas Manufactured Housing Standards Code. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. Buyers should first contact a professional, such as Mobile Home HQ, to obtain advice on the right questions you should ask to prevent future problems from occurring. January 1, 2008. (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. * Note: These forms are available as Add-Ons to your existing TMHA Membership. September 1, 2017. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. Manufactured housing is habitable only if: (1) there is no defect or deterioration in or damage to the home that creates a dangerous situation; (2) the plumbing, heating, and electrical systems are in safe working order; (A) free from a substantial opening that was not designed; and. 1201.1521. September 1, 2011. (b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. 1460), Sec. PROHIBITED CONSTRUCTION BY MANUFACTURER. Manufactured Housing. (b) Notwithstanding the limitations and terms of any warranty, the director may, whenever the department identifies any aspect of an installation that does not conform to applicable requirements, order the licensee who performed the installation to correct it, or, if that licensee is no longer licensed, reassign correction to a licensed installer and reimburse the person from the fund for the costs of correction.