(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 408 (H.B. 3361), Sec. (a-1). The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. 63, eff. (B) other information required by this chapter. 1460), Sec. Amended by Acts 2003, 78th Leg., ch. 2, eff. Section 5401 et seq. Sec. September 1, 2017. (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. 408 (H.B. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. 1201.409. All rights reserved. 1201.510. (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. Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract. The notice must include the address where the home is currently located. 2, eff. 863 (H.B. The department may make a request under this subsection electronically, and a taxing authority may provide notice of the existence or absence of a timely filed tax suit electronically. The consumer shall continue to have the right of rescission with regard to the retailer until the end of the third day after the retailer delivers a copy of the disclosure required by Subsection (a). Acts 2011, 82nd Leg., R.S., Ch. 1079 (H.B. MANUFACTURED HOUSING. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. Acts 2007, 80th Leg., R.S., Ch. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. 863 (H.B. 863 (H.B. 67, eff. 1201.156. The warranty may expressly disclaim or limit any warranty regarding cosmetic defects. 1421, Sec. HEARING ON STANDARD OR REQUIREMENT. (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. Check out the following resources from the Texas Department of Housing Housing and Community Affairs: Consumer Info Brochure. January 1, 2008. // Website by: Left Hand Design, Manufactured Home and Space Lease Agreement, Notice for Dwelling Located in Floodplain, Notice for Dwelling Located in Area of Flooding Within Last 5 Years, Consumer Consent Notice E-Sign Act & Texas Uniform Electronic Transactions Act, PUC's Rules for Water and Sewer Submetering or Allocation, Water and Wasterwater Submetering Addendum, Water and Wasterwater Allocation Addendum, Lease with an Option to Purchase Addendum, Regulation M: Closed-End/Net Lease Disclosure, 30-Day Notice to Vactate for Nonpayment at a CARES Act Covered Property, 3-Day Notice to Vacate For Other Than Nonpayment, 10-Day Notice to Vacate For Other Than Nonpayment. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. 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** 1421, Sec. 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. Acts 2017, 85th Leg., R.S., Ch. (d) If a hearing is not requested under Subsection (c) before the 31st day after the date an order is issued, the order is considered final and not appealable. 3, eff. document.returnValue = false; Amended by Acts 2003, 78th Leg., ch. 2019), Sec. 1201.056. 408 (H.B. (b) On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453. 1201.101. 2019), Sec. 98, eff. June 18, 2005. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. Sec. 1421, Sec. ADVERTISEMENT AS OFFER. June 18, 2005. September 1, 2009. (2) be of the type, size, and format required by the director. 85(1), eff. The form must require the disclosure of the original dollar amount of the tax lien and the name and address of the person in whose name the manufactured home is listed on the tax roll. 1201.104. January 1, 2008. (a) The manufacturer's and retailer's warranties do not apply to any defect or damage caused by moving a new HUD-code manufactured home from the initial installation site. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 22, eff. January 1, 2008. January 1, 2008. 408 (H.B. (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed. (a) A manufactured home is treated as real property only if: (1) the owner of the home has elected to treat the home as real property as provided by Section 1201.2055; and. The mobile home's physical location changes. DIRECT CONSUMER COMPENSATION. 1201.605. (g) The department may request that a tax collector confirm that no tax suit has been timely filed on any manufactured home tax lien more than four years in delinquency. 338, Sec. (b) Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond. Sept. 1, 2003. (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. 2019), Sec. 1284 (H.B. Acts 2009, 81st Leg., R.S., Ch. 1460), Sec. January 1, 2008. (2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims. (d) If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must: (1) identify the bond on file with the department in conjunction with that person's license; and. Added by Acts 2007, 80th Leg., R.S., Ch. (b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties. 2438), Sec. (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. 1201.602. Sec. The TDHCA requires an inspection and lien search to prove there are no liens on the property. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. 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. Acts 2017, 85th Leg., R.S., Ch. (a) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a cash transaction occurring not later than the third day after the date the sales purchase contract is signed, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. (b) If a surety files for liquidation or reorganization in bankruptcy or is placed in receivership, the license holder shall obtain other security not later than the 60th day after the date that notice of the filing or receivership is received. 1, eff. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. (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. Acts 2005, 79th Leg., Ch. 2438), Sec. 1079 (H.B. 47, eff. Stay up-to-date with how the law affects your life. Sec. January 1, 2008. Added by Acts 2001, 77th Leg., ch. 1460), Sec. 1201.058. 863 (H.B. To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. (c) If the sale or exchange of the repossessed manufactured home is to a purchaser for the purchaser's business use or another nonresidential use, the lienholder shall apply to the department for the issuance of a new statement of ownership indicating that the home is reserved for a business use or another nonresidential use. If required by law or otherwise necessary, the director may obtain an inspection search warrant. 1201.060. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. BROKER. By Email: mhtaxes . 4, eff. 2019), 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. 1460), Sec. Acts 2011, 82nd Leg., R.S., Ch. If you currently own a title certificate and need an SOL, you can find helpful application instructions down below. Mhd Form 1071 Is Often Used In Texas Legal Forms, Legal And United States Legal Forms. Section 1601 et seq.). 2019), Sec. Acts 2009, 81st Leg., R.S., Ch. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. Click here to access an Open Records Request form. The hearing shall be governed by Chapter 2001, Government Code. September 1, 2017. 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 2017, 85th Leg., R.S., Ch. 47, eff. 381 Frontage Road Princeton, WV 24739. Step 3: Check exemptions that apply to you. 408 (H.B. (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. Amended by Acts 2003, 78th Leg., ch. (6) the reported date of the installation of the home. 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. Added by Acts 2003, 78th Leg., ch. The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of that department. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . 1201.151. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. January 1, 2008. (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). (a) The department shall make available in electronic format, or in hard-copy format on request, to each chief appraiser of an appraisal district in this state a monthly report that, for each manufactured home reported as having been installed during the preceding month in the county for which the district was established and for each manufactured home previously installed in the county for which a transfer of ownership was recorded by the issuance of a statement of ownership during the preceding month, lists: (2) the name of the manufacturer of the home, if available; (3) the model designation of the home, if available; (4) the identification number of each section or module of the home; (5) the address or location where the home was reported as installed; and. The surety is not liable for successive claims in excess of the face value of the bond, regardless of the number of years the bond remains in force. Acts 2017, 85th Leg., R.S., Ch. 5, eff. There is no additional fee for the release of . SEAL OR LABEL REQUIRED. September 1, 2011. September 1, 2013. September 1, 2017. This subsection does not prohibit the collection of actual costs incurred by a local governmental unit that result from the transportation of a manufactured home. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. CONSUMER WAIVER VOID. 1460), Sec. June 18, 2003. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. They will need to discharge or pay off lien holders before moving the home or get their written consent for the move. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. Acts 2005, 79th Leg., Ch. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. 2019), Sec. (d) After consideration of the comments, if any, the director shall issue a final determination. 408 (H.B. 2019), Sec. 863 (H.B. January 1, 2008. Sec. When you conduct a title search, you will need to provide the complete serial number, Texas Seal number or HUD label for the mobile home, the address of the property, and the first and last name of the current or legal owner. Sec. (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. 6, eff. 85(5), eff. Code, Chapter 1201). 1421, Sec. Current as of April 14, 2021 | Updated by FindLaw Staff. Sort By. SECURITY: DURATION. 2019), Sec. 338, Sec. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. 2438), Sec. 1460), Sec. 20, 21, eff. 13, eff. CHANGE IN USE. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. September 1, 2011. Section 5301 et seq.) Sec. 1201.410. (b) If the department issues a statement of ownership for a manufactured home, the department shall maintain a record of the issuance in its electronic records and shall mail a copy to the owner and each lienholder. 863 (H.B. (8) "Consumer" means a person, other than a person licensed under this chapter, who seeks to acquire or acquires by purchase or exchange a manufactured home. document.returnValue = true; Acts 2007, 80th Leg., R.S., Ch. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. 6, eff. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. The the lease on our 2016 Honda CR-V comes up this . (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. 27, eff. STANDARDS AND REQUIREMENTS ADOPTED BY BOARD. Sec. 408 (H.B. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. 408 (H.B. June 18, 2005. 3361), Sec. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien. (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. Acts 2017, 85th Leg., R.S., Ch. (e) Repealed by Acts 2017, 85th Leg., R.S., Ch. INFORMATION ON OWNERSHIP AND TAX LIEN. The instruction under this subsection is in addition to the instruction required under Subsection (a). 8, eff. 68, eff. 2019), Sec. 59, eff. (a) On written request, the department shall provide information held by the department on: (1) the current ownership and location of a manufactured home; and. 863 (H.B. (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. 1201.508. MANUFACTURER'S CERTIFICATE. 20, eff. September 1, 2017. 408 (H.B. 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. JUDICIAL REVIEW. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. A manufacturer may not ship a HUD-code manufactured home into this state for sale or resale unless the manufacturer complies with: (1) all requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.
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