Police were called to a home undergoing extensive renovations where the new owner reported building supplies, namely flooring, appeared to be missing around 11 a.m. Feb. 27. CONSUMER WAIVER VOID. Within 60 days of closing a sale, sellers are required to submit an Application for SOL along with the required fee. Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2003, 78th Leg., ch. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. 2, eff. Added by Acts 2001, 77th Leg., ch. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. 2019), Sec. 1201.153. 2, eff. (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. 863 (H.B. (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. The Forms Professionals Trust! Added by Acts 2001, 77th Leg., ch. 10, eff. (d) A retailer or manufacturer may not vary the content or form of the notice. June 18, 2003. (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. 34(1), eff. (b) A lien recorded before March 1, 1982, with the Texas Department of Transportation or a predecessor agency of that department is recorded with the department for the purposes of this chapter. The TDHCA reviews the application upon receipt and if it finds the evidence presented to be insufficient, it will notify the applicant and send a Request for Additional Information (RAI). June 18, 2003. 1201.355. (c) A broker shall provide any person who engages the broker's services with a written disclosure of which interests in the transaction, if any, the broker represents. PROCEDURE FOR RECOVERY UNDER MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. Ownership and location changes must be recorded with the Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. 1421, Sec. (k) Notwithstanding any provision in this chapter to the contrary, if a person has acquired a manufactured home and the owner of record or any intervening owners of liens or equitable interests cannot be located to assist in documenting the chain of title, the department may issue a statement of ownership to the person claiming ownership if the person can provide a supporting affidavit describing the chain of title and such reasonable supporting proof as the director may require. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 58, eff. Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. JCPenney - Wikipedia A retailer or broker may not employ or otherwise use the services of a salesperson who is not licensed. Sec. Sec. (3) may establish cooperative inspection training programs. This form shows taxes are paid and current. 1079 (H.B. Sec. 5, eff. 408 (H.B. Before the sale to a consumer of a new manufactured home to which a label has been attached and before installation of the home, a manufacturer, retailer, broker, or installer may not alter the home or cause the home to be altered without obtaining prior written approval from a licensed engineer and providing evidence of such approval to the department. 2, eff. 3.06, eff. (b) The board shall adopt rules for the documenting of the ownership of a manufactured home that has been previously owned in this state or another state. Additionally, they must reapply when they move the home, change it from personal property to real property, or when lien information changes. 863 (H.B. 863, Sec. 1201.004. Sec. June 18, 2005. Acts 2005, 79th Leg., Ch. 1421, Sec. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (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. September 1, 2011. 2019), Sec. 408 (H.B. Acts 2007, 80th Leg., R.S., Ch. (a) To ensure that a manufactured home sold or installed in this state complies with the standards code, the director may by contract provide for a federal agency or an agency or political subdivision of this state or another state to perform an inspection or inspection program under this chapter or under rules adopted by the board. The department shall disclose on its Internet website the date of each tax lien filing, the original amount of the tax lien claimed by each filing, and the fact that the amount shown does not include additional sums, including interest, penalties, and attorney's fees. January 1, 2008. You can also file a civil rights complaint with the U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties (CRCL) and/or Department of the Interior Office of . 59, eff. September 1, 2009. 1201.054. 3.08, eff. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. 408 (H.B. 863 (H.B. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. Added by Acts 2001, 77th Leg., ch. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. June 1, 2003. PROHIBITED SALE OR EXCHANGE. (b) If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules. 2019), Sec. 1201.152. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. Manufactured Housing Information | Denton County, TX 34(1), eff. (e) The board shall adopt rules relating to course content and approval. 1201.158. January 1, 2008. 1460), Sec. June 18, 2003. 25, eff. 74.07, eff. 408 (H.B. Sec. 1284, Sec. 3361), Sec. 73(a)(3), eff. 1460), Sec. Statement of Ownership Application Instructions (PDF) . ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". Acts 2005, 79th Leg., Ch. The director may issue an order to revoke, suspend, or deny a new or renewal license. Following the meeting, the director shall either resolve the matter by agreed order, dismiss the matter if no violation is found to have occurred, or institute an administrative action, which may include license suspension or revocation, the assessment of administrative penalties, or a combination of such actions. (a) Sections 1201.204, 1201.205, 1201.206, and 1201.207 do not apply to the purchase of a manufactured home that is purchased by a federal governmental agency and used to provide temporary housing in response to a natural disaster or other declared emergency. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. 863 (H.B. 408 (H.B. Part 1026. 1201.502. CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. 1, eff. PDF Application for SOL - Statement of Ownership and Location for (g) An order of suspension under Subsection (f) may be appealed. Description - Texas Statement of Ownership and Location. 1421, Sec. 31, eff. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. 338, Sec. 1460), Sec. (15) "Label" means a device or insignia that is: (A) issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. Sec. 14A.252(a), eff. September 1, 2017. 408 (H.B. 69, eff. (b) If a combination warranty is given under this section, the manufacturer and retailer are not required to give separate written warranties, but the manufacturer and retailer are jointly liable with the seller of the real property to the purchaser for the performance of their respective warranty obligations. If a license suspension is probated, the department may require the person to: (1) report regularly to the department on matters that are the basis of the probation; (2) limit practice to the areas prescribed by the department; or. September 1, 2017. (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. 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. 13, eff. 1201.005. September 1, 2009. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; If required by law or otherwise necessary, the director may obtain an inspection search warrant. Site Search: Manufactured Housing Report Options. A. September 1, 2017. Associate Last Name. Sec. (2) notify the department and the chief appraiser of the applicable appraisal district that the copy has been filed. 12, eff. 6, eff. Sec. INSPECTION SEARCH WARRANTS. The statement from the tax assessor-collector must indicate that, with respect to each January 1 occurring in the 18-month period preceding the date of the sale, there are no perfected and enforceable tax liens on the manufactured home that have not been extinguished and canceled in accordance with Section 32.015, Tax Code, or personal property taxes due on the manufactured home. Amended by Acts 2003, 78th Leg., ch. 54, eff. 85(8), eff. 2019), Sec. 34, eff. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). 1201.101. January 1, 2008. 49, eff. (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. Information You'll Need when Buying a Mobile Home in Texas September 1, 2009. The department may withdraw the authorization if the local governmental unit fails to follow the rules, interpretations, and written instructions of the department. September 1, 2017. 338, Sec. 1201.109. Sec. September 1, 2009. Sec. Manufactured Housing Landscape 2020 - Fannie Mae 2, eff. 1460), Sec. A continuing education program must be at least eight hours long and must include the current rules of the department and such other matters as the board may deem relevant. 2, eff. 863 (H.B. 1460), Sec. Acts 2005, 79th Leg., Ch. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. } 1201.354. 1460), Sec. 1460), Sec. January 1, 2008. 2438), Sec. (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. June 18, 2005. 2438), 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. Amended by Acts 2003, 78th Leg., ch. The department shall make available to the public on the department's Internet website in a searchable and downloadable format all ownership and lienholder information contained on the statement of ownership. 1079 (H.B. 863 (H.B. 1201.107. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. 1284 (H.B. Our office does not update manufactured home titles. The dos and don'ts of buying manufactured housing Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. (28) "Seal" means a device or insignia issued by the director that, for title purposes, is to be attached to a used manufactured home as required by the director. (a) Except as provided by Section 1201.456, a broker shall ensure that the seller gives the buyer the applicable disclosures and warranties that the buyer would have received if the buyer had purchased the manufactured home through a licensed retailer. 1460), Sec. (b) The purposes of this chapter are to: (1) encourage the construction of housing for state residents; and. approved by the secretary of housing and urban development. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. June 18, 2005. If homeowners wish to return their manufactured home from real property back to personal property, they can do so by applying for a new Statement of Ownership. 15(2), eff. Such rules may also specify such procedures and requirements as the board may deem necessary and advisable for the administration of the manufactured homeowner consumer claims program. (b) The warranty must conspicuously disclose the requirement that the consumer notify the installer of any claim in writing in accordance with the terms of the warranty. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (25) "Rules" means the rules of the department. 338, Sec. September 1, 2017. 1284 (H.B. 408 (H.B. 863 (H.B. 66, eff. (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. The accrued interest on amounts remitted by the director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the assessed penalty is paid to the director and ending on the date the penalty is remitted. Acts 2017, 85th Leg., R.S., Ch. The Business & Commerce Code applies to transactions relating to manufactured housing except to the extent that it conflicts with this chapter. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. 1079 (H.B. Acts 2017, 85th Leg., R.S., Ch. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. September 1, 2017. 2019), Sec. Sec. 27, eff. Acts 2021, 87th Leg., R.S., Ch. 1135 (H.B. Breaking a lease due to disability can also be costly. 1201.205. (c) After a change described by Subsection (a), the licensee shall provide to the department a proper endorsement to the original bond showing that the bond continues to apply to the license without interruption. June 1, 2003. The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality. June 18, 2005. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. Amended by Acts 2003, 78th Leg., ch. Misuse of this system is subject . 1201.060. Acts 2007, 80th Leg., R.S., Ch. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. 33, eff. 12, eff. 29, eff. 2019), Sec. 11, eff. DIRECT CONSUMER COMPENSATION. 2019), Sec. 23, eff. 863 (H.B. If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final. (b) The department shall cooperate with the Texas Department of Motor Vehicles by providing current lists of licensed manufacturers, retailers, and installers. 863, Sec. June 18, 2003. 2438), Sec. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously: (1) been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license; (2) been found to have engaged in activity subject to this chapter without possessing the required license; (3) caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or. September 1, 2017. Laredo Texas Statement of Ownership and Location - Texas Department Of An incomplete application can also delay processing. 4 (S.B. (b) A retailer may not sell, represent for sale, or offer for sale real property in conjunction with the sale of a manufactured home except as authorized by the department consistent with Chapter 1101. 32, eff. If a mobile home is replaced by a HUD-code manufactured home in the municipality, the municipality shall grant a permit for use of the manufactured home as a dwelling in the municipality. Statement From Tax Assessor-Collector from the local tax collector's office is needed. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. (b) If a used manufactured home is reserved for a business use or another nonresidential use or is salvaged, a person may not knowingly allow any person to occupy or use the home as a dwelling unless the director issues a new statement of ownership indicating that the home is no longer reserved for that use or is no longer salvaged. 42, eff. 1201.459. (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. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. (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 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. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; . June 18, 2003; Acts 2003, 78th Leg., ch. Sec. Acts 2009, 81st Leg., R.S., Ch. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. Acts 2007, 80th Leg., R.S., Ch. 34, eff. Acts 2007, 80th Leg., R.S., Ch. They will need to discharge or pay off lien holders before moving the home or get their written consent for the move. USED OR SALVAGED MANUFACTURED HOMES. (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. The definition of a manufactured home per section 32.015 of the Texas Property Tax Code is: (c) A manufactured home has the meaning assigned by section 1201.003 of the Occupations Code. (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. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. 17, eff. June 20, 2003. (c) Before closing on the acquisition of a new or used manufactured home for use as a permanent dwelling in this state, a consumer seeking to acquire the home must provide to the retailer, broker, or salesperson selling or exchanging the home satisfactory evidence that the home will not be located, in a manner that violates local, state, or federal law, on a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency. 67, eff. Acts 2017, 85th Leg., R.S., Ch. 1201.503. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. 408 (H.B. 3.13, eff. September 1, 2017. Title Transfer of a Mobile Home in Texas | Silberman Law Firm, PLLC