(c) A retailer, broker, or salesperson or a person acting on behalf of a retailer or broker may not receive or accept compensation or consideration of any kind from the seller of the real property or a person acting on the seller's behalf. function dm(msgStr) { 1201.551. In this Buying a Mobile Home in Texas: Everything You Need to Know, Application for Statement of Ownership and Location (SOL), Manufactured Home Ownership Records database, Questions To Ask When Buying A Used Mobile Home. 1201.105. 36, eff. 73(a)(3), eff. 338, Sec. 33, eff. The department shall cooperate with all local governmental units in this state. June 1, 2003. Acts 2017, 85th Leg., R.S., Ch. (c) If a new manufactured home is salvaged, the retailer shall remove the label and surrender the label and the manufacturer's certificate under Section 1201.204 to the director for issuance of a statement of ownership that indicates that the home is salvaged. (c)The owner of land that qualifies as a residence homestead under this section is Texas Parks and Wildlife. (b) On application, the municipality shall permit the installation of a HUD-code manufactured home for use as a dwelling in any area determined appropriate by the municipality, including a subdivision, planned unit development, single lot, and rental community or park. September 1, 2011. As otherwise indicated below. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. 30, eff. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. 338, Sec. Sec. NATURE OF PROPERTY. 40, eff. September 1, 2017. 2438), Sec. 2019), Sec. INSTALLATION OF MANUFACTURED HOUSING. Acts 2013, 83rd Leg., R.S., Ch. The reasonableness of the insurer's judgment that the cost of repairing the home would exceed the full insured value of the home does not affect whether the home is salvaged. 1201.009. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. 408 (H.B. Jan. 1, 2004. January 1, 2008. Within 60 days of closing a sale, sellers are required to submit an Application for SOL along with the required fee. The program must place priority on inspecting multisection homes and homes installed in Wind Zone II counties. (e) The lists to be provided under this section may be provided electronically. The suspension shall continue until the person has complied with the cease and desist order or paid the administrative penalty. Sec. A person can get a certified copy of a current Statement of Ownership for free by mailing or faxing the request to 512-475-1109, or email the request to processing@tdhca.state.tx.us. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. Sec. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING, SUBTITLE C. REGULATION OF CERTAIN TYPES OF HOUSING AND BUILDINGS. 2238), Sec. SECURITY: LOCATION. PROHIBITED RETENTION OF DEPOSIT. The instruction under this subsection is in addition to the instruction required under Subsection (a). This subsection does not apply to: (2) an advertisement concerning real property on which there is a manufactured home that has been converted to real property in accordance with Section 1201.2055. June 18, 2005. Contact Us: By Mail: Assessment Department. 1460), Sec. Added by Acts 2001, 77th Leg., ch. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. 408 (H.B. September 1, 2017. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. Sec. 21, eff. By contrast, about a third of site-built homeowners earn . 77 (H.B. 408 (H.B. ADMINISTRATIVE PENALTY. (d) A retailer or manufacturer may not vary the content or form of the notice. 338, Sec. 1201.1521. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. June 18, 2003. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. 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. September 1, 2017. The director may issue an order to prohibit a person who is not licensed as an installer from performing installation functions under the oversight of a licensed installer. In an announcement on Thursday . (e) If the governor by executive order or proclamation declares a state of disaster under Chapter 418, Government Code, the director, in accordance with rules adopted by the board, may waive the imposition of any fee under this chapter in the affected area. 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. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. (d) The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed. The MHD regulates the manufactured housing industry providing services such as recording ownership, inspecting 32, eff. Statement of Ownership and Location FAQ's. What you Need to Know when Buying MH. 1421, Sec. A Statement of Ownership must replace any certificate of title. 60, eff. (c) A retailer's or manufacturer's compliance with United States Department of Housing and Urban Development regulations and the director's rules concerning the notice is conclusive proof that: (1) the consumer received sufficient notice of the risks of occupying the home; and. (d) The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order. September 1, 2009. The department shall investigate the allegation, and if the department determines that the allegation is credible, the department shall issue a new order specifying the date and time of the proposed corrective action. (c) The director shall prepare information for notifying consumers of the director's option to order a direct refund under this section, shall post the information on the department's Internet website, and shall make printed copies available on request. The real property owner must disclose to the record owner, lienholder, tax assessor-collector, or intervening owner seeking to remove the home the location of the home and grant the person reasonable access to the home. January 1, 2008. Added by Acts 2001, 77th Leg., ch. 8(1), eff. Acts 2013, 83rd Leg., R.S., Ch. January 1, 2008. September 1, 2009. 22, eff. To apply for a duplicate certificate of title the owner of record needs to complete the form Request for Duplicate Title (DMV-4-TR), with a lien release (if applicable), and include a copy of . Sept. 1, 2003. INSTALLER'S WARRANTY. Added by Acts 2013, 83rd Leg., R.S., Ch. 4 (S.B. 1079 (H.B. Processing takes about 15 business days, but the applicant can pay an additional $55 service fee to process it within five business days from receipt. Sec. 10, eff. 1201.609. 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. Stay up-to-date with how the law affects your life. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT. 1460), Sec. 1201.001. 12, eff. (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. 1284 (H.B. The period for the performance of any required warranty work may be shortened by the director as much as is feasible if the warranty work is believed necessary to address a possible imminent threat to health or safety. Acts 2007, 80th Leg., R.S., Ch. 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. Acts 2011, 82nd Leg., R.S., Ch. MANUFACTURER'S CERTIFICATE. 1, eff. (c) In determining the amount of an administrative penalty assessed under this section, the director shall consider: (3) the amount necessary to deter future violations; (4) efforts made to correct the violation; and. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. Acts 2017, 85th Leg., R.S., Ch. (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. 2019), Sec. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. 26, eff. Here's part three of Fox News Digital's list of the most bizarre and . Sending a fax to 512-475-1109. 1284 (H.B. September 1, 2011. (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). Sec. 1201.304. 3, eff. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing: (1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and. 4, eff. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. June 1, 2003. September 1, 2017. 863 (H.B. The instruction under this subsection is in addition to the instruction required under Subsection (a). 1460), Sec. 1276, Sec. 1201.107. 19, eff. Sec. 27, eff. 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. 77 (H.B. Acts 2007, 80th Leg., R.S., Ch. (i) Notwithstanding the 60-day deadline specified in Subsection (d), if the closing of a mortgage loan to be secured by real property including the manufactured home is held, the loan is funded, and a deed of trust covering the real property and all improvements on the property is recorded and the licensed title company or attorney who closed the loan failed to complete the conversion to real property in accordance with this chapter, the holder or servicer of the loan may apply for a statement of ownership electing real property status, obtain a copy of the statement of ownership, and make the necessary filings and notifications to complete such conversion at any time provided that: (1) the record owner of the home, as reflected on the department's records, has been given at least 60 days' prior written notice at: (A) the location of the home and, if it is different, the mailing address of the owner as specified in the department records; and. 15(2), eff. A family relationship required by this subsection may be a relationship established by adoption. 1201.451. 408 (H.B. January 1, 2008. You will need to include a receipt from the Tax Assessor-Collector with your form, which shows that no taxes remain unpaid on the home, and a lien release form from the previous lien holder. 77 (H.B. 1201.602. CRIMINAL PENALTY. (c) A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to: (1) comply with a written or implied warranty; or. 408 (H.B. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail. 85(2), eff. Sec. If you cannot find the home, you can look through the archived records for any ownership information before March 1982. September 1, 2013. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. 1201.359. An application to install a new HUD-code manufactured home for use as a dwelling is considered to be granted unless the municipality in writing denies the application and states the reason for the denial not later than the 45th day after the date the application is received. 1201.2075. IAdminfootr01a_01_01 = new Image(52, 28);IAdminfootr01a_01_01.src = '/images/home_nav.gif'; Acts 2007, 80th Leg., R.S., Ch. Once the agency deems the application complete, it issues the Statement of Ownership. (b) Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. June 1, 2003. Mailing of the notice by certified mail, return receipt requested, postage prepaid, to the persons required to be notified by this subsection constitutes conclusive proof of compliance with this subsection. (2) the real property owner may declare the home abandoned and may apply to the department for a statement of ownership listing the real property owner as the owner of the manufactured home. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. (d) Notwithstanding any other provision of this chapter, if the consumer purchases a new manufactured home from a licensed retailer in the ordinary course of business, whether or not a statement of ownership has been issued for the manufactured home, the consumer is a bona fide purchaser for value without notice and is entitled to ownership of the manufactured home free and clear of all liens and to a statement of ownership reflecting the same on payment by the consumer of the purchase price to the retailer. Added by Acts 2001, 77th Leg., ch. Sec. June 1, 2003. 1510), Sec. Sec. (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. 1460), Sec. 3.16, eff. June 18, 2003. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; September 1, 2009. 6, eff. Sec. Added by Acts 2019, 86th Leg., R.S., Ch. June 18, 2005. 2238), Sec. (3) the information and the cost required under Section 1201.1031. 2, eff. 4, eff. 1201.162. Acts 2017, 85th Leg., R.S., Ch. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. Sec. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. 2019), Sec. Sec. Sec. 2238), Sec. 1201.202. (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. 14, eff. Statement From Tax Assessor-Collector from the local tax collector's office is needed. (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. Acts 2011, 82nd Leg., R.S., Ch. 13, eff. During this period the department will post on its Internet website a notice as to when it is anticipated that processing statements of ownership will resume and when it is anticipated that such processing will be within the 15-working-day time frame provided by Subsection (a). 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. License Expiration Date. 1201.110. HABITABILITY. Questions or comments, please call 1-800-500-7074. 1, eff. 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. function di(id,name){ (c) The department shall conduct a criminal history check of each applicant for a license or renewal of a license using information: (1) provided by the individual under this section; and. 6, eff. License Status. (a) The director may inspect manufactured homes at the state border and adopt rules necessary for the inspection of manufactured homes entering this state to ensure: (A) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 21, eff. 85(3), eff. (a) The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director determines that the applicant or license holder: (1) knowingly and wilfully violated this chapter or a rule adopted or order issued under this chapter; (2) unlawfully retained or converted money, property, or any other thing of value from a consumer in the form of a down payment, sales or use tax, deposit, or insurance premium; (3) failed repeatedly to file with the department a completed application for a statement of ownership before the 61st day after the date of the sale of a manufactured home as required by Section 1201.206 or the date of the installation, whichever occurred later; (4) failed to give or breached a manufactured home warranty required by this chapter or by the Federal Trade Commission; (5) engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code; (6) failed to provide or file a report required by the department for the administration or enforcement of this chapter; (7) provided false information on an application, report, or other document filed with the department; (8) acquired a criminal record during the five-year period preceding the application date that, in the opinion of the director, makes the applicant unfit for licensing; (9) failed to file a bond or other security for each location as required by Subchapter C; (10) has had another license issued by this state revoked or suspended; or. 3613), Sec. 2438), Sec. HEARING ON STANDARD OR REQUIREMENT. (a) In selling a manufactured home to collect delinquent taxes, a tax assessor-collector is not required to comply with this subchapter or another provision of this chapter relating to the sale of a used manufactured home. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 2238), Sec. 1201.217. function dmim(msgStr) { 1079 (H.B. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. Acts 2017, 85th Leg., R.S., Ch. (2) adopt rules intended to maintain the historical passage rate for the examination. (b) A person who owns a used manufactured home that is salvaged shall apply to the director for the issuance of a new statement of ownership that indicates that the home is salvaged. 338, Sec. CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. Amended by Acts 2003, 78th Leg., ch. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. 1421, Sec. 32, eff. 1284 (H.B. 3361), Sec. (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license. 863, Sec. 1284 (H.B. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. Acts 2007, 80th Leg., R.S., Ch. 1201.157. 2438), Sec. The director may issue an order to revoke, suspend, or deny a new or renewal license. Sec. 3361), Sec. 863 (H.B. 20, eff. Acts 2007, 80th Leg., R.S., Ch. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. 2, eff. 1460), Sec. 46, Sec. Acts 2005, 79th Leg., Ch. June 18, 2003. June 1, 2003. STATEMENT OF OWNERSHIP FORM. 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. 408 (H.B. Copyright 2023, Thomson Reuters. (a) Except as provided by Subsection (b) or Section 1201.206(k), the department may not issue a statement of ownership for a manufactured home that is being converted from personal property to real property until: (1) each lien on the home is released by the lienholder; or. 863 (H.B. (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. 1276, Sec. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. (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. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. Detroit-based DTE Energy reported more than 130,000 customers lost power Friday evening. Amended by Acts 2003, 78th Leg., ch. The director shall record the date and time of receipt of each verified complaint and, as money becomes available, pay the consumer whose claim is the earliest by date and time to have been found to be verified and properly payable. Sec. Acts 2017, 85th Leg., R.S., Ch. PROCEDURE FOR REFUSAL TO ISSUE OR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. (c) An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license. A double-wide is 2 sections of mobile home , and a triple-wide is 3 sections of mobile home. 9, eff. (c) A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that: (2) a purchaser of the home at a tax sale may obtain a new statement of ownership from the department without an inspection for habitability. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. June 1, 2003. 5, eff. September 1, 2017. 1201.406. REFUNDS. 77 (H.B. (7) "Business use" means the use of a manufactured home in conjunction with operating a business, for a purpose other than as a permanent or temporary residential dwelling. 62, eff. Acts 2017, 85th Leg., R.S., Ch. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. (c) Before the signing of a binding retail installment sales contract or other binding purchase agreement on a new HUD-code manufactured home, the retailer must give the consumer a copy of: (3) the warranties given by the manufacturers of appliances or equipment included with the home; and. 31, eff. Acts 2007, 80th Leg., R.S., Ch. (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. 2019), Sec. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. 1460), Sec. Added by Acts 2003, 78th Leg., ch. 1201.1511. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b.
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