(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. 40, eff. 1460), Sec. 20, eff. Sec. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. (d) Repealed by Acts 2011, 82nd Leg., R.S., Ch. (b) Unless, not later than the 65th day after the later of the installation date or the date of the sale or exchange, the consumer notifies the seller in writing of a defect that makes the home not habitable, any obligation or liability of the seller under this subchapter is terminated. (26) "Salesperson" means a person who, as an employee or agent of a retailer or broker, sells or offers to sell manufactured housing to a consumer. (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. Sec. January 1, 2008. 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. September 1, 2017. June 1, 2003. 863 (H.B. Sec. 2019), Sec. The consumer may not recover more than the penalties provided by Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. Because of its regulatory nature, MHD has its own board and executive director. 1201.502. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. 3361), Sec. Next . The board shall issue an order after receiving a proposal for decision. 1460), Sec. (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. 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. SHORT TITLE. Manufactured homes that are declared as personal property are taxed separately from the land. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th 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. 1201.553. 46 (H.B. June 18, 2003. 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. (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. This form is available by subscription . September 1, 2017. (2) on the death of one of the persons, the department is provided with a copy of the death certificate of that person. 1460), Sec. The notice must include the address where the home is currently located. Sec. Statement of Ownership and Location FAQ's. What you Need to Know when Buying MH. (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. 37, eff. (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. 381 Frontage Road Princeton, WV 24739. (d) A civil action to enjoin a violation of this section may be brought by: (1) a purchaser in the county in which the violation occurs; or. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. Emailing the TDHCA at processing@tdhca.state.tx.us, Sending their concerns via mail to TDHCA, P.O. 2, eff. 1284 (H.B. (2) appliances and equipment included with the sale of the home and installed by the retailer are or will be: (A) installed in accordance with the instructions or specifications of the manufacturers of the appliances or equipment; and. Acts 2011, 82nd Leg., R.S., Ch. CONTINUING EDUCATION PROGRAMS. (2) for a foreclosed constitutional or statutory lien, if the person entitled to the lien files an affidavit showing the creation of the lien and the resulting divestiture of title according to law. January 1, 2008. Added by Acts 2001, 77th Leg., ch. Sec. 338, Sec. (b) The manufacturer's warranty is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of an already installed new home, whichever is later. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. 3.14, eff. If a buyer purchases their manufactured home from a licensed retailer, that seller assists them in completing the necessary forms. Other than in the case of a fire or natural disaster, a general-rule or home-rule municipality by an ordinance or charter may limit the ability of the owner to replace his home to a single replacement. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. (4) the location to which the license will apply. (b) Repealed by Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. Sec. (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. 2, eff. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. 1421, Sec. 2, eff. 2, eff. June 1, 2003. 1460), Sec. subchapter a: codes, standards, terms, fees and administration: subchapter b: . Acts 2017, 85th Leg., R.S., Ch. D. EPARTMENT OF . TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. Amended by Acts 2003, 78th Leg., ch. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. (e) The director, after giving notice, may impose against a person who violates a cease and desist order an administrative penalty in an amount not to exceed $1,000 for each day of the violation. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. (a) The manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that: (1) the home is constructed or assembled in accordance with all building codes, standards, requirements, and regulations prescribed by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. By contrast, about a third of site-built homeowners earn . (a) If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer that the consumer could assert against the holder of the manufactured home debt instrument must be asserted against the holder in the primary suit against the retailer or manufacturer. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. 2019), Sec. ISSUANCE OF ORDERS AND REQUESTS FOR HEARINGS. (j) If it appears that a person is in violation of, or is threatening to violate, any provision of this chapter or a rule or order related to the administration and enforcement of the manufactured housing program, the attorney general, on behalf of the director, may institute an action for injunctive relief to restrain the person from continuing the violation and for civil penalties not to exceed $1,000 for each violation and not exceeding $250,000 in the aggregate. The department shall cooperate with all local governmental units in this state. 338, Sec. Acts 2009, 81st Leg., R.S., Ch. (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. Sec. 408 (H.B. (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. 1201.052. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. Description - Texas Statement of Ownership and Location. 1201.2075. (2) any generic installation standards promulgated by rule shall first be reviewed by an advisory committee established by the board comprised of representatives of manufacturers, installers, and manufacturers of stabilization systems or devices, including one or more licensed engineers. 2019), Sec. 1201.116. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. September 1, 2017. 2019), Sec. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. Section 4001 et seq. (d) An applicant for a salesperson's license must: (1) file with the director an application that provides any information the director considers necessary and that is sponsored by a currently licensed retailer or broker; and. September 1, 2017. When ownership is established, all manufactured homes, house trailers, and mobile homes are issued one certificate of title by the Department of Motor Vehicles (DMV) because they are considered vehicles and not fixed houses. Sec. 1510), Sec. 863 (H.B. (2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. Sec. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. Sec. Our office does not update manufactured home titles. Whether or not the individual ceased further activity is up for debate. 1201.058. All rights reserved. Penney OpCo LLC, doing business as JCPenney and often abbreviated JCP, is a midscale American department store chain operating 667 stores across 49 U.S. states and Puerto Rico. 1201.503. Sec. A civil action filed under this subsection shall be filed in district court in Travis County. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. (d) The course of instruction must be offered at least quarterly. 2019), Sec. 338, Sec. There is no additional fee for the release of lien when it is part of a transfer of ownership. housing division of the Texas Department of Housing and Community Affairs under Section 1201.207, Occupations Code, showing that the individual applying for the exemption is the owner of the manufactured Added by Acts 2005, 79th Leg., Ch. Sec. 863 (H.B. 863 (H.B. If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final. (d) Notwithstanding any other provision of this section, the department may make an inspection at any time if it believes that there is a reasonable possibility that a condition exists that would present an imminent threat to health or safety. Sec. (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. 1460), Sec. (2) real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency. June 18, 2003. 46 (H.B. (2) any indebtedness secured by the home or related to a lease agreement between the owner of the real property and the owner of the home is considered delinquent. Acts 2009, 81st Leg., R.S., Ch. NOTICE OF NEED FOR WARRANTY SERVICE. 863 (H.B. (3) may establish cooperative inspection training programs. 25, eff. June 1, 2003. Manufactured Home Property Tax Services. 1420), Sec. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). Sec. 1460), Sec. 6, eff. (a) The seller of real property to which a new HUD-code manufactured home is permanently attached may give the initial purchaser a written warranty that combines the manufacturer's warranty and the retailer's warranty required by this subchapter if: (1) the statement of ownership reflects that the owner has elected to treat the home as real property; (2) the home is actually located where the statement of ownership reflects that it is located; and. (2) on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership. A closing date is then decided where the seller will move their possessions out of the home. 73(a)(3), eff. 2, eff. Acts 2017, 85th Leg., R.S., Ch. (a) Except as otherwise provided by Subchapter C, a payment made under the manufactured homeowner consumer claims program shall be paid directly to a consumer or, at the director's option, to a third party on behalf of a consumer to compensate 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: (3) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. June 18, 2003. DEPARTMENT POWERS AND DUTIES. 56, eff. 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. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. 14, eff. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS MANUFACTURED HOUSING DIVISION Check Status Print STATUS INCOMPLETE P. O. 1421, Sec. (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. When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. 51, eff. (h) If a person selling a manufactured home to a consumer for residential use fails to file with the department the application for the issuance of a statement of ownership and the appropriate filing fee before the 61st day after the date of the sale, the department may assess a fee of at least $100 against the seller. September 1, 2017. } (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. 1201.362. 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 . (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. 2, eff. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. 1201.217. Acts 2017, 85th Leg., R.S., Ch. 2238), Sec. The department shall require that the owner submit evidence that the home was relocated in accordance with the requirements of the Texas Department of Motor Vehicles. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. 408 (H.B. 2, eff. 1201.455. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. The board, with the advice of the advisory committee to be established under Section 1201.251, shall adopt rules to establish what constitutes a sufficient number of installations under this subsection. Amended by Acts 2003, 78th Leg., ch. TRANSFER OF GOOD AND MARKETABLE TITLE REQUIRED. (11) "Subsequent sale" means a bargain, sale, transfer, or delivery of a manufactured home, with intent to pass an interest in the home, other than a lien, from one person to another after the first retail sale and initial issuance of a statement of ownership. Amended by Acts 2003, 78th Leg., ch. January 1, 2008. Added by Acts 2001, 77th Leg., ch. January 1, 2008. Sec. Added by Acts 2001, 77th Leg., ch. Sec. 1201.154. Sec. 73(a)(3), eff. 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; 1201.1031. License Status. (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. September 1, 2017. Sec. 2019), Sec. (b) Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license. 408 (H.B. Click here to access an Open Records Request form. 10, eff. 12, eff. (a) Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time. (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. (g) Subsections (a), (a-2), (a-3), and (a-4) do not apply to a license holder who applies: (1) for a license for an additional business location; or. Acts 2007, 80th Leg., R.S., Ch. BOX 12489 Austin, Texas 78711-2489 Acts 2007, 80th Leg., R.S., Ch. 2438), Sec. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. 29, eff. 56, eff. September 1, 2013. Box 2109. 6, eff. Finding the perfect mobile home doors is a combination of design and personal style. 1510), Sec. Manufactured Homeowners' Recovery Trust Fund. If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code. September 1, 2017. Florida's general state sales tax rate is 6% with the following exceptions: Retail sales of new mobile homes - 3% Amusement machine receipts - 4% Rental, lease, or license of commercial real property - 5.5% Electricity - 6.95% Use TaxA bill of sale is a legal document acting as a receipt between the person selling a used car and the person . September 1, 2017. The TDHCA will review the initial Statement of Ownership application. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. 1201.409. 863 (H.B. 1276, Sec. INSPECTION OF LICENSEE RECORDS. (a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home. DEFINITIONS. (a) Application Requirements. In this chapter: (1) "Advertisement" means a commercial message that promotes the sale or exchange of a manufactured home and that is presented on radio, television, a public-address system, or electronic media or appears in a newspaper, a magazine, a flyer, a catalog, direct mail literature, an inside or outside sign or window display, point-of-sale literature, a price tag, or other printed material. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. September 1, 2017. Sec. September 1, 2013. 408 (H.B. (j) Repealed by Acts 2017, 85th Leg., R.S., Ch. 338, Sec. (b) If an unlicensed retailer, broker, or installer enters into a contract with a consumer concerning a manufactured home, the consumer may void the contract until the second anniversary of the date of purchase of the home. 1201.203. Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. Attach the mobile home statement of ownership and location or sales contract. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government . Sell Lease . 3, eff. (a) Before the completion of a credit application or more than one day before entering into any agreement for a sale or exchange that will not be financed, the retailer must provide to the consumer a written disclosure in the form promulgated by the board. 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. 3361), Sec. 46 (H.B. 2438), Sec. June 1, 2003. (3)a sworn affidavit by the applicant stating that: (A)the applicant is the owner of the manufactured home; (B)the seller of the manufactured home did not provide the applicant with the applicable Added by Acts 2001, 77th Leg., ch. ELECTRONIC PUBLIC RECORDS REQUIRED. 408 (H.B. January 1, 2008. Here's part three of Fox News Digital's list of the most bizarre and . INSPECTION SEARCH WARRANTS. (c) Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency.