RETAILER AS WAREHOUSE. A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense. 2, eff. (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. 85(1), eff. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. 408 (H.B. These forms are copywrited. September 1, 2013. Acts 2005, 79th Leg., Ch. A temporary location for a bona fide trade show sponsored by a nonprofit corporation that qualifies for an exemption from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c) of that code does not require a bond. 863, Sec. 61, eff. Added by Acts 2003, 78th Leg., ch. REPORT AND ORDER; AMENDMENT; COMPLIANCE. September 1, 2017. A licensed salesperson may not participate in a sale of a manufactured home unless the sale is through the retailer or broker who sponsored the salesperson's application as required by Section 1201.103(d). (3) assist the consumer in the delivery or installation of, or in making arrangements for the delivery or installation of, the home to or at a homesite in that area. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. September 1, 2017. 381 Frontage Road Princeton, WV 24739. 1460), Sec. Sec. (B) the name in which the statement of ownership should be issued. 29, eff. During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. 1276, Sec. 77 (H.B. Acts 2011, 82nd Leg., R.S., Ch. (B) the sale or lease occurs in a single real estate transaction. 2019), Sec. function dmim(msgStr) { HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. LICENSE FEES. 85(8), eff. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. 1421, Sec. (21-a) "Nonresidential use" means use of a manufactured home for a purpose other than as a permanent or temporary residential dwelling. 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. 49, eff. on the tax rolls separately. 408 (H.B. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. Search Texas Statutes. Section 5401 et seq. June 18, 2005. Stay up-to-date with how the law affects your life. 1345 (S.B. 2019), Sec. 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. (12) any other information the board requires. Bush State Office Building. 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. 1510), Sec. 2019), Sec. (c) No test shall be given in relation to any continuing education program. Sec. (1) shall advise each local governmental unit biennially in writing of the program for contracting installation inspections; (2) shall encourage local building inspection officials to perform enforcement and inspection activities for manufactured housing installed in the local governmental unit; and. January 1, 2008. 1201.305. 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. Amended by Acts 2003, 78th Leg., ch. License Expiration Date. 1201.108. RULES RELATING TO CERTAIN PERSONS. To receive a lost title replacement, the mobile home owner first needs to complete the Application for Statement of Ownership and Location (SOL) form. (b) Repealed by Acts 2005, 79th Leg., Ch. (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. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . (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. (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued; (2) all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization; (3) the dates on which the applicant became the owner and operator of the business; and. Current as of April 14, 2021 | Updated by FindLaw Staff. (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. (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. 338, Sec. 1201.455. September 1, 2017. Section 1201.003 of the Texas Occupations Code September 1, 2009. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year. If you cannot find the home, you can look through the archived records for any ownership information before March 1982. Acts 2017, 85th Leg., R.S., Ch. 1201.401. The person's provisional status remains in effect until a sufficient number of installations completed by the person have been inspected by the department and found not to have any identified material violations of the department's rules. Acts 2007, 80th Leg., R.S., Ch. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . Section 5401 et seq.) Bloody 'crime scene' may be a civil matter: Pepper Pike Police Blotter (c) The department shall issue a new statement of ownership to a survivor if: (1) an agreement providing for a right of survivorship is signed by two or more eligible persons, as determined under Section 1201.213; and. If for any reason the seller or transferor does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement. 77 (H.B. (b) Not later than the 60th day after the date of the retail sale, the retailer shall provide to the department the completed application for the issuance of a statement of ownership. (a) With respect to the storage of manufactured homes for hire, a licensed retailer is: (1) a "warehouse" as defined by Section 7.102, Business & Commerce Code; and. June 18, 2003. (c) A licensed retailer acting as a warehouse and warehouseman satisfies all storage, bonding, insurance, public sale, and security requirements if the storage of a manufactured home occurs on the retailer's lot and the home is secured in the same manner the retailer secures a manufactured home held on the lot as inventory. 2019), Sec. January 1, 2008. Sec. in Communications and English from Niagara University. An offense under this section is a Class B misdemeanor. 1201.113. A civil action filed under this subsection shall be filed in district court in Travis County. INSPECTION OF LICENSEE RECORDS. 1201.161. * Note: These forms are available as Add-Ons to your existing TMHA Membership. Sec. (2) submit to a credit underwriter or lending institution information known to be false or misleading. 338, Sec. (a) Notwithstanding any other statute or rule or ordinance, a licensed retailer or licensed installer is not required to obtain a permit, certificate, or license or pay a fee to transport manufactured housing to the place of installation except as required by the Texas Department of Motor Vehicles under Subchapter E, Chapter 623, Transportation Code. Sec. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. The period needed to complete an examination under this subsection may not be used to satisfy the minimum education requirements under Subsection (a), (a-2), (a-3), or (a-4). 1, eff. 15(2), eff. Sec. Acts 2017, 85th Leg., R.S., Ch. (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. 2019), Sec. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. 338, Sec. 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. Texas Department Of Manufactured Housing Statement Of Ownership (3) may establish cooperative inspection training programs. 2, eff. (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. 28, 51, eff. 863 (H.B. 408 (H.B. September 1, 2009. How do I get a replacement title for a mobile home in Texas? (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. January 1, 2008. September 1, 2017. January 1, 2008. Sec. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . Site Search: Manufactured Housing Report Options. Austin Texas Statement of Ownership and Location Save your time looking for the right sample and utilize the US Legal online library. (B) the addition of an appliance that requires plug-in to an electrical receptacle and that was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which the appliance is connected. (f) Retention of real property appraisal and title work expenses authorized by Subsection (e) is not allowed if the consumer exercises the right of rescission in accordance with 12 C.F.R. 57, eff. 1421, Sec. 2, eff. Next . (c) Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency. Questions or comments, please call 1-800-500-7074. Manufactured Housing Information | Denton County, TX Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. June 18, 2005. The department shall send the order to the consumer and the manufacturer, retailer, or installer, as applicable, by certified mail, return receipt requested. 408 (H.B. 2238), Sec. 54, eff. (a) Notwithstanding Section 1201.151 or 1201.1521, a retailer may collect from a consumer in advance or deduct from the consumer's deposit or down payment any expenses incurred by the retailer if, after receiving a conditional notification of approval from a lender chosen by the consumer, the consumer: (1) contracts with the retailer to arrange for services that are performed by an appraiser of real property or a title company in connection with real property that will be included in the purchase or exchange or is intended to be pledged by the consumer as collateral for the consumer's purchase or exchange of a manufactured home; (2) is provided notice of laws relating to rescission and real property appraisal and title work expenses before signing the contract for real property appraisal and title work services; and. 1460), Sec. Amended by Acts 2003, 78th Leg., ch. INSPECTION SEARCH WARRANTS. 8, 51, eff. Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. BOX 12489 Austin, Texas 78711-2489 (a) Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership. 2238), Sec. January 1, 2008. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. Added by Acts 2001, 77th Leg., ch. (d) If the manufactured home remains on the real property for at least 45 days after the date the notice is postmarked: (1) all liens on the home are extinguished; and. (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. (d-1) When applying for a statement of ownership under this section, the real property owner shall include with the application an affidavit stating that: (1) the person owns the real property where the manufactured home is located; and. 1460), Sec. 1079 (H.B. (c) Before making a final determination, the department shall allow a license holder 10 days to comment on this preliminary determination. (a) The board shall adopt standards and requirements for: (1) the installation and construction of manufactured housing that are reasonably necessary to protect the health, safety, and welfare of the occupants and the public; and. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. (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. Added by Acts 2013, 83rd Leg., R.S., Ch. 55, eff. 2019), Sec. buying gold from saudi arabia - changing-stories.org Acts 2017, 85th Leg., R.S., Ch. Acts 2011, 82nd Leg., 1st C.S., Ch. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. Sec. 10, eff. 3361), Sec. (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. September 1, 2017. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. 1, eff. Fax: 517-241-0130. 1201.356. 1201.101. (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. 1421, Sec. September 1, 2017. (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. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. (c) On receipt of a notice of intent to declare a manufactured home abandoned, the record owner of the home, a lienholder, a tax assessor-collector for a taxing unit that imposes ad valorem taxes on the real property on which the home is located, or an intervening owner of a lien or equitable interest may enter the real property on which the home is located to remove the home. 1284 (H.B. 408 (H.B. 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 . 31, eff. (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. Amended by Acts 2003, 78th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. 1201.1511. Added by Acts 2003, 78th Leg., ch. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205; and (B) other information required by this chapter. Jan. 1, 2004. 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. 27, eff. 1284 (H.B. Acts 2009, 81st Leg., R.S., Ch. 408 (H.B. 50, eff. If you have any questions that we could assist with, please contact our office at 512-943-1601 or by email at bwilliams@wilco.org. 1201.251. (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. TMHA | Community Forms 1460), Sec. PROHIBITED PURCHASE. 408 (H.B. Fort Worth, TX 76196. 3.10, eff. Acts 2007, 80th Leg., R.S., Ch. Texas Manufactured Housing Association, Inc., to Nancy Fuller . subchapter a: codes, standards, terms, fees and administration: subchapter b: . Acts 2007, 80th Leg., R.S., Ch. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. 1201.058. . INSTRUCTION FEE. September 1, 2017. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. 338, Sec. (h) A licensee may not participate in the sale, exchange, or installation for use as a dwelling of a manufactured home that is salvage and that has not been repaired in accordance with this chapter and the department's rules. June 18, 2005. 10, eff. June 1, 2003. 37, eff. Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. However, if you do buy a mobile home without a title, the seller will need to complete the Application for SOL form and pay the $55 issuance fee after the sale within 60 days. 1201.352. If the consumer refuses to comply with the department's new order, the manufacturer, retailer, or installer, as applicable: (1) is discharged from the obligations imposed by the relevant department orders; (2) has no liability to the consumer with regard to that warranty; and. September 1, 2017. (a) A retailer or manufacturer may not transfer ownership of a HUD-code manufactured home or otherwise sell, assign, or convey a HUD-code manufactured home to a consumer unless the retailer or manufacturer delivers to the consumer a formaldehyde health notice, subject to the director's rules concerning the notice. 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. IAdminfootr01a_01_04 = new Image(123, 28);IAdminfootr01a_01_04.src = '/images/om_nav.gif'; 1276, Sec. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. 1460), Sec. Our office does not update manufactured home titles. June 18, 2003. If the department determines that a complaint is covered by the installation warranty, the director shall issue the order to the installer for the corrective action. June 18, 2005. CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR LICENSE. 1460), Sec. 2019), Sec. September 1, 2017. 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. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. 2, eff. (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. C. OMMUNITY . INSPECTIONS NOT LIMITED; CORRECTIONS. (f) The fee described by Subsection (c) must accompany notice to the department of the exact location of the mobile or HUD-code manufactured home. The instruction under this subsection is in addition to the instruction required under Subsection (a). 16, eff. // The java used for navigation in the Public OM page (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. September 1, 2013. 1460), Sec. 1201.511. 1201.220. 1460), Sec. 17, eff. Acts 2017, 85th Leg., R.S., Ch. This form is available by subscription . 7, eff. 8(1), eff. Texas Department Of Manufactured Housing Statement Of Ownership . 71, eff. June 18, 2005. 85(2), eff. 811 (H.B. Sec. 14A.254(b), eff. This includes an age limit on those who use playgrounds in Kansas, a prohibition on masked groups in New York (until the COVID-19 pandemic changed life as we know it) and a ban on using ferrets as hunting animals in West Virginia. June 18, 2005. Sort By. Married couple will be the only owners and agree that the . DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING. (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. (b) In addition to the fees imposed under Subsections (a)(2), (3), and (4), a manufacturer or a person making an alteration, as appropriate, shall be charged for the actual cost of travel of a department representative to and from: (1) the manufacturing facility, for an inspection described by Subsection (a)(2); or. Added by Acts 2001, 77th Leg., ch. 2019), Sec. 52, eff. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. 1510), Sec. (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 1284 (H.B. 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. 77 (H.B. The definitions of "mobile home," "HUD-code manufactured home," and "manufactured housing" provided by Section 1201.003 are binding as a matter of law on each person and agency in this state, including a home-rule municipality or other political subdivision. (b) The notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract. (C) without paying the amount of the penalty or posting the supersedeas bond, pursue judicial review. June 18, 2003. (b) If the department needs additional information for the renewal application or verification of continuing insurance or bond coverage, the license holder must provide the requested information or verification not later than the 20th day after the date of receipt of notice from the department. Acts 2005, 79th Leg., Ch. Acts 2013, 83rd Leg., R.S., Ch. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. home. The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code. Fill Out The Application For Statement Of Ownership - Texas Online And Print It Out For Free. Control #: TX-C104 Instant Download Buy now. (a) If a retailer purchases a new manufactured home from an unlicensed manufacturer in violation of Section 1201.505, a consumer's contract with the retailer for the purchase or exchange of the home is voidable until the second anniversary of the date of purchase or exchange of the home. 1460), Sec. (4) "Identification number" means the number permanently attached to or imprinted on a manufactured home or section of the home as prescribed by department rule. 408 (H.B. (d) A person may not sell, convey, or otherwise transfer to a consumer in this state a manufactured home that is salvaged. You can use a generic bill of sale form or create it by hand. Added by Acts 2001, 77th Leg., ch. (e) A real property election for a manufactured home is not considered to be perfected until a copy of the statement of ownership has been filed and the department and the chief appraiser of the applicable appraisal district have been notified of the filing as provided by Subsection (d). //-->, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. The rules must protect a lienholder recorded with the department. of Housing and Community Affairs to verify an applicant's ownership of a manufactured Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. 1201.407. 1284 (H.B. (4) "Attached" in reference to a manufactured home means that the home has been: (A) installed in compliance with the rules of the department; and. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. (2) investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination. 88(R) HB 3136 - Introduced version - Bill Text - capitol.texas.gov CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. Sec. 2438), Sec. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. Sec. In the event that you sell or transfer ownership of a home, the SOL must be . September 1, 2017. 338, Sec. The director shall prepare information for notifying consumers of their rights to recover under the manufactured homeowner consumer claims program, shall post the information on the department's website, and shall make printed copies available on request. Acts 2017, 85th Leg., R.S., Ch. 5, eff. Mobile Homes - Michigan Sec. 15(2), eff. (B) other information required by this chapter. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. 2, eff. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. Acts 2007, 80th Leg., R.S., Ch.
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