Sec. An owner may elect to treat a manufactured home as real property only if the home is attached to: (1) real property that is owned by the owner of the home; or. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. (B) the name in which the statement of ownership should be issued. LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING. January 1, 2008. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. September 1, 2017. The instruction under this subsection is in addition to the instruction required under Subsection (a). January 1, 2008. (a) The board shall establish reasonable fees for all matters under this chapter providing for fees. 3, eff. Sec. 77 (H.B. Sec. 1201.351. Acts 2005, 79th Leg., Ch. Acts 2017, 85th Leg., R.S., Ch. 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). Amended by Acts 2003, 78th Leg., ch. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. 85(8), eff. Section 3282.8(g). 55, eff. In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the required waiting periods or the right of rescission. 3361), Sec. (a) The retailer of a new HUD-code manufactured home shall warrant to the consumer in writing that: (1) installation of the home at the initial homesite was or will be, as applicable, completed in accordance with all department standards, rules, orders, and requirements; and. 35, eff. Acts 2007, 80th Leg., R.S., Ch. 67, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 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. Jan. 1, 2004. If, before the 31st day after the date a person receives notice of the imposition of an administrative penalty, the person requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. (B) the most economical and efficient means to address those problems and serve the public interest. (D) perfected and enforceable tax liens not extinguished and canceled in accordance with Section 32.015, Tax Code. June 18, 2003. // (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. Sec. 863 (H.B. (11) "Director" means the executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs. (d) Unless the information provided for in Subsection (c) is provided electronically, the department shall pay the reasonable cost of providing the list and information under Subsection (c). June 1, 2003. A manufacturer may not construct a HUD-code manufactured home in this state for sale or resale unless the manufacturer: (1) supplies the department with proof of acceptance by a design approval primary inspection agency authorized by the United States Department of Housing and Urban Development; (3) has the home inspected by an in-plant inspection agency authorized by the United States Department of Housing and Urban Development. September 1, 2013. 28, 51, eff. 2019), Sec. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 2438), Sec. Click here to access an Open Records Request form. This chapter may be cited as the Texas Manufactured Housing Standards Act. Acts 2017, 85th Leg., R.S., Ch. (A) is engaged in the business of buying for resale, selling, or exchanging manufactured homes or offering manufactured homes for sale or exchange to consumers, including a person who maintains a location for the display of manufactured homes; and. COMPLIANCE NOT REQUIRED FOR SALE FOR COLLECTION OF DELINQUENT TAXES. (c) Subject to rules adopted by the board, a consumer may waive a right of rescission in the event of a bona fide emergency. PROGRAM MONITORING. Acts 2013, 83rd Leg., R.S., Ch. 15, eff. (a) The department shall administer the manufactured homeowner consumer claims program to provide a remedy for damages resulting from prohibited conduct by a person licensed under this chapter. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. The TDHCA will review the initial Statement of Ownership application. June 18, 2005. 1, eff. Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. September 1, 2017. APPLICATION OF WARRANTIES IF HUD-CODE MANUFACTURED HOME MOVED. Added by Acts 2001, 77th Leg., ch. Added by Acts 2001, 77th Leg., ch. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. 1201.158. September 1, 2017. (c) Not later than the 30th day after the date on which the decision is final, the person charged shall: (2) if the person files a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both the fact of the violation and the amount of the penalty: (A) forward the amount assessed to the department for deposit in an escrow account; (B) in lieu of payment into escrow, post with the department a supersedeas bond for the amount of the penalty, in a form approved by the director and effective until judicial review of the decision is final; or. 3.11, eff. September 1, 2017. 22, eff. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions. SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY. (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. June 18, 2003. 1201.103. (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. June 1, 2003. 1201.454. 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. Sec. (2) each lienholder gives written consent, to be placed on file with the department. 863 (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. Any certified copies of a Statement of Ownership are free upon request. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. PROHIBITED PURCHASE. A Statement of Ownership must replace any certificate of title. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. 28, eff. 1284 (H.B. 47, eff. January 1, 2008. 3, eff. Acts 2013, 83rd Leg., R.S., Ch. January 1, 2008. 26, eff. 1, eff. Added by Acts 2001, 77th Leg., ch. The amended report and order supersede the initial report and order. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. January 1, 2008. These forms are copywrited. Associate Last Name. ); (C) the rules adopted by the director; and. ); and. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . 1284 (H.B. September 1, 2017. Acts 2009, 81st Leg., R.S., Ch. Sec. Acts 2009, 81st Leg., R.S., Ch. Sec. 499), Sec. PROHIBITED ALTERATION. Sec. 1460), Sec. INSPECTIONS NOT LIMITED; CORRECTIONS. Homestead Exemption for Manufactured Home on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute. September 1, 2017. January 1, 2008. 45, eff. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. Sec. In addition to any other remedy provided by law, the director may institute in district court a suit for injunctive relief and for the collection of the administrative penalty. 2019), Sec. Such rules shall, to the extent practical, be modeled on the federal rules for the waiver of a right of rescission under 12 C.F.R. (3) "First retail sale" means a consumer's initial acquisition of a new manufactured home from a retailer by purchase or exchange. (g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; (B) includes the plumbing, heating, air conditioning, and electrical systems of the home; and. (2) the date the act or omission is discovered or should reasonably have been discovered. 1201.161. The mobile home's lien information changes. 2438), Sec. (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes. 1276, Sec. (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. ADMINISTRATIVE PENALTY. PRACTICES AND PROFESSIONS RELATED TO REAL PROPERTY AND HOUSING, SUBTITLE C. REGULATION OF CERTAIN TYPES OF HOUSING AND BUILDINGS. Bush State Office Building. It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. June 1, 2003. 8, 51, eff. 2, eff. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. 66, eff. 2019), Sec. 863 (H.B. September 1, 2017. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. (a) The director shall adopt rules, issue orders, and otherwise act as necessary to ensure compliance with the purposes of this chapter to implement and provide for uniform enforcement of this chapter and the standards code. 1460), Sec. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 2019), Sec. MM/DD/YYYY. 1460), Sec. 1201.201. . September 1, 2013. September 1, 2013. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. 1460), Sec. 3361), Sec. EXCEPTIONS TO SECURITY AND INSTRUCTION REQUIREMENTS. 2, eff. //-->, TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS. 338, Sec. 4, eff. 1284 (H.B. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. Acts 2007, 80th Leg., R.S., Ch. 1284 (H.B. 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. January 1, 2008. September 1, 2011. (a) If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to: (1) the seller and purchaser or transferor and transferee, as applicable; and. Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. (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. Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a "Statement of Ownership.". 338, Sec. Acts 2007, 80th Leg., R.S., Ch. 62, eff. Sec. 2019), Sec. PROHIBITED CONSTRUCTION BY MANUFACTURER. Acts 2007, 80th Leg., R.S., Ch. 1201.055. (3) $4,000 for each subsequent violation. 2, eff. (2) a "warehouseman" under Chapter 24, Property Code. (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. Sec. 408 (H.B. 1201.453. Acts 2013, 83rd Leg., R.S., Ch. 863, Sec. September 1, 2017. 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. Unauthorized use is prohibited, and usage may be subject to security testing and monitoring. Sept. 1, 2003. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. (f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 30, eff. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. Finally, the homeowner must submit the Application for Statement of Ownership with all supporting documentation and fees. 1345 (S.B. (a) This chapter applies to a certificate of title to a manufactured home issued before March 1, 1982, under Chapter 501, Transportation Code. 1201.456. Added by Acts 2001, 77th Leg., ch. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). Sec. 43, eff. September 1, 2017. 1201.253. The bond or other security is payable to the manufactured homeowner consumer claims program. (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. Application for Statement of Ownership. 1284 (H.B. 1201.054. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and. June 18, 2003. (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. 85(4), eff. 408 (H.B. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. (2) the date the director determines that a claim does not exist against the security. 1079 (H.B. Section 5401 et seq. By Email: mhtaxes . (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. 1, eff. (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. 1510), Sec. (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. A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. (b) The department is not liable to the consumer if the manufactured homeowner consumer claims program does not have the money necessary to pay the actual damages determined to be payable. Sec. 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). Sec. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (b) Before declaring a manufactured home abandoned, the owner of real property on which the home is located must send a notice of intent to declare the home abandoned to the record owner of the home, all lienholders at the addresses listed on the home's statement of ownership on file with the department, the tax collector for each taxing unit that imposes ad valorem taxes on the real property where the home is located, and any intervening owners of liens or equitable interests. 1201.209. DISAGREEMENT OF PARTIES; INFORMAL DISPUTE RESOLUTION PROCESS. 46 (H.B. (2) be of the type, size, and format required by the director. BOX 12489 Austin Texas 78711-2489 800 500-7074 512 475-2200 FAX 512 475-1109 Clear all form fields Internet Address www. Step 3: Check exemptions that apply to you. Active Inactive All. 863 (H.B. 1284 (H.B. 34, eff. 7, eff. // function that displays status bar message 863 (H.B. (2) adopt rules intended to maintain the historical passage rate for the examination. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings. You must apply for a revised Statement of Ownership any time there is a change in the owners name(s), the physical location of the home, any lien information, the elected treatment of the home as either real or personal property, or residential or non-residential use. (b) A person is not required to be a broker licensed under this chapter but may be required to be a real estate broker or salesperson licensed under Chapter 1101 if: (1) the manufactured home is attached; and. (2) submit to a credit underwriter or lending institution information known to be false or misleading. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. Added by Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. INSPECTION SEARCH WARRANTS. 2438), Sec. 6, eff. (a) If the manufacturer, retailer, or installer does not provide the consumer with proper warranty service, the consumer may, at any time, request the department to perform a consumer complaint home inspection. 1201.153. 1276, Sec. September 1, 2013. document.returnValue = false; VENUE FOR HEARING. (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects. Added by Acts 2003, 78th Leg., ch. 1460), Sec. 3361), Sec. 5, eff. (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. Amended by Acts 2003, 78th Leg., ch. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. Added by Acts 2001, 77th Leg., ch. A mobile home is not a HUD-code manufactured home and a HUD-code manufactured home is not a mobile home for any purpose under state law. If you cannot find the home, you can look through the archived records for any ownership information before March 1982. When buying a used mobile home, there are several aspects you should look into to ensure that its worth the investment. Added by Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 1421, Sec. Sec. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. (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.