1201.603. 408 (H.B. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. January 1, 2008. 1201.202. 408 (H.B. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). 4 (S.B. September 1, 2017. If you lease a car, don't think you can get out of payments just because you're dead. 14, eff. 85(1), eff. PROHIBITED RETENTION OF DEPOSIT. June 1, 2003. A waiver by a consumer of this chapter is contrary to public policy and void. Added by Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 1510), Sec. September 1, 2013. January 1, 2008. 863 (H.B. (4) all exterior doors and windows are in place and operate properly. 3613), Sec. 2019), Sec. 3.15, eff. Sec. 1460), Sec. 863 (H.B. 1201.005. Enter the number of acres used for residential purposes. (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). (b) On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453. 2438), Sec. If one has a manufactured home that lacks a title, a plate with the serial or . (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. January 1, 2008. 1, eff. 408 (H.B. Retail Manufactured Housing Inventory Tax Statement Form 50-268 CONFIDENTIAL. September 1, 2009. (4) the issuance of an initial or revised statement of ownership. (b) A federally insured financial institution or lender approved or authorized by the United States Department of Housing and Urban Development as a mortgagee with direct endorsement underwriting authority that fully complies with federal Truth in Lending disclosures concerning the terms of a manufactured housing transaction is exempt from the disclosure provisions of this section. VENUE FOR HEARING. September 1, 2017. (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. Acts 2007, 80th Leg., R.S., Ch. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. Acts 2007, 80th Leg., R.S., Ch. The serial number, VIN, seal number, and label number are all included on the SOL. January 1, 2008. (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. 100 E. Weatherford Street. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. January 1, 2008. January 1, 2008. SECURITY: LOCATION. 408 (H.B. Acts 2013, 83rd Leg., R.S., Ch. (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. June 18, 2003. (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. (d) The following are exempt from the application of this section: (1) a manufactured home that on August 31, 2003, was inhabited and located on 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, if the home will remain on or be relocated to real property zoned as described by this subsection; and. 46 (H.B. CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. January 1, 2008. (b) Completion of an approved continuing education program described by Subsection (a) is a prerequisite to renewal of a license. September 1, 2017. (a) The manufacturer's and retailer's warranties do not apply to any defect or damage caused by moving a new HUD-code manufactured home from the initial installation site. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 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. 4, eff. A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151. A person is not legally allowed to buy, transfer, or sell a mobile home without a certificate of title or Statement of Ownership or Location (SOL). 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. 408 (H.B. January 1, 2008. (2) each lienholder gives written consent, to be placed on file with the department. June 18, 2005. A consumer may satisfy the evidentiary requirement of this subsection by providing the retailer, broker, or salesperson, as applicable, with a copy of any required permit to install a septic tank on the homesite. INSPECTION, REVIEW, AND RELATED FEES. 338, Sec. document.returnValue = false; Manufactured Housing has moved! Sec. Added by Acts 2001, 77th Leg., ch. 11, eff. 1276, Sec. Questions or comments, please call 1-800-500-7074. 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. 1201.153. June 18, 2003. 1460), Sec. 77, Sec. 3361), Sec. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . Acts 2017, 85th Leg., R.S., Ch. 43, eff. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. Sec. September 1, 2017. September 1, 2017. The Texas Department of Housing and Community Affairs' (Department's) Manufactured Housing Division (Division) effectively processes and issues Statements of Ownership and Location (SOLs) in accordance with State rules and division policies, and tracks corrections to the SOLs for use in identifying . September 1, 2013. September 1, 2009. ), the board shall establish fees as follows: (1) if the department acts as a design approval primary inspection agency, a schedule of fees for the review of HUD-code manufactured home blueprints and supporting information, to be paid by the manufacturer seeking approval of the blueprints and supporting information; (2) except as provided by Subsection (e), a fee for the inspection of each HUD-code manufactured home manufactured or assembled in this state, to be paid by the manufacturer of the home; (3) a fee for the inspection of an alteration made to the structure or plumbing, heating, or electrical system of a HUD-code manufactured home, to be charged on an hourly basis and to be paid by the person making the alteration; (4) a fee for the inspection of the rebuilding of a salvaged manufactured home, to be paid by the retailer; (5) a fee for the inspection of a used manufactured home to determine whether the home is habitable for the issuance of a new statement of ownership; and. This form shows taxes are paid and current. 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. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government . 14A.251(a), eff. (13) "Installation" means the temporary or permanent construction of the foundation system and the placement of a manufactured home or manufactured home component on the foundation. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. 2438), Sec. The installation of a new manufactured home must meet, in addition to applicable state standards, the manufacturer's specifications required to validate the manufacturer's warranty. 1460), Sec. 1, eff. Sec. 2438), Sec. 863 (H.B. (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. The home will need to pass an inspection conducted by a certified inspector, and the report will most likely be finished within 48 hours. (A) a security interest created by a lease, conditional sales contract, deed of trust, chattel mortgage, trust receipt, reservation of title, or other security agreement if an interest other than an absolute title is sought to be held or given in a manufactured home; or. Tax liens shall be filed by the tax collector for any taxing unit having the power to tax the manufactured home. Sec. 2438), Sec. 1460), Sec. If there is an existing lien on the new manufactured home perfected with the department, the owner of the lien is entitled to recover the value of the lien from the retailer. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. The director may issue an order to revoke, suspend, or deny a new or renewal license. 1201.459. January 1, 2008. 6, eff. 1201.054. Acts 2011, 82nd Leg., 1st C.S., Ch. Box 4663Houston, Texas 77210 Email: manufacturedhome@tax.hctx.net, 1001 PrestonHouston, Texas 77002 Phone: 713-274-8000 Fax: (713) 368-2219. 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 . 1460), Sec. September 1, 2009. Sec. 1460), Sec. June 18, 2003. 408 (H.B. (d) Not later than the 30th day after the installation of a new HUD-code manufactured home, the retailer shall deliver to the consumer a copy of the warranty given by the licensed installer. Section 5301 et seq.) 2019), Sec. 1284 (H.B. If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final. (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. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. Acts 2013, 83rd Leg., R.S., Ch. PROBATION. 2238), Sec. Copyright 2023, Thomson Reuters. Application for Statement of Ownership. Added by Acts 2001, 77th Leg., ch. 1284 (H.B. Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. Any. 2438), Sec. The department shall disclose on its website the date of each lien filing. 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). 37, eff. 1276, Sec. (5) if administration of an estate is not necessary, an affidavit by all of the heirs at law showing: (A) that administration is not necessary; and. If a homeowner finds an error on a Statement of Ownership, they can inform the agency by: To make the necessary corrections, owners must provide the identification numbers of the manufactured home, such as a HUD Label, a Texas seal and/or serial number, and information about the corrections required. January 1, 2008. (a) A holder of a lien recorded on the statement of ownership of a manufactured home that has not been converted to real property who sells or exchanges a repossessed manufactured home covered by that statement of ownership is not required to comply with this chapter if the sale or exchange is: (1) to or through a licensed retailer; or. Acts 2017, 85th Leg., R.S., Ch. You can do this by either searching the Manufactured Home Ownership Records database online or calling the Texas Department of Housing and Community Affairs directly. (c) A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer. 863 (H.B. 62, eff. 338, Sec. 68, eff. (2) money stated to be a down payment in an executed retail sales contract. (8) "Consumer" means a person, other than a person licensed under this chapter, who seeks to acquire or acquires by purchase or exchange a manufactured home. September 1, 2017. Departments inside JCPenney stores include Mens, Womens, Boys, Girls, Baby, Bedding, Home, Fine Jewelry, Shoes, Lingerie, The Salon by InStyle, JCPenney Beauty, as well as leased departments such as Seattle's Best . Finally, the homeowner must submit the Application for Statement of Ownership with all supporting documentation and fees. 1079 (H.B. DOWN PAYMENT. 8(1), eff. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. 2, eff. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. (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. 3.13, eff. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. Acts 2007, 80th Leg., R.S., Ch. (b) To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet the Wind Zone II standards adopted by the United States Department of Housing and Urban Development. 1510), Sec. When applying for a Statement of Ownership, buyers must determine what supporting documents they may need: 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. Sec. 1201.305. June 18, 2005. June 18, 2003. Contact Mobile Homes. (a) Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to a consumer who sustains actual damages resulting from an unsatisfied claim against a licensed manufacturer, retailer, broker, or installer if the unsatisfied claim results from a violation of: (b) For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405. 1016, Sec. 408 (H.B. and. 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).