(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. The the lease on our 2016 Honda CR-V comes up this . (a) A manufacturer's certificate must show: (1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and. Sec. Tarrant County Tax Office. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. (b) At the first retail sale of a manufactured home, a manufacturer's certificate automatically converts to a document that does not evidence any ownership interest in the manufactured home described in the document. 863 (H.B. Sept. 1, 2003. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. (a) Except as authorized under Section 1201.252, manufactured housing that is installed must be installed in compliance with the standards and rules adopted and orders issued by the department. 12, eff. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. An owner may elect to treat a manufactured home as real property only if the home is attached to: (2) land leased to the owner of the . Sec. June 18, 2003. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. Acts 2009, 81st Leg., R.S., Ch. 14A.256(a), eff. 73(a)(3), eff. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. 9, eff. Sec. January 1, 2008. If the person does not request a hearing before the 31st day after the date the person receives notice of the imposition of the administrative penalty, the penalty becomes final. 1510), Sec. (b) The deposit may be retained only if: (1) the consumer specially orders from the manufacturer a manufactured home that is not in the retailer's inventory; (2) the home conforms to the specifications of the special order and any representations made to the consumer; (3) the consumer fails or refuses to accept delivery and installation of the home by the retailer; and. (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. document.returnValue = false; 1276, Sec. (9) "Control" means, with respect to another person, the possession of the power, directly or indirectly, to vote an interest of 25 percent or more. The application fee is currently $55, which should be submitted directly to the TDCHA. function dm(msgStr) { 2019), Sec. September 1, 2017. 1201.1505. (b) Property used for the business that is not contiguous to, or located within 300 feet of, a bonded location requires a separate bond. 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). 2019), Sec. Sec. SANCTIONS AND PENALTIES. Detroit-based DTE Energy reported more than 130,000 customers lost power Friday evening. 863 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 2019), Sec. document.returnValue = true; (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. (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. Acts 2009, 81st Leg., R.S., Ch. September 1, 2011. 408 (H.B. (2) "Affiliate" means a person who is under common control. Please visit. (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. Sec. 2019), Sec. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. September 1, 2013. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. (c) Before closing on the acquisition of a new or used manufactured home for use as a permanent dwelling in this state, a consumer seeking to acquire the home must provide to the retailer, broker, or salesperson selling or exchanging the home satisfactory evidence that the home will not be located, in a manner that violates local, state, or federal law, on a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency. 408 (H.B. 2019), Sec. EXCEPTIONS TO LICENSE REQUIREMENT. 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. As otherwise indicated below. 77 (H.B. 2438), Sec. (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. Acts 2005, 79th Leg., Ch. 408 (H.B. Amended by Acts 2003, 78th Leg., ch. 1201.164. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. 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. 408 (H.B. Sec. Category: Texas Real Estate - Manufactured Homes. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by law. 22, eff. Added by Acts 2001, 77th Leg., ch. 50, eff. 68, eff. ); and. 2019), Sec. If the seller files the SOL form after 60 days, they can face a fee of up to $100. (b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties. 14, eff. 338, Sec. (C) the use of the property is changed as described by Section 1201.216. Acts 2013, 83rd Leg., R.S., Ch. 408 (H.B. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. and. (2) submit to a credit underwriter or lending institution information known to be false or misleading. 863 (H.B. (11) failed to pay the required fee to obtain or renew a license. Q. 338, Sec. Added by Acts 2003, 78th Leg., ch. January 1, 2008. (6) a fee for the issuance of a seal for a used mobile or HUD-code manufactured home. (a) If the ownership of a manufactured home in this state is transferred by inheritance, devise, or bequest, by bankruptcy, receivership, judicial sale, or other involuntary divestiture of ownership, or by any other operation of law, the department shall issue a new statement of ownership after receiving a copy of: (1) the order or bill of sale from an officer making a judicial sale; (2) the order appointing a temporary administrator; (4) the letters testamentary or the letters of administration; or. The Texas SOL application will help transfer the home from the current seller to the new buyer. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1135 (H.B. Acts 2007, 80th Leg., R.S., Ch. June 18, 2003. 2019), Sec. 11, eff. A hearing under this chapter shall be held in Travis County unless all parties agree to another location. 2019), Sec. SECURITY: CANCELLATION OR OTHER IMPAIRMENT. (b) In enforcing this chapter, the director may authorize a state inspector to travel inside or outside of the state to inspect a licensee. (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). September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. Sec. Added by Acts 2017, 85th Leg., R.S., Ch. How to Transfer Ownership of a Mobile Home in Texas SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY. (d) While an investigation is pending, information obtained by the department in connection with that investigation is confidential unless disclosure of the information is specifically permitted or required by other law. 2, eff. January 1, 2008. 1460), Sec. (d) A retailer's or manufacturer's compliance, from September 1, 1981, to September 1, 1985, with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: (e) A retailer's or manufacturer's knowing and wilful failure to comply with the regulations and rules described by Subsection (c) is conclusive proof that: (1) the retailer or manufacturer breached the duty to notify the consumer about formaldehyde; and. Sec. (d)In this section, manufactured home has the meaning assigned by Section 1201.003, Occupations Code. 2019), Sec. Acts 2013, 83rd Leg., R.S., Ch. TRANSPORTATION OF MANUFACTURED HOUSING. (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. September 1, 2017. Added by Acts 2003, 78th Leg., ch. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. September 1, 2017. 2438), Sec. 2, eff. 863 (H.B. 1460), Sec. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. September 1, 2017. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. September 1, 2017. 54, eff. 4, eff. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 1421, Sec. Sec. 1284 (H.B. (3) may establish cooperative inspection training programs. (c) A rule takes effect on the 30th day after the date of publication of notice that the rule has been adopted, except that a rule relating to installation standards may not take effect earlier than the 60th day after the date of publication of notice unless the board has determined that an earlier effective date is required to meet an emergency and the standard was adopted under the emergency rulemaking provisions of Chapter 2001, Government Code. 811 (H.B. 77 (H.B. 338, Sec. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. 13. 408 (H.B. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. (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. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. 408 (H.B. (a) The board shall adopt rules and forms relating to: (3) the application for a statement of ownership; and.
