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June 1, 2003. (a) The payment of actual damages is limited to the lesser of: (1) the amount of actual, reasonable costs, not including attorney's fees, that the consumer has incurred or will incur to resolve the act or omission found to be a violation under Section 1201.404; or. } (a) A person or a director, officer, or agent of a corporation commits an offense if the person, director, officer, or agent knowingly and wilfully violates this chapter or a rule adopted or order issued by the department in a manner that threatens consumer health or safety. Acts 2007, 80th Leg., R.S., Ch. 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. Sec. Our new location is: George H.W. 30, eff. 3.07, eff. (e) If the governor by executive order or proclamation declares a state of disaster under Chapter 418, Government Code, the director, in accordance with rules adopted by the board, may waive the imposition of any fee under this chapter in the affected area. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. When a manufactured home changed hands, the new owner had to apply to the Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs for the title transfer, and the agency would issue a new title. (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. 2438), Sec. The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality. 338, Sec. Amended by Acts 2003, 78th Leg., ch. Sec. Sec. January 1, 2008. If the person giving such notice knows that a person to whom the notice is being given no longer resides and is no longer receiving mail at a known address, a reasonable effort shall be made to locate the person and give the person notice at an address where the person is receiving mail. Acts 2007, 80th Leg., R.S., Ch. PROHIBITED REAL ESTATE TRANSACTION. 2, eff. If you own a manufactured home and rent a space in a mobile home park or from another landowner, you should be receiving a separate tax bill for your manufactured home. 20, eff. ); (4) a rule or regulation of the United States Department of Housing and Urban Development; or. 1460), Sec. (12) any other information the board requires. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. (d) If a retailer or broker offers for sale or participates in any way in the sale of a manufactured home at a location other than an undivided parcel of real property where more than one manufactured home is located and offered for sale or exchange by a retailer or broker to the public, the retailer or broker must: (1) identify the bond on file with the department in conjunction with that person's license; and. 1460), Sec. Home ownership data was last updated on 03/03/2023. There is no additional fee for the release of . January 1, 2008. January 1, 2008. The department shall cooperate with all local governmental units in this state. (e) The manufacturer, retailer, or installer shall comply with the report and order of the director. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. The Louisiana Manufactured Housing Association (LMHA) is a nonprofit trade association formed in 1966 to preserve and promote the manufacutured and modular housing industry in the State of Louisiana. Sec. June 18, 2003. 1284 (H.B. "; (8) a statement that if two or more eligible persons, as determined by Section 1201.213, file with the application for the issuance of a statement of ownership an agreement signed by all the persons providing that the home is to be held jointly with a right of survivorship, the director shall issue the statement of ownership in all the names; (10) a statement of whether the owner has elected to treat the home as real property; (11) statements of whether the home is a salvaged manufactured home and whether the home is reserved for business use only or for another nonresidential use; and. Sec. September 1, 2017. September 1, 2017. 17, 18, eff. September 1, 2009. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. (2) the construction of HUD-code manufactured homes in compliance with the federal standards and requirements established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. 1460), Sec. 2019), Sec. 3361), Sec. 1460), Sec. The hearing shall be governed by Chapter 2001, Government Code. 1460), Sec. If required by law or otherwise necessary, the director may obtain an inspection search warrant. September 1, 2011. (f-1) A retailer may not be licensed to operate more than one location under a single license. 338, Sec. INSPECTION BY LOCAL GOVERNMENTAL UNITS. subchapter a: codes, standards, terms, fees and administration: subchapter b: . This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. D. EPARTMENT OF . 3.11, eff. CRIMINAL PENALTY. Sec. 22, eff. September 1, 2017. 2019), Sec. September 1, 2017. Tax liens shall be filed by the tax collector for any taxing unit having the power to tax the manufactured home. A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. September 1, 2017. H. OUSING AND . if (showMsg) { HEARING ON STANDARD OR REQUIREMENT. 338, Sec. (4) the issuance of an initial or revised statement of ownership. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. ELECTRONIC PUBLIC RECORDS REQUIRED. 1201.509. JUDICIAL REVIEW. (c) The renewal license expires on the second anniversary of the date the license was renewed. contract or agreement; and. Added by Acts 2013, 83rd Leg., R.S., Ch. The director shall set any appealed order for a hearing before the State Office of Administrative Hearings, and the board shall issue a final order after receiving and reviewing the proposal for decision issued pursuant to such hearing. Texas Department of Housing and Community Affairs Retailer's License Number(s) _____ (if not in business Jan. 1 of this year) S. SECTION 4: Inventory Schedule. ); and. Sec. PROPERTY CODE CHAPTER 2. NATURE OF PROPERTY - Texas June 18, 2005. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1201.507. 77 (H.B. Sec. 408 (H.B. Police were called to a home undergoing extensive renovations where the new owner reported building supplies, namely flooring, appeared to be missing around 11 a.m. Feb. 27. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. 863 (H.B. The department shall investigate the allegation, and if the department determines that the allegation is credible, the department shall issue a new order specifying the date and time of the proposed corrective action. 3361), Sec. 17, eff. 43, eff. The amended report and order supersede the initial report and order. Sec. (21) "New manufactured home" means a manufactured home that is not a used manufactured home, regardless of its age. 408 (H.B. Questions or comments, please call 1-800-500-7074. 77 (H.B. (b) A licensee may engage another person who is not licensed under this chapter but possesses another license issued by the State of Texas to provide goods and services subject to that other license. Click here to access an Open Records Request form. 408 (H.B. Any license under this chapter is valid for two years. 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. 17, eff. 61, eff. Sec. Obtain a expertly-drafted, state-specific template within minutes. 863 (H.B. 10, eff. a residence homestead under Section 11.13, the application for exemption required by Section 11.43 must be accompanied by: (1)a copy of the statement of ownership for the manufactured home issued by the manufactured 2019), Sec. 19, eff. 34, eff. (6) the reported date of the installation of the home. 1201.461. (5) the department in the manner provided by Subsection (h). STATE INSPECTORS. 2019), Sec. 4200 Smith School Road. (b) The abatement continues until the earlier of: (1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or. Houston, Texas 77210-2109. (c) The department may carry out "sting" or undercover investigations in accordance with board-adopted rules if the director believes such action to be appropriate in order to detect and address suspected violations of this chapter. 1201.206. (d) A person who holds a real estate broker's or salesperson's license under Chapter 1101 may act as a broker or salesperson under this chapter without holding a license or filing a bond or other security as required by this chapter if negotiations for the sale or exchange of a manufactured home are conducted for a consumer for whom the person is also acting as a real estate broker or salesperson under Chapter 1101 consistent with Section 1201.007. (2) the county in which the violation occurs. Acts 2017, 85th Leg., R.S., Ch. 36, eff. (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. Added by Acts 2005, 79th Leg., Ch. Any administrative proceedings relating to the imposition of an administrative penalty under this subsection shall be a contested case under Chapter 2001, Government Code. 2438), Sec. 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. The department shall mail to the owner or lienholder a copy of the statement of ownership issued under this subsection. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). (2) on the death of one of the persons, the department is provided with a copy of the death certificate of that person. 1201.159. Buyers should first contact a professional, such as Mobile Home HQ, to obtain advice on the right questions you should ask to prevent future problems from occurring. September 1, 2017. Acts 2013, 83rd Leg., R.S., Ch. 1201.609. A bond is not required of the director with respect to injunctive relief granted under this subsection. License data was last updated on 03/03/2023. (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. Amended by Acts 2003, 78th Leg., ch. Sec. (b) For the purposes of Subsection (a)(1), the department may rely on a commitment for title insurance, a title insurance policy, or a lawyer's title opinion to determine that any liens on real property have been released. 863 (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. (b) To adopt a different standard under this section, the local governmental unit must demonstrate that public health and safety require the different standard. Sending a fax to 512-475-1109. This subsection does not apply to the release of a tax lien perfected with the department. 1201.158. Austin Texas Statement of Ownership and Location Save your time looking for the right sample and utilize the US Legal online library. (a) This section applies to a transaction in which a manufactured home is sold as personal property. 1460), Sec. September 1, 2011. Sec. Sec. 2238), Sec. 1201.409. (d) A tax lien on a manufactured home not held in a retailer's inventory is perfected only by filing with the department the notice of the tax lien on a form provided by the department in accordance with the requirements of Chapter 32, Tax Code. (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. September 1, 2011. OCCUPATIONS CODE CHAPTER 1201. MANUFACTURED HOUSING - Texas 338, Sec. (2) the identification number of the home. Mobile Homes - Brazoria County Appraisal District September 1, 2017. 1, eff. The mobile home bill of sale will need to be authorized by both parties, and the SOL transferred over to the buyer. June 18, 2003. The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of that department. 1460), Sec. INSTALLER'S WARRANTY. The SOL application also details all the pertinent information about the mobile home, the seller (s), the buyer (s), and even the closing details will be made public record. 2019), Sec. 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. Retail Manufactured Housing Inventory Tax Statement Form 50-268 CONFIDENTIAL. 338, Sec. (c) The right of rescission described in Subsection (a) shall apply only to the sale transaction between the retailer and the consumer. January 1, 2008. 408 (H.B. 863 (H.B. (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. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. Acts 2011, 82nd Leg., R.S., Ch. 1284 (H.B. 1, eff. 1460), Sec. 38, eff. Online Statement of Ownership Application System 2438), Sec. . September 1, 2017. PROCEDURE FOR LICENSE RENEWAL. The board shall issue an order after receiving a proposal for decision. . 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. The instruction under this subsection is in addition to the instruction required under Subsection (a). Added by Acts 2001, 77th Leg., ch. (2) each lienholder gives written consent, to be placed on file with the department. September 1, 2017. 16, eff. 1201.601. TRANSPORTATION OF MANUFACTURED HOUSING. (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. A family relationship required by this subsection may be a relationship established by adoption. 3361), Sec. SUBCHAPTER J. 863 (H.B. September 1, 2013. 338, Sec. September 1, 2011. June 18, 2005. 14, eff. Ownership and location changes must be recorded with the Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. Once you have completed the form listing the requested information, you may mail it to: 2, eff. September 1, 2017. (b) Notwithstanding the limitations and terms of any warranty, the director may, whenever the department identifies any aspect of an installation that does not conform to applicable requirements, order the licensee who performed the installation to correct it, or, if that licensee is no longer licensed, reassign correction to a licensed installer and reimburse the person from the fund for the costs of correction. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. The United States has had its fair share of strange legislation in its existence thus far. 9, eff. Acts 2017, 85th Leg., R.S., Ch. SUBCHAPTER I. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. 5, eff. Mobile Homes - Michigan (a) A retailer or broker: (1) shall comply with Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. INSPECTIONS NOT LIMITED; CORRECTIONS. 1460), Sec. 1201.102. September 1, 2017. Sec. Consumer Protection and General Information: Tenant Guide to Allocated Water or Wastewater Service, Tenant Guide to Submetered Water or Wastewater Service. January 1, 2008. 58, eff. 15, eff. Acts 2017, 85th Leg., R.S., Ch. Login ID. 14, eff. 1, eff. Bloody 'crime scene' may be a civil matter: Pepper Pike Police Blotter 1201.606. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. 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. June 18, 2003. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. REPORT AND ORDER; AMENDMENT; COMPLIANCE. If the department's rules provide an option to file a document electronically, the department may charge a discounted fee for the electronic filing. September 1, 2017. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. June 18, 2005. (b) The department shall adopt rules for the application for and automatic issuance of a statement of ownership of a manufactured home described by Subsection (a). (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. (i) was sold as a new manufactured home and installed but never occupied; (iii) was taken back from the consumer or transferee because of a first payment default or agreement to rescind or unwind the transaction. (d) A retailer or manufacturer may not vary the content or form of the notice. (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. 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. Sec. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. 1201.1521. 14A.254(b), eff. If feasible, any action required under this chapter may be accomplished by electronic means. Sec. June 18, 2003. 408 (H.B. Mobile Home Titles in Texas - MobileHomeHQ.com The Forms Professionals Trust! Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. (b) A judgment obtained in the primary suit against the retailer or manufacturer is conclusive proof as to the holder of the debt instrument and admissible in an action by the consumer against the holder only if the consumer joins the holder in the primary suit. 1201.219. 863 (H.B. If appeal is not timely made, the revocation or suspension described in the notice of the director's action becomes final. 2, eff. 35, eff. ISSUANCE OF STATEMENT OF OWNERSHIP. (c) After the first retail sale of a manufactured home, the retailer must submit the original manufacturer's certificate for that home to the department. 85(3), eff. (a) The board shall establish fees for the issuance and renewal of licenses for: (b) The board by rule may establish a fee for reprinting a license issued under this chapter. 863 (H.B. GROUNDS FOR REFUSAL TO ISSUE OR FOR SUSPENSION OR REVOCATION OF STATEMENT OF OWNERSHIP. The Texas Department of Housing and Community Affairs (TDHCA) issues a Statement of Ownership instead of a mobile home title to homeowners when transferring or selling a mobile home. 2019), Sec. 1510), Sec. (29) "Standards code" means the Texas Manufactured Housing Standards Code. A continuing education program must be at least eight hours long and must include the current rules of the department and such other matters as the board may deem relevant. 863 (H.B. (e) A deposit becomes a down payment upon execution of a sales purchase contract. subchapter f: manufactured homeowner consumer claims program: subchapter g: statements of ownership . Added by Acts 2001, 77th Leg., ch. (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. 863 (H.B. 338, Sec. 1201.401. Acts 2009, 81st Leg., R.S., Ch. 1276, Sec. A. FFAIRS. (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. January 1, 2008. January 1, 2008. Unauthorized use is prohibited, and usage may be subject to security testing and monitoring. 42, eff. Q. 27, eff. 1201.455. 1284 (H.B. 408 (H.B. 863 (H.B. Added by Acts 2001, 77th Leg., ch. (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. (b) Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. (b) The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a). Sept. 1, 2003. September 1, 2017. 863 (H.B. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. January 1, 2008. 863 (H.B. You can find additional help in the SOL Application Instructions. 1460), Sec. Sec. September 1, 2013. DISCLAIMER OF IMPLIED WARRANTY. 863 (H.B. No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf. (g) An order of suspension under Subsection (f) may be appealed. 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. Acts 2005, 79th Leg., Ch. Manufactured Housing Division for ownership and tax lien information before March 1982. 1201.459. Contact Mobile Homes. 1201.355. January 1, 2008. September 1, 2021. JCPenney - Wikipedia If a person against whom the order is issued requests a hearing before the 31st day after the date the order is issued, the director shall set and give notice of a hearing. 1421, Sec. (2) damages for pain and suffering, mental anguish, emotional distress, or other analogous tort claims. (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.
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