(a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. They are exempt from this requirement if a title company handles the transaction and insures the property against existing liens. (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). January 1, 2008. Its important to do this research because you may not be able to update the Statement of Ownership (title) until the recorded liens have been released and taxes have been paid through the date of sale. 408 (H.B. In order to transfer a mobile home title in Texas, there is a $55 issuance fee for the SOL. January 1, 2008. APPLICABILITY OF BUSINESS & COMMERCE CODE. 1201.611. STATEMENT OF OWNERSHIP FORM. 1201.456. September 1, 2009. Sec. 1201.115. A required fee must be paid by certified funds, cashier's check or money order, made payable to TDHCA/MHD. EXEMPTION FROM RETAILER'S LICENSE REQUIREMENT. 2019), Sec. Sec. (15) "Label" means a device or insignia that is: (A) issued by the director to indicate compliance with the standards, rules, and regulations established by the United States Department of Housing and Urban Development; and. 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. 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. 15, eff. (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. 338, Sec. CONSUMER COMPENSATION. STANDARDS AND REQUIREMENTS ADOPTED BY BOARD. September 1, 2017. September 1, 2017. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. January 1, 2008. ); (2) may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and. 1460), Sec. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. (d) Notwithstanding any other provision of this chapter, if the consumer purchases a new manufactured home from a licensed retailer in the ordinary course of business, whether or not a statement of ownership has been issued for the manufactured home, the consumer is a bona fide purchaser for value without notice and is entitled to ownership of the manufactured home free and clear of all liens and to a statement of ownership reflecting the same on payment by the consumer of the purchase price to the retailer. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. (d) The director may impose an administrative penalty in accordance with this section. September 1, 2009. 41, eff. Sec. EXCEPTIONS TO LICENSE REQUIREMENT. Acts 2013, 83rd Leg., R.S., Ch. This chapter does not: (1) modify or amend Chapter 1101 or 1102; or. MANUFACTURED HOUSING. 2019), Sec. 39, eff. Acts 2005, 79th Leg., Ch. (10) "Department" means the Texas Department of Housing and Community Affairs operating through its manufactured housing division. 3.15, eff. September 1, 2017. JCPenney - Wikipedia 14A.258(a), eff. 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. If the department rejects an application, the department shall provide a clear and complete explanation of the reason for the rejection and instructions on how to cure any defects, if possible. DIRECT CONSUMER COMPENSATION. Acts 2017, 85th Leg., R.S., Ch. Section 5401 et seq. 2019), Sec. Statement from Tax Assessor-Collector (Form 1076), also known as an 18-Month Statement; Our staff is available to assist you with these and any questions regarding property taxes on manufactured housing. 2438), Sec. They are non-refundable. Acts 2005, 79th Leg., Ch. 1284 (H.B. 5, eff. 1270 (H.B. 1201.509. 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). 2019), Sec. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. Acts 2005, 79th Leg., Ch. (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. September 1, 2009. HABITABILITY: PROHIBITED ALTERATION OR REPLACEMENT. She holds a B.A. (29) "Standards code" means the Texas Manufactured Housing Standards Code. PROPERTY CODE CHAPTER 2. NATURE OF PROPERTY - Texas Added by Acts 2019, 86th Leg., R.S., Ch. (2) the county in which the violation occurs. 863 (H.B. The first step to writing a bill of sale is to first come to a terms agreement between the buyer and seller, which includes the price of the mobile home. (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. 863 (H.B. Acts 2013, 83rd Leg., R.S., Ch. 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. (g) If, after judicial review, the penalty is reduced or not assessed, the director shall remit to the person charged the appropriate amount, plus accrued interest if the penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted. 1201.111. 1276, Sec. CORRECTIVE ACTION REQUIRED. (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. Amended by Acts 2003, 78th Leg., ch. The board shall issue an order after receiving a proposal for decision. (b) The director may request or issue subpoenas for a licensee's records. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. 2, eff. Acts 2007, 80th Leg., R.S., Ch. 1201.158. September 1, 2013. GENERAL RULEMAKING AUTHORITY. If the applicant made a mistake, they'll need to fill out a new application and pay the $55 fee a second time for a correct statement. 37, eff. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475- 2200 FAX (512) 475-1109 . 14A.254(b), eff. (f) A person may not act as a salesperson of manufactured housing unless the person holds a salesperson's license. Acts 2007, 80th Leg., R.S., Ch. State: Texas. 1284 (H.B. (a) If the sale or exchange of a used manufactured home is to a purchaser for the purchaser's business use, the home is not required to be habitable unless the purchaser discloses to the retailer in writing at the time of purchase that the purchaser intends for a person to be present in the home for regularly scheduled work shifts of not less than eight hours each day. Added by Acts 2001, 77th Leg., ch. September 1, 2013. 1201.305. Sec. RETAILER AS WAREHOUSE. Tracking a manufactured home's ownership ceased when it became real property, was used for business or was salvaged. // Website by: Left Hand Design, Manufactured Home and Space Lease Agreement, Notice for Dwelling Located in Floodplain, Notice for Dwelling Located in Area of Flooding Within Last 5 Years, Consumer Consent Notice E-Sign Act & Texas Uniform Electronic Transactions Act, PUC's Rules for Water and Sewer Submetering or Allocation, Water and Wasterwater Submetering Addendum, Water and Wasterwater Allocation Addendum, Lease with an Option to Purchase Addendum, Regulation M: Closed-End/Net Lease Disclosure, 30-Day Notice to Vactate for Nonpayment at a CARES Act Covered Property, 3-Day Notice to Vacate For Other Than Nonpayment, 10-Day Notice to Vacate For Other Than Nonpayment. 863 (H.B. LEGISLATIVE FINDINGS AND PURPOSES; LIBERAL CONSTRUCTION. (d) A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee. June 1, 2003. 1201.212. Acts 2017, 85th Leg., R.S., Ch. (a) In completing an application for the issuance of a statement of ownership, an owner of a manufactured home shall indicate whether the owner elects to treat the home as real property. Manufactured Housing - Home Ownership View 408 (H.B. (b) If part of the down payment is consideration other than cash, including a loan or trade-in, the retailer must expressly state that fact in the retail installment sales contract or other credit document. ELECTRONIC MEANS AUTHORIZED. SANCTIONS AND PENALTIES. Sec. "; (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. 1201.003. 1421, Sec. Sec. (b) An offense under this section is a Class A misdemeanor punishable by: (2) confinement in county jail for a term of not more than one year; or. June 18, 2005. (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. 01/16/18 T EXAS D EPARTMENT OF H OUSING AND C OMMUNITY A FFAIRS M ANUFACTURED H OUSING D IVISION P. O. H. OUSING . 1135 (H.B. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. 863 (H.B. 2019), Sec. (c) A retailer, broker, or salesperson or a person acting on behalf of a retailer or broker may not receive or accept compensation or consideration of any kind from the seller of the real property or a person acting on the seller's behalf. Acts 2009, 81st Leg., R.S., Ch. Mobile Homes - Brazoria County Appraisal District 2019), Sec. Sept. 1, 2003. Sec. The manufacturer, retailer, or installer, as applicable, shall take appropriate corrective action within a reasonable period as required by department rules to fulfill the written warranty obligation. (c) At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer: (2) the warranties given by the manufacturers of appliances or equipment installed in the home. Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). PDF Application for Statement of Ownership Submit Inventory Online. Manufactured Housing - Tarrant County TX 52, eff. Acts 2005, 79th 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 (Statement of Ownership Form); and (B) other information required by this chapter. Austin Texas Statement of Ownership and Location Save your time looking for the right sample and utilize the US Legal online library. 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. 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 . 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. Sept. 1, 2003. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. 863 (H.B. June 18, 2005. Form AC 8050-88A - AFFIDAVIT OF OWNERSHIP LIGHT-SPORT AIRCRAFT 32, eff. NOTICE OF NEED FOR WARRANTY SERVICE. 40, eff. Sec. home; (2)a copy of the sales purchase agreement or other applicable contract or agreement 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. (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. Storms roll eastward after slamming South; 8 deaths reported 34, eff. 47, eff. 863 (H.B. Sec. A retailer may not purchase for resale to a consumer a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. 1201.207. 1421, Sec. 1201.217. (a) Nothing in this chapter shall limit the ability of the department to inspect a manufactured home at any time. 58, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. (2) each lienholder, including a taxing unit, gives written consent, to be placed on file with the department. STATE INSPECTORS. (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. June 1, 2003. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. (B) is designated by an entity and satisfies the requirements of Sections 1201.104 and 1201.113 on behalf of the entity, if the entity is licensed or seeking licensure under this chapter. 1460), Sec. June 18, 2003. 12, eff. A Statement of Ownership must replace any certificate of title. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . September 1, 2017. 93-533) and its implementing regulations, a retailer shall deliver to a consumer at least 24 hours before the sales purchase contract is fully executed the contract, with all required information included, signed by the retailer. 1460), Sec. 2019), Sec. Sec. 31, eff. PROHIBITED REAL ESTATE TRANSACTION. ), 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. 85(3), eff. (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. 3361), Sec. 1201.151. (a-1) For the period immediately following June 30 of each year, the department shall, except for applications relating to new manufactured homes and applications accompanied by a tax certificate, cease issuing statements of ownership until all tax liens filed with the department before June 30 have been processed and either recorded or rejected. Manufactured Homes - Harris County Tax Office 69, eff. June 1, 2003. (d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987. To move a manufactured home, the state requires the owner to get a permit from the Department of Motor Vehicles (DMV). Sec. INSTRUCTION FEE. 1201.254. The use changes, as from residential to nonresidential and vice versa. Section 4001 et seq. If the person fails to complete such course successfully and in a timely manner, the person's license is automatically suspended until the person successfully completes the course. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. Acts 2017, 85th Leg., R.S., Ch. (18) "Manufactured home" or "manufactured housing" means a HUD-code manufactured home or a mobile home. 1460), Sec. DEPARTMENT POWERS AND DUTIES. Application for Statement of Ownership.pdf - TEXAS DEPARTMENT OF Acts 2005, 79th Leg., Ch. 408 (H.B. (d) A retailer or manufacturer may not vary the content or form of the notice. Amended by Acts 2003, 78th Leg., ch. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. September 1, 2017. (c) The retailer may not retain more than five percent of the estimated cash price of the specially ordered home and must refund any amount that exceeds five percent. 1079 (H.B. Acts 2009, 81st Leg., R.S., Ch. (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. 2019), Sec. 1460), Sec. OCCUPATIONS CODE CHAPTER 1201. MANUFACTURED HOUSING - Texas PROBATION. When buying or selling a mobile home with Mobile Home HQ our team will provide and make sure all paperwork is correct and compliant with the state. Misuse of this system is subject . Sec. . 1276, Sec. The surety is not liable for successive claims in excess of the face value of the bond, regardless of the number of years the bond remains in force. 1421, Sec. Sec. 73(a)(3), eff. 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. 863 (H.B. September 1, 2013. 1276, Sec. 1), Sec. If the seller files the SOL form after 60 days, they can face a fee of up to $100. 408 (H.B. (3) $4,000 for each subsequent violation. September 1, 2017. 3361), Sec. (c) No test shall be given in relation to any continuing education program. (4) the location to which the license will apply. 1201.1505. 2, eff. Manufactured Housing Division License Holder Name [Help] Associate First Name. The defunded Austin, Texas, police department launched a new non-emergency online reporting system on Thursday that is operated with artificial intelligence, or AI. 2, eff. } Amended by Acts 2003, 78th Leg., ch. 33, eff. (d) The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed. Acts 2017, 85th Leg., R.S., Ch. Texas Department of Housing and Community Affairs (TDHCA) - Manufactured Housing Division. June 18, 2003. 64, eff. 1421, Sec. (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. Acts 2017, 85th Leg., R.S., Ch. (b) A person who acquires a manufactured home from or through a licensee by purchase or exchange may, in a transfer that is based wholly or partly on a credit transaction occurring not later than the third day after the date of the signing of the binding note, security agreement, or other financing credit contract with respect to which the consumer's purchased manufactured home will serve as collateral for the credit transaction, rescind the contract without penalty or charge other than the real property appraisal and title work expenses incurred in accordance with Section 1201.1511. 3, eff. January 1, 2008. 863 (H.B. 19, eff. Acts 2007, 80th Leg., R.S., Ch. 5, eff. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. 2, eff. Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. September 1, 2021. 1510), Sec. Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., 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. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. Texas Department Of Manufactured Housing Statement Of Ownership 2019), Sec. Amended by Acts 2003, 78th Leg., ch. 2, eff. Statement From Tax Assessor-Collector from the local tax collector's office is needed. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. Sec. The mobile home's lien information changes. 85(5), eff. 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 . It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. September 1, 2017. 1460), Sec. (c) Not later than the 60th day after the date of each subsequent sale or transfer of a home that is considered to be personal property, the seller or transferor shall provide to the department a completed application for the issuance of a new statement of ownership. 2, eff. 38, eff. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. 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. 58, eff. . (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. 35, eff. Acts 2013, 83rd Leg., R.S., Ch. FAILURE TO PROVIDE WARRANTY SERVICE. A salvaged manufactured home may be sold only to a licensed retailer. Added by Acts 2001, 77th Leg., ch. 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. 50, eff. (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. 1201.362. (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 2009, 81st Leg., R.S., Ch. 1460), Sec. Sec. Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department. (a) A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code. PROHIBITED RETENTION OF DEPOSIT. 1201.508. 863 (H.B. September 1, 2009. 2438), Sec. 2, eff. (b) The department may issue a statement of ownership before the release of any liens or before receiving the consent of any lienholders as required by this section, or without receiving the statement required by Section 1201.206(g), if the department releases a copy of the statement to: (1) a licensed title insurance company that has issued a commitment to issue a title insurance policy covering all prior liens on the home in connection with a loan that the title company has closed; or.
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