(e) The applicant shall pay the cost of a criminal history check under this section. 2, eff. Sec. (e) A person may not repair, rebuild, or otherwise refurbish a salvaged manufactured home unless the person complies with the rules of the director relating to rebuilding a salvaged manufactured home. 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. Sec. 14A.252(a), eff. June 18, 2005. A manufacturer, retailer, broker, installer, or lienholder may not repair or otherwise alter a used manufactured home or replace a component or system of a used manufactured home in a way that makes the home not habitable. January 1, 2008. 408 (H.B. 2019), Sec. The department shall cooperate with all local governmental units in this state. The department may not refuse to issue a statement of ownership and may not suspend or revoke a statement of ownership unless: (1) the application for issuance of the statement of ownership contains a false or fraudulent statement, the applicant failed to provide information required by the director, or the applicant is not entitled to issuance of the statement of ownership; (2) the director has reason to believe that the manufactured home is stolen or unlawfully converted, or the issuance of a statement of ownership would defraud the owner or a lienholder of the manufactured home; (3) the director has reason to believe that the manufactured home is salvaged, and an application for the issuance of a new statement of ownership that indicates that the home is salvaged has not been filed; (5) the state sales and use tax has not been paid in accordance with Chapter 158, Tax Code, and Section 1201.208; or. An appeal is a contested case governed by Chapter 2001, Government Code. } June 18, 2003. 54, eff. The board shall charge a fee to each person attending a course of instruction described by Section 1201.104. 1201.502. 85(3), eff. September 1, 2017. 14, eff. 1201.454. Acts 2007, 80th Leg., R.S., Ch. 2019), Sec. Sec. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. 77 (H.B. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. (a) A local governmental unit of this state may not adopt a standard for the construction or installation of manufactured housing in the local governmental unit that is different from a standard adopted by the board unless, after a hearing, the board expressly approves the proposed standard. (c) The director shall issue to the manufacturer, retailer, or installer an appropriate order for corrective action by the manufacturer, retailer, or installer specifying a reasonable period for completion of the corrective action. 863 (H.B. (b) If a combination warranty is given under this section, the manufacturer and retailer are not required to give separate written warranties, but the manufacturer and retailer are jointly liable with the seller of the real property to the purchaser for the performance of their respective warranty obligations. 863 (H.B. If an owner of a mobile home chooses to change its use from a business to a residential property, they need to reapply and indicate the change in use. September 1, 2013. If the buyer acquires the home from someone who is not a licensed retailer, they can find the application online or call 800-500-7074 to request one. or the payment receipt showing that the applicant is the purchaser of the manufactured September 1, 2017. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 1201.052. (1) each of the consumer's complaints; and. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. (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. 1201.453. Acts 2005, 79th Leg., Ch. HABITABILITY. Sec. A hearing of an appeal of an order of suspension issued under Subsection (f) shall be held not later than the 15th day after the date of receipt of the notice of appeal. // (1) directing a manufacturer, retailer, or installer whose license is not revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) and who is not out of business to perform the warranty obligation of a manufacturer, retailer, or installer whose license is revoked, suspended, or subject to an administrative sanction under Section 1201.357(b) or who is out of business; and. Louisiana [pronunciation 1] (French: La Louisiane (); Spanish: Luisiana) is a state in the Deep South and South Central regions of the United States.It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states.Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. 408 (H.B. 1079 (H.B. September 1, 2017. 1284 (H.B. Any certified copies of a Statement of Ownership are free upon request. September 1, 2017. If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder. 1276, Sec. September 1, 2009. 863 (H.B. 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. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. 1201.605. (d) If the consumer asserts against the holder of the debt instrument a claim or defense that arises from a claim or defense of the consumer against the retailer, the consumer's relief against the holder arising from claims and defenses of the consumer against the retailer is limited to recovery of an amount not to exceed the total amount paid by the consumer to the holder and to cancellation of the balance remaining on the instrument. (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. The department may make a request under this subsection electronically, and a taxing authority may provide notice of the existence or absence of a timely filed tax suit electronically. Sec. 4, eff. (3) is not subject to an action by the department for failure to provide warranty service. 863 (H.B. 1201.005. 2019), Sec. 2, eff. 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 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. (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. Added by Acts 2003, 78th Leg., ch. (B) permanently attached to each transportable section of each HUD-code manufactured home constructed after June 15, 1976, for sale to a consumer. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. IAdminfootr01a_01_03o = new Image(226, 28);IAdminfootr01a_01_03o.src = '/images/tac_nav_over.gif'; 1460), Sec. 1460), Sec. (a) or the appraisal district determines the applicant's ownership under Subsection Added by Acts 2001, 77th Leg., ch. (b) Unless, not later than the 65th day after the later of the installation date or the date of the sale or exchange, the consumer notifies the seller in writing of a defect that makes the home not habitable, any obligation or liability of the seller under this subchapter is terminated. September 1, 2011. 59, eff. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. 1201.452. Sec. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. } Fax: 517-241-0130. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. January 1, 2008. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. January 1, 2008. A waiver by a consumer of this chapter is contrary to public policy and void. June 18, 2005. 1284 (H.B. Enter the number of acres used for residential purposes. Acts 2017, 85th Leg., R.S., Ch. BOX 12489 Austin, Texas 78711-2489 (800) 500-7074, (512) 475-2200 FAX (512) 475-1109 Internet Address: APPLICATION FOR STATEMENT OF OWNERSHIP The filing of an application for the issuance of a Statement of Ownership later than . 13, eff. September 1, 2013. 1201.409. Sec. (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. 30, eff. September 1, 2017. Any fees must be paid through certified funds, cashiers check, or money order made payable to TDHCA/MHD. Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 1201.508. (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. 31, eff. Sec. Sec. (f) If the owner of a manufactured home relocates the home, the owner shall apply for the issuance of a new statement of ownership not later than the 60th day after the date the home is relocated. . IAdminfootr01a_01_03 = new Image(226, 28);IAdminfootr01a_01_03.src = '/images/tac_nav.gif'; (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. 408 (H.B. License Number License Holder Name. (c)The owner of land that qualifies as a residence homestead under this section is Added by Acts 2003, 78th Leg., ch. 3361), Sec. You will need to include a receipt from the Tax Assessor-Collector with your form, which shows that no taxes remain unpaid on the home, and a lien release form from the previous lien holder.
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