(c) All fees established by this chapter or the rules are deemed to be earned and not subject to refund after receipt by the department. 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. Acts 2017, 85th Leg., R.S., Ch. (c) Before the signing of a binding retail installment sales contract or other binding purchase agreement on a new HUD-code manufactured home, the retailer must give the consumer a copy of: (3) the warranties given by the manufacturers of appliances or equipment included with the home; and. 1276, Sec. 408 (H.B. January 1, 2008. 2, eff. Acts 2017, 85th Leg., R.S., Ch. 3361), Sec. A waiver by a consumer of this chapter is contrary to public policy and void. 2438), Sec. 1460), Sec. September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 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. Sec. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 1345 (S.B. 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. 16, eff. 2019), Sec. Online Statement of Ownership Application System. Sec. Acts 2009, 81st Leg., R.S., Ch. TDHCA Forms. CEASE AND DESIST. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. A temporary location for a bona fide trade show sponsored by a nonprofit corporation that qualifies for an exemption from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c) of that code does not require a bond. (1) a deposit held in escrow in a real estate transaction; or. (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. (g) The department may request that a tax collector confirm that no tax suit has been timely filed on any manufactured home tax lien more than four years in delinquency. A manufacturer may not ship a HUD-code manufactured home into this state for sale or resale unless the manufacturer complies with: (1) all requirements of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. ADMINISTRATIVE PENALTY. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. January 1, 2008. 1201.101. 58, eff. September 1, 2013. (a) Except as provided by Subsection (g), as a requirement for a manufacturer's, retailer's, broker's, installer's, or salesperson's license, a person who was not licensed or registered with the department or a predecessor agency on September 1, 1987, must, not more than 12 months before applying for the person's first license under this chapter, attend and successfully complete eight hours of instruction in the law, including instruction in consumer protection regulations. (c) The renewal license expires on the second anniversary of the date the license was renewed. 1460), Sec. 42, eff. Acts 2007, 80th Leg., R.S., Ch. A Statement of Ownership must replace any certificate of title. 408 (H.B. 37, eff. If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code. LICENSE FEES. June 18, 2005. 44, eff. 1201.554. (B) the sale or lease occurs in a single real estate transaction. 65, eff. Acts 2007, 80th Leg., R.S., Ch. (3) is not subject to an action by the department for failure to provide warranty service. SEAL OR LABEL REQUIRED. 2019), Sec. 863 (H.B. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. 1201.461. Emailing the TDHCA at processing@tdhca.state.tx.us, Sending their concerns via mail to TDHCA, P.O. ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR. Acts 2017, 85th Leg., R.S., Ch. SECURITY: CHANGE IN OWNERSHIP OR LOCATION. 1460), Sec. Sec. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. Amended by Acts 2003, 78th Leg., ch. September 1, 2017. (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. Acts 2007, 80th Leg., R.S., Ch. Sec. Sec. (16) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b) A violation of this section does not create a cause of action or claim for damages for a consumer. 11, eff. 1460), Sec. To replace the title with a personal property Statement of Ownership and Location, you will need to submit an SOL application and the original title document. The definition of a manufactured home per section 32.015 of the Texas Property Tax Code is: (c) A manufactured home has the meaning assigned by section 1201.003 of the Occupations Code. Detroit-based DTE Energy reported more than 130,000 customers lost power Friday evening. 338, Sec. September 1, 2017. 2, eff. WIND ZONE REGULATIONS. (1) the statement of ownership and location for the home issued under Section 1201.207, Occupations Code, reflects that the owner has elected to treat the home as real property . 1079 (H.B. Sept. 1, 2003. Amended by Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. (a) The board shall adopt rules and otherwise act as necessary to: (1) comply with the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. Sec. HABITABILITY: EXCEPTION FOR CERTAIN GOVERNMENTAL OR NONPROFIT ENTITIES. (e) If the person charged does not pay the penalty and does not pursue judicial review, the department or the attorney general may bring an action for the collection of the penalty. (a) Except as provided by Section 1201.456, a broker shall ensure that the seller gives the buyer the applicable disclosures and warranties that the buyer would have received if the buyer had purchased the manufactured home through a licensed retailer. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government authority . 1460), Sec. (d) In order to ensure that the determinations required by this section are properly made by qualified persons: (1) the board's rules may provide for the approval of foundation systems and devices that have been approved by licensed engineers; and. January 1, 2008. (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed. Any questions can be by email Aircraft Registration Branch, or you can call 1-866-762-9434, or 405-954-3116. 34(1), eff. In an announcement on Thursday . 1201.254. (b) If the home does not have the appropriate seal or label, the person must: (1) apply to the department for a seal; and. 48, eff. September 1, 2017. Though it may seem intimidating, buying a mobile home in Texas can be extremely easy once you have a solid idea of what youre looking for and how to do it. Laredo Texas Statement of Ownership and Location Take advantage of our comprehensive internet form library to make sure you always are able to get up-to-date samples that are completely ready for downloading, preparing, and signing. (b) Repealed by Acts 2005, 79th Leg., Ch. 2019), Sec. Section 1601 et seq.). 7, eff. 2, eff. Sec. 56, eff. (a) If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer that the consumer could assert against the holder of the manufactured home debt instrument must be asserted against the holder in the primary suit against the retailer or manufacturer. Added by Acts 2013, 83rd Leg., R.S., Ch. 408 (H.B. 408 (H.B. 39, eff. (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. (14) "Installer" means a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing. 2, eff. 863 (H.B. (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. 1276, Sec. September 1, 2013. 1201.1505. 34(1), eff. 85(3), eff. 36, eff. Sec. September 1, 2017. 2019), Sec. LICENSE APPLICATION. 30, eff. 863 (H.B. 1201.209. If the department's rules provide an option to file a document electronically, the department may charge a discounted fee for the electronic filing. (a) Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership. (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if: (1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. (2) investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination. 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 . 1201.116. real property or personal property and regardless of whether the manufactured home (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. June 18, 2003. 863 (H.B. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. If for any reason the retailer does not timely comply with the requirements of this subsection, the consumer may apply for the issuance of the statement.