(b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. MANUFACTURED HOME ABANDONED. 2, eff. TDHCA Info. 1201.219. contract or agreement; and. 2438), Sec. 4, eff. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. 9, eff. (d) A person charged with a penalty who is financially unable to comply with Subsection (c)(2) is entitled to judicial review if the person files with the court, as part of the person's petition for judicial review, a sworn statement that the person is unable to meet the requirements of that subsection. CONSUMER COMPLAINT HOME INSPECTION. (3) approving a standard proposed by a local governmental unit under Section 1201.252. 1421, Sec. 1, eff. 15, eff. 2238), Sec. 2238), Sec. (6) the reported date of the installation of the home. 2438), Sec. 1201.255. The department remains subject to the other requirements of Subsection (a). ELECTRONIC MEANS AUTHORIZED. Acts 2017, 85th Leg., R.S., Ch. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. Sec. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. Manufactured Housing - Cooke County Appraisal District (a) Except as provided by Subsection (b) or Section 1201.206(k), the department may not issue a statement of ownership for a manufactured home that is being converted from personal property to real property until: (1) each lien on the home is released by the lienholder; or. CERTAIN MANUFACTURED HOMES CONSIDERED REAL PROPERTY. (b-1) Notwithstanding any other law, a lien perfected with the department may be released only by filing a request for the release with the department on the form provided by the department or by following the department's procedures for electronic lien release on the department's Internet website. CRIMINAL PENALTY. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 11, eff. September 1, 2017. (a) Aransas, Brazoria, Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda, Nueces, Orange, Refugio, San Patricio, and Willacy counties are in Wind Zone II. Title Transfer of a Mobile Home in Texas | Silberman Law Firm, PLLC The lienholder may not be joined as a party in any litigation relating to the sale or exchange of the home. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; Sec. PROHIBITED ALTERATION. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (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. Acts 2017, 85th Leg., R.S., Ch. RETAILER'S WARRANTY ON A NEW HUD-CODE MANUFACTURED HOME. (2) to a purchaser for the purchaser's business use or another nonresidential use. 863 (H.B. (a) Instead of requiring a consumer to apply for compensation under the manufactured homeowner consumer claims program under Subchapter I, the director may order a manufacturer, retailer, broker, or installer, as applicable, to pay a refund directly to a consumer who sustains actual damages resulting from an unsatisfied claim against a licensed manufacturer, retailer, broker, or installer if the unsatisfied claim results from a violation of: (b) For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405. The disclosure shall be in at least 12-point type and must address matters of concern relating to costs and obligations that may be associated with home ownership, matters to be considered in making financing decisions, related costs that may arise when purchasing a manufactured home, and such other matters as the board may deem appropriate to promote informed purchase, financing, and related decisions regarding the acquisition and ownership of a manufactured home. 338, Sec. (a) In a transaction that is to be financed and that will not be subject to the federal Real Estate Settlement Procedures Act of 1974 (Pub. Michelle Nati is an associate editor and writer who has reported on legal, criminal and government news for PasadenaNow.com and Complex Media. (a) With guidance from the federal Housing and Community Development Act of 1974 (42 U.S.C. (e) A person may not repair, rebuild, or otherwise alter a salvaged manufactured home unless the person holds a retailer's license. Acts 2013, 83rd Leg., R.S., Ch. June 18, 2003. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. September 1, 2011. 1421, Sec. 30, eff. Sec. (d) A retailer or manufacturer may not vary the content or form of the notice. Sec. 36, eff. Submit Inventory Online. Added by Acts 2007, 80th Leg., R.S., Ch. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. 3.16, eff. (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license. (b) If a bond is filed, the bond must be issued by a company authorized to do business in this state and must conform to applicable provisions of the Insurance Code. 3.11, eff. Application for Certificate(s) of Financial Responsibility, as . 2019), Sec. 2238), Sec. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 2, eff. 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 . 85(2), eff. 1135 (H.B. (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. (a) Notwithstanding any other law, in any 12-month period a person is exempt from holding a retailer's license as required by Section 1201.101(b) if during that period the person sells or offers to sell not more than three manufactured homes. 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. 408 (H.B. September 1, 2017. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. Sec. CONVERSION FROM PERSONAL PROPERTY TO REAL PROPERTY. License Holders: Checklists, Form T, Disclosures and Notices, HUD Disclosures, Site Prep Notice, Formaldehyde Notice, Licensing Class Enrollment Form, License Application, etc. INFORMATION ON OWNERSHIP AND TAX LIEN. September 1, 2009. 4, eff. 1421, Sec. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. Sec. They will need to discharge or pay off lien holders before moving the home or get their written consent for the move. 1421, Sec. NATURE OF PROPERTY. Added by Acts 2001, 77th Leg., ch. Sec. 1460), Sec. Stay up-to-date with how the law affects your life. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. 3361), Sec. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. 2019), Sec. 408 (H.B. Finally, the homeowner must submit the Application for Statement of Ownership with all supporting documentation and fees. 408 (H.B. 408 (H.B. (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. 38, eff. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. 1201.401. (b) If it is determined that a new manufactured home was sold or exchanged without the required sales and use tax being paid, the payment shall be made from the fund, up to the available penal amount of the licensee's bond or the remaining balance of the security for the license, and a claim for reimbursement shall be filed with the licensee's surety or the amount deducted from the security for the license. The board shall issue an order after receiving a proposal for decision. September 1, 2017. They'll need to provide evidence of ownership, such as a bill of sale, contract, deed, purchase agreement or sale receipts. (b) Not later than the 60th day after the date of the retail sale, the retailer shall provide to the department the completed application for the issuance of a statement of ownership. 2019), Sec. Applications for Statement of Ownership and all associated paperwork must be submitted to the Texas Department of Housing and Community Affairs (TDHCA) to complete ownership transfer. Acts 2005, 79th Leg., Ch. 408 (H.B. SUBCHAPTER J. (a) A retailer or salesperson may not: (1) assist a consumer in preparing or providing false or misleading information on a document related to the purchase or financing of a manufactured home; or. (2) the date the act or omission is discovered or should reasonably have been discovered. In this subchapter: (1) "Certificate of attachment" means a written instrument issued solely by and under the authority of the director before September 1, 2001, that provides the information required by former Section 19(l), Texas Manufactured Housing Standards Act (Article 5221f, Vernon's Texas Civil Statutes), as that subsection existed before that date. Added by Acts 2001, 77th Leg., ch. (g) When an application is filed for the issuance of a statement of ownership for a used manufactured home that is not in a retailer's inventory or is being converted from personal property to real property in accordance with Section 1201.2075, a statement from the tax assessor-collector for the taxing unit having power to tax the manufactured home shall also be filed with the department. (e) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. 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. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. 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. June 1, 2003. (b) Written notice to the department is deemed to be notice to the manufacturer, retailer, or installer commencing three business days after receipt and forwarding of the notice by the department to the licensee by regular mail or electronic mail of a scanned copy of the notice. September 1, 2013. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. Acts 2005, 79th Leg., Ch. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. June 18, 2005. 3, eff. C. OMMUNITY . The TDHCA requires a copy of the title commitment or policy. 1201.303. (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. 15(2), eff. During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. 863 (H.B. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. The director may issue an order to prohibit a person who is not licensed as an installer from performing installation functions under the oversight of a licensed installer. September 1, 2017. September 1, 2017. 46 (H.B. 15(3), eff. 863 (H.B. (c) After a change described by Subsection (a), the licensee shall provide to the department a proper endorsement to the original bond showing that the bond continues to apply to the license without interruption. DOCUMENT OF TITLE; CERTIFICATE OF ATTACHMENT. Sec. September 1, 2017. Sec. 1276, Sec. 1201.107. 14A.252(a), eff. September 1, 2011. Acts 2007, 80th Leg., R.S., Ch. Sec. . 408 (H.B. There is no additional fee for the release of lien when it is part of a transfer of ownership. 1460), Sec. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. (3)the applicant demonstrates ownership of the manufactured home under Subsection 43, eff. Acts 2011, 82nd Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Sec. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously: (1) been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license; (2) been found to have engaged in activity subject to this chapter without possessing the required license; (3) caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or. Section 5401 et seq.). 36, eff. 2019), Sec. June 18, 2005. January 1, 2008. 2438), Sec. Acts 2007, 80th Leg., R.S., Ch. 408 (H.B. 1201.407. 1460), Sec. 56, eff. 1510), Sec. June 18, 2003. 1201.053. A violation of this subsection is a Class B misdemeanor. (512) 389-4800. 1079 (H.B. We also provide some thoughts concerning compliance and risk mitigation in this challenging environment. September 1, 2011. June 18, 2005. Questions or comments, please call 1-800-500-7074. (c) A retailer, broker, or salesperson may not sell or exchange, or offer to sell or exchange, a manufactured home to a consumer in this state for use as a dwelling unless the appropriate seal or label is attached to the home. Acts 2013, 83rd Leg., R.S., Ch. VENUE FOR HEARING. Added by Acts 2001, 77th Leg., ch. 2, eff. 2438), Sec. September 1, 2013. 1201.116. January 1, 2008. DIRECT CONSUMER COMPENSATION. January 1, 2008. Amended by Acts 2003, 78th Leg., ch. 338, Sec. 14A.254(a), eff. 77 (H.B. 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. Fill Out The Application For Statement Of Ownership - Texas Online And Print It Out For Free. Amended by Acts 2003, 78th Leg., ch. APPLICABILITY OF BUSINESS & COMMERCE CODE. 74.07, eff. Acts 2017, 85th Leg., R.S., Ch. 1201.113. (5) any other matters that justice may require. 338, Sec. (2) provide contractually in the sales transaction that the identified bond applies to the sale. (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. June 1, 2003. (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. (2) on a form prescribed by the director, each subsequent transfer of a manufactured home between retailers and from retailer to owner, if the transfer from retailer to owner involves a completed application for the issuance of a statement of ownership. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. 46 (H.B. Home ownership data was last updated on 03/02/2023. 1421, Sec. 408 (H.B. 1421, Sec. September 1, 2013. Part 1026. 13, eff. Acts 2007, 80th Leg., R.S., Ch. Section 5401 et seq. Sec. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. (g) After a real property election is perfected under Subsection (e): (1) the home is considered to be real property for all purposes; and. January 1, 2008. January 1, 2008. function di(id,name){ 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). 34(1), eff. The board shall issue an order after receiving a proposal for decision. 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. 408 (H.B.