September 1, 2011. (c) An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license. 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. September 1, 2017. In order to be deemed complete, an application for a Statement of Ownership must include, as applicable: (1) A completed and fully executed Application for Statement of Ownership on the Department's prescribed current form (2) The required fee; (3) If the statement . You can also file a civil rights complaint with the U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties (CRCL) and/or Department of the Interior Office of . Sec. 2438), Sec. 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. (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. Venue for the suit is in Travis County. June 18, 2003. Acts 2017, 85th Leg., R.S., Ch. 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. 338, Sec. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. September 1, 2017. Associate Last Name. September 1, 2017. Sept. 1, 2003. A seal is the property of the department. (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. (b) To be installed in a Wind Zone II county, a manufactured home constructed on or after September 1, 1997, must meet the Wind Zone II standards adopted by the United States Department of Housing and Urban Development. 2019), Sec. 8(1), eff. A person whose license has been suspended or revoked or whose license has expired may not engage in activities that require a license until the license has been reinstated or renewed. An appeal is a contested case governed by Chapter 2001, Government Code. September 1, 2017. 408 (H.B. Added by Acts 2013, 83rd Leg., R.S., Ch. September 1, 2011. 6, eff. September 1, 2017. (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and. 1460), Sec. Acts 2017, 85th Leg., R.S., 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; and. (a) The department shall make available in electronic format, or in hard-copy format on request, to each chief appraiser of an appraisal district in this state a monthly report that, for each manufactured home reported as having been installed during the preceding month in the county for which the district was established and for each manufactured home previously installed in the county for which a transfer of ownership was recorded by the issuance of a statement of ownership during the preceding month, lists: (2) the name of the manufacturer of the home, if available; (3) the model designation of the home, if available; (4) the identification number of each section or module of the home; (5) the address or location where the home was reported as installed; and. Sec. 2019), Sec. 1201.219. Amended by Acts 2003, 78th Leg., ch. 2019), Sec. 408 (H.B. (2) the place of inspection, for an inspection described by Subsection (a)(3) or (4). Added by Acts 2003, 78th Leg., ch. You must apply for a revised Statement of Ownership any time there is a change in the owners name(s), the physical location of the home, any lien information, the elected treatment of the home as either real or personal property, or residential or non-residential use. Please visit. September 1, 2017. June 18, 2003. January 1, 2008. (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. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. 863 (H.B. Sept. 1, 2003. If the retailer is compelled to perform corrective action because of the failure of the installer to comply with the director's order, the retailer may seek reimbursement from the installer. September 1, 2009. 46, Sec. September 1, 2017. Added by Acts 2001, 77th Leg., ch. Sec. Home ownership data was last updated on 03/03/2023. Before Senate Bill 521 (SB 521) took effect in June 2003, manufactured homeownership was evidenced by a Certificate of Title. 1201.061. 338, Sec. The person's provisional status remains in effect until a sufficient number of installations completed by the person have been inspected by the department and found not to have any identified material violations of the department's rules. You are accessing a Texas Department of Housing and Community Affairs information system. June 18, 2003. Acts 2007, 80th Leg., R.S., Ch. 2238), Sec. (e) The final determination may be appealed to the board on or before the 10th day after the date of its issuance by giving written notice to the director, who shall place the matter before the board at the next meeting held on a date for which the matter could be publicly posted as required by Chapter 551, Government Code. Acts 2007, 80th Leg., R.S., Ch. After June 2003, the TDHCA replaced the Certificate of Title with a Statement of Ownership and Location (SOL), which eventually became known as a Statement of Ownership. 55, eff. 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. 3.08, eff. 1201.254. 1201.2055. Acts 2017, 85th Leg., R.S., Ch. June 18, 2005. (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. Acts 2017, 85th Leg., R.S., Ch. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code. Sec. (10) "Security interest" has the meaning assigned by Section 1.201, Business & Commerce Code. ELECTRONIC PUBLIC RECORDS REQUIRED. September 1, 2017. The Texas SOL application will help transfer the home from the current seller to the new buyer. It is possible to sell a mobile home without a title, though you cannot legally transfer ownership without it. September 1, 2011. 14A.258(a), eff. Jan. 1, 2004. (d-1) When applying for a statement of ownership under this section, the real property owner shall include with the application an affidavit stating that: (1) the person owns the real property where the manufactured home is located; and. Sept. 1, 2003. 2, eff. 1284 (H.B. (3) disputes responsibility concerning the warranty obligation. (a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home. (B) the sale or lease occurs in a single real estate transaction. September 1, 2017. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 863 (H.B. Other than in the case of a fire or natural disaster, a general-rule or home-rule municipality by an ordinance or charter may limit the ability of the owner to replace his home to a single replacement. A tax lien recorded with the department has priority over another lien or claim against the manufactured home. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . 5, eff. 1460), Sec. 863 (H.B. (c) The warrantor has the burden of proof to show that the defect or damage is caused by the move. 338, Sec. Acts 2013, 83rd Leg., R.S., Ch. Sec. 3.14, eff. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial. 408 (H.B. (a) On written request, the department shall provide information held by the department on: (1) the current ownership and location of a manufactured home; and. 1201.610. A licensed salesperson may work only for the salesperson's sponsoring retailer or broker. Added by Acts 2001, 77th Leg., ch. (6) a fee for the issuance of a seal for a used mobile or HUD-code manufactured home. (a) Application Requirements. The Statement of Ownership specifies the legal owner of the property and the liens recorded with the department. Acts 2005, 79th Leg., Ch. (19) "Manufacturer" means a person who constructs or assembles manufactured housing for sale or exchange in this state. 85(2), eff. 2, eff. Upon a thorough investigation by the TDHCA, the seller was assessed a civil penalty of $20,000.00. Sec. 2019), Sec. 1201.220. (2) the holder of a lien or security interest of record. Once you have completed the form listing the requested information, you may mail it to:
Additionally, after selling a mobile home, the SOL application with the required fees must be filed no later than 60 days after the date of a sale to a consumer for residential use. Section 5401 et seq. January 1, 2008. 2438), Sec. 1201.010. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. Manufactured Housing Division. June 1, 2003. Once the agency approves the application, it issues the Statement of Ownership. If a retailer sells the home, but does not help the buyer or provide them with the documents they need to file for Statement of Ownership, the buyer can file a complaint with the TDHCA using its Consumer Complaint form. Check out the following resources from the Texas Department of Housing Housing and Community Affairs: Consumer Info Brochure. Added by Acts 2007, 80th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. 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. (2) a copy of the statement of ownership for the home has been filed in the real property records of the county in which the home is located. (b) In enforcing this chapter, the director may authorize a state inspector to travel inside or outside of the state to inspect a licensee. 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. 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. A manufacturer may not construct a HUD-code manufactured home in this state for sale or resale unless the manufacturer: (1) supplies the department with proof of acceptance by a design approval primary inspection agency authorized by the United States Department of Housing and Urban Development; (3) has the home inspected by an in-plant inspection agency authorized by the United States Department of Housing and Urban Development. 5, eff. 408 (H.B. Section 5401 et seq. 1421, Sec. 11, eff. 408 (H.B. 408 (H.B. 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. 27, eff. September 1, 2017. The department remains subject to the other requirements of Subsection (a). DISCLAIMER OF IMPLIED WARRANTY. * Note: These forms are available as Add-Ons to your existing TMHA Membership. Online Statement of Ownership Application System. (h) If a person selling a manufactured home to a consumer for residential use fails to file with the department the application for the issuance of a statement of ownership and the appropriate filing fee before the 61st day after the date of the sale, the department may assess a fee of at least $100 against the seller. . 2019), Sec. 408 (H.B. Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order. 863 (H.B. 408 (H.B. 2238), Sec. (d) The director may impose an administrative penalty in accordance with this section. Attach the mobile home statement of ownership and location or sales contract. This is a legal form that was released by the Texas Department of Housing and Community Affairs - Manufactured Housing Division - a government . 863, Sec. Sec. September 1, 2017. (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. 1284 (H.B. June 18, 2005. document.returnValue = true; 30, eff. (2) notify the department and the chief appraiser of the applicable appraisal district that the copy has been filed. 1421, Sec. January 1, 2008. The information is kept online in a database for the state to keep track of all mobile homes regardless of their condition or age, mainly for tax purposes. September 1, 2021. June 1, 2003. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home without the appropriate transfer of good and marketable title to the home.
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