(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. If other security is filed, that security must be maintained in or by a federally insured depository institution located in this state. 1510), Sec. (d) A person may not act as an installer in this state unless the person holds an installer's license. 52, eff. January 1, 2008. document.returnValue = false; 863 (H.B. 408 (H.B. Section 5401 et seq. 1460), Sec. (a) The consumer shall give written notice to the manufacturer, retailer, or installer, as applicable, of a need for warranty service or repairs. 1460), Sec. Acts 2009, 81st Leg., R.S., Ch. 1284, Sec. . All rights reserved. 5, eff. 408 (H.B. (a) Except as otherwise provided by this section, a retailer must refund a consumer's deposit not later than the 15th day after the date that a written request for the refund is received from the consumer. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. 1201.203. 1201.501. (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. 408 (H.B. 14, eff. 42, eff. SANCTIONS AND PENALTIES. A security interest in inventory evidenced by a properly recorded inventory finance lien automatically converts to a security interest in proceeds and cash proceeds. 25, eff. 1201.118. 863 (H.B. Mobile Home Titles in Texas - MobileHomeHQ.com (b) The department shall establish an installation inspection program in which at least 75 percent of installed manufactured homes are inspected on a sample basis for compliance with the standards and rules adopted and orders issued by the director. Acts 2005, 79th Leg., Ch. 30, eff. 338, Sec. 6, eff. A seal is the property of the department. 1201.117. Acts 2017, 85th Leg., R.S., Ch. 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. CONVERSION FROM REAL PROPERTY TO PERSONAL PROPERTY. CHANGE IN USE. 1460), Sec. Category: Texas Real Estate - Manufactured Homes. Sec. 1201.164. Once the department issues a statement of ownership, the department shall not alter the record of the ownership or lien status, other than to change the record to accurately reflect the proper owner's or lienholder's identity or to release a lien if an authorized lienholder files with the department a request for that release, of a manufactured home for any activity occurring before the issuance of the statement of ownership without either the written permission of the owner of record for the manufactured home, their legal representative, or a court order. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. (b) Except as otherwise provided by this chapter, a person may not sell or exchange, or offer to sell or exchange, two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a retailer's license. 1460), Sec. (a) Except as otherwise provided by Subchapter C, the manufactured homeowner consumer claims program shall be reimbursed by the surety on a bond or from other security filed under Subchapter C for the amount of a claim that is paid out under the manufactured homeowner consumer claims program by the director to a consumer in accordance with this subchapter. 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. (a) The department shall require that an applicant for a license or renewal of an unexpired license submit a complete and legible set of fingerprints, on a form prescribed by the board, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. 8, eff. 863 (H.B. (a) A new bond is not required for a change in: (1) ownership of a licensee or a business entity under which a license holder conducts business; or. 1201.2075. 15, eff. 2238), Sec. 863 (H.B. 52, eff. The appellant shall be provided at least three days' notice of the time and place of the hearing. How do I get a replacement title for a mobile home in Texas? 408 (H.B. (a) A manufactured home is treated as real property only if: (1) the owner of the home has elected to treat the home as real property as provided by Section 1201.2055; and. CONSUMER WAIVER VOID. June 1, 2003. (d) If the seller is required to possess a license by this chapter, a broker may assist in the sale of a manufactured home only if that seller has a current license. Section 5301 et seq.) Acts 2017, 85th Leg., R.S., Ch. 1201.256. You may check that division's records through its website or contact that division to learn any recorded tax liens. 2019), Sec. 408 (H.B. 1421, Sec. 3613), Sec. DEFINITIONS. January 1, 2008. 85(2), eff. (a) Notwithstanding any other provision of this chapter, a state or national bank, state or federal savings and loan association, federal savings bank, or state or federal credit union engaged in the business of selling or exchanging, or offering for sale or exchange, manufactured homes that the institution has acquired through repossession of collateral is not required to attend a course of instruction or file a bond or other security to be licensed as a retailer. Beginning September 1, 2003, a document of title is considered to be a statement of ownership and may be exchanged for a statement of ownership as provided by Section 1201.214. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. (d) A person may not sell, convey, or otherwise transfer to a consumer in this state a manufactured home that is salvaged. 1460), Sec. (b) If the director determines that an order was incorrect regarding a warranty obligation, the director shall issue a final order stating the correct warranty obligation and the right of the manufacturer, retailer, or installer to indemnification from one of the other parties. 2, eff. 4, eff. 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. January 1, 2008. January 1, 2008. 408 (H.B. 1460), Sec. 408 (H.B. Sec. (b) The deposit may be retained only if: (1) the consumer specially orders from the manufacturer a manufactured home that is not in the retailer's inventory; (2) the home conforms to the specifications of the special order and any representations made to the consumer; (3) the consumer fails or refuses to accept delivery and installation of the home by the retailer; and. Acts 2005, 79th Leg., Ch. January 1, 2008. September 1, 2017. 1201.452. The Texas SOL application will help transfer the home from the current seller to the new buyer. (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. HABITABILITY. a residence homestead under Section 11.13, the application for exemption required by Section 11.43 must be accompanied by: (1)a copy of the statement of ownership for the manufactured home issued by the manufactured Sec. June 18, 2003. Fill Out The Addendum To Application For Statement Of Ownership - Texas Online And Print It Out For Free. (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. 338, Sec. June 18, 2003. PROCEDURE FOR LICENSE RENEWAL. (3) "Alteration" means the replacement, addition, modification, or removal of equipment in a new manufactured home after sale by a manufacturer to a retailer but before sale and installation by a retailer to a purchaser in a manner that may affect the home's construction, fire safety, occupancy, or plumbing, heating, or electrical system. 408 (H.B. 408 (H.B. Added by Acts 2001, 77th Leg., ch. January 1, 2008. Box 12489, Austin, Texas 78711. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. 863 (H.B. (h) A licensee may not participate in the sale, exchange, or installation for use as a dwelling of a manufactured home that is salvage and that has not been repaired in accordance with this chapter and the department's rules. 408 (H.B. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange or negotiate for the sale or exchange of a used manufactured home to a consumer unless the appropriate seal or label is attached to the home. Sec. 1460), Sec. ACTING WITHOUT LICENSE; CRIMINAL PENALTY. IAdminfootr01a_01_01o = new Image(52, 28);IAdminfootr01a_01_01o.src = '/images/home_nav_over.gif'; Added by Acts 2017, 85th Leg., R.S., Ch. 1421, Sec. (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. 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. Acts 2007, 80th Leg., R.S., Ch. CORRECTIVE ACTION REQUIRED. 863 (H.B. 1460), Sec. TDHCA Forms. Sec. TPWD Nondiscrimination Statement Texas Parks & Wildlife Department January 1, 2008. Texas Parks and Wildlife. (3) "First retail sale" means a consumer's initial acquisition of a new manufactured home from a retailer by purchase or exchange. Sec. 2019), Sec. September 1, 2017. By contrast, about a third of site-built homeowners earn . (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. 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). 1284 (H.B. 73(a)(5), eff. 46 (H.B. The Manufactured Housing Division (MHD) of the Texas Department of Housing and Community Affairs administers the Texas Manufactured Housing Standards Act. Statement From Tax Assessor-Collector from the local tax collector's office is needed. 2438), Sec. 85(8), eff. January 1, 2008. (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 2005, 79th Leg., Ch. The instruction under this subsection is in addition to the instruction required under Subsection (a). (2) provide contractually in the sales transaction that the identified bond applies to the sale. is listed on the tax rolls with the real property to which it is attached or listed 1284 (H.B. 4, eff. September 1, 2017. 863 (H.B. License Expiration Date. // function that displays status bar message 863 (H.B. September 1, 2017. When ownership is established, all manufactured homes, house trailers, and mobile homes are issued one certificate of title by the Department of Motor Vehicles (DMV) because they are considered vehicles and not fixed houses. 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. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. 1801 Congress Ave . FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. 2019), Sec. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. } The term does not include educational material or material required by law. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. (b) A lien recorded before March 1, 1982, with the Texas Department of Transportation or a predecessor agency of that department is recorded with the department for the purposes of this chapter. (b) The warranty must conspicuously disclose the requirement that the consumer notify the installer of any claim in writing in accordance with the terms of the warranty. Manufactured housing is habitable only if: (1) there is no defect or deterioration in or damage to the home that creates a dangerous situation; (2) the plumbing, heating, and electrical systems are in safe working order; (A) free from a substantial opening that was not designed; and. 1201.406. A person removing a home is responsible to the real property owner for any damage to the real property resulting from the removal of the home. (b) On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453. 14A.254(b), eff. 338, Sec. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. Acts 2011, 82nd Leg., 1st C.S., Ch. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. 2019), Sec. (a) If a preliminary determination is disputed, the department shall conduct an informal dispute resolution process, including a home inspection if appropriate, to resolve the dispute. The Mobile Homes program is responsible for initial and renewal licensure for mobile home parks and dealers and determining eligibility of park licensing through the annual inspection process.