Added by Acts 2001, 77th Leg., ch. 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. APPLICABILITY OF BUSINESS & COMMERCE CODE. Texas has seen a steady increase in mobile, or manufactured, home numbers throughout the state. 44, eff. 6, eff. 17, eff. September 1, 2013. (c) At the time the manufacturer delivers the home to the retailer, the manufacturer shall also deliver to the retailer: (2) the warranties given by the manufacturers of appliances or equipment installed in the home. ADMINISTRATION AND ENFORCEMENT OF CHAPTER. Enter the number of acres used for residential purposes. (h) The provisions of this chapter relating to the construction or installation of a manufactured home or to warranties for a manufactured home apply to a home regardless of whether the home is considered to be real or personal property. 2019), Sec. 69, eff. 2019), Sec. June 18, 2003. TITLE 7. 44, eff. 2019), Sec. 1201.609. (C)the applicant could not locate the seller after making a good faith effort. regardless of whether the applicant has elected to treat the manufactured home as 1201.608. (a) if the appraisal district verifies the applicant's ownership under this subsection. (c) The board shall establish a fee for the inspection of the installation of a mobile or HUD-code manufactured home, to be paid by the installer of the home. Contact us at: Manufactured Homes DepartmentHarris County Tax OfficeP.O. "Standards code" means the Texas Manufactured Housing Standards Code. Acts 2017, 85th Leg., R.S., Ch. 1460), Sec. (a) Application Requirements. 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. June 18, 2005. Texas quit using paper titles to prove ownership of mobile homes in 2003, replacing it with electronic SOLs. 1460), Sec. Obtain a expertly-drafted, state-specific template within minutes. A license may be renewed as provided by the director. 1421, Sec. ), the board shall establish fees as follows: (1) if the department acts as a design approval primary inspection agency, a schedule of fees for the review of HUD-code manufactured home blueprints and supporting information, to be paid by the manufacturer seeking approval of the blueprints and supporting information; (2) except as provided by Subsection (e), a fee for the inspection of each HUD-code manufactured home manufactured or assembled in this state, to be paid by the manufacturer of the home; (3) a fee for the inspection of an alteration made to the structure or plumbing, heating, or electrical system of a HUD-code manufactured home, to be charged on an hourly basis and to be paid by the person making the alteration; (4) a fee for the inspection of the rebuilding of a salvaged manufactured home, to be paid by the retailer; (5) a fee for the inspection of a used manufactured home to determine whether the home is habitable for the issuance of a new statement of ownership; and. 1, eff. 3, eff. (7) "Manufacturer's certificate" means a document that meets the requirements prescribed by Section 1201.204. DEFINITIONS. (h) Repealed by Acts 2017, 85th Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. (a) An applicant for a license as a manufacturer, retailer, broker, or installer must file with the director a license application containing: (1) the legal name, address, and telephone number of the applicant and each person who will be a related person at the time the requested license is issued; (2) all trade names, and the names of all other business organizations, under which the applicant does business subject to this chapter, the name of each such business organization registered with the secretary of state, and the address of such business organization; (3) the dates on which the applicant became the owner and operator of the business; and. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. Can I Use a Bill of Sale for a Texas Trailer Title? (f-1) A retailer may not be licensed to operate more than one location under a single license. 5, eff. 1421, Sec. If the consumer grants a person other than the retailer a lien on the manufactured home, the right of rescission shall immediately cease on the filing of the lien with the department. 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. It was the latest slap after ice storms last week left more than 600,000 homes and businesses without power 1421, Sec. The director shall publish notice and conduct a public hearing before: (1) adopting a standard or requirement authorized by this subchapter; (2) amending a standard authorized by this subchapter; or. 2238), Sec. 1201.207. 1421, Sec. 1079 (H.B. 1460), Sec. H. OUSING . (a) The payment of actual damages is limited to the lesser of: (1) the amount of actual, reasonable costs, not including attorney's fees, that the consumer has incurred or will incur to resolve the act or omission found to be a violation under Section 1201.404; or. 1510), Sec. 16, eff. The purchaser of the home shall file with the department an application for the issuance of a statement of ownership indicating that the home is for a nonresidential use other than a business use. Acts 2005, 79th Leg., Ch. September 1, 2017. 8(1), eff. 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. 2, eff. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. Sec. (a-2) An applicant for a retailer's license must complete four hours of specialized instruction relevant to the sale and exchange of manufactured homes. (b) Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind and the deadlines for disclosures that are provided by Subsection (a) if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. June 1, 2003. 408 (H.B. Section 5301 et seq.) (a) The board shall adopt rules relating to the administrative sanctions that may be enforced against a person regulated by the department. Acts 2017, 85th Leg., R.S., Ch. 1510), Sec. 1460), Sec. Sec. January 1, 2008. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. Fill Out The Application For Statement Of Ownership - Texas Online And Print It Out For Free. (b) A retailer may not charge to the consumer any fees or expenses other than the real property appraisal and title work expenses disclosed to the consumer under Subsection (a)(3). Breaking a lease due to disability can also be costly. (c) The bond or other security is open to successive claims up to the face value of the bond or other security. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. 863 (H.B. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. Shop the Trumh mobile homes and manufactured homes from Mobile Home Corpus Christi, one of the best sellers for TRU manufactured homes. (f) An applicant for an initial installer's license shall receive a license on a provisional basis. Acts 2011, 82nd Leg., 1st C.S., Ch. Acts 2007, 80th Leg., R.S., Ch. (2) no additional issuance of a statement of ownership is required with respect to the manufactured home, unless: (A) the home is moved from the location specified on the statement of ownership; (B) the real property election is changed; or. (g) A county or other unit of local government that identifies a manufactured home within its jurisdiction that has been declared salvage may impose on that home such inspection, correction, and other requirements as it could apply if the home were not a manufactured home. DIRECT CONSUMER COMPENSATION. (v) in the traveling mode, at least eight body feet in width or at least 40 body feet in length or, when erected on site, at least 320 square feet; and. The TDHCA requires a copy of the title commitment or policy. 46, Sec. 338, Sec. Sec. The statement required by Section 1201.205(7) is notice to all persons that the tax lien exists. Added by Acts 2019, 86th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. 13, eff. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. 5 reads "Each manufactured home shall bear a data plate affixed in a permanent manner near the main electrical panel or . HABITABILITY. Sell Lease . (c) If a new manufactured home is salvaged, the retailer shall remove the label and surrender the label and the manufacturer's certificate under Section 1201.204 to the director for issuance of a statement of ownership that indicates that the home is salvaged. Added by Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. (b) To ensure the availability of prompt and satisfactory warranty service, a manufacturer that does not have a licensed manufacturing plant or other facility in this state from which warranty service and repairs can be provided shall file a bond or other security in the additional amount of $100,000. September 1, 2011. Before buying a mobile home or transferring ownership in Texas, you want to first check the department records for tax liens, mortgage liens, and current ownership information. If you own a mobile home or are looking to purchase one in Texas, having a certificate of title is critical to have to prove ownership. January 1, 2008. 3361), Sec. (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. 2019), Sec. Sec. COMPLIANCE NOT REQUIRED FOR LIENHOLDER. The term does not include educational material or material required by law. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. 1460), Sec. 408 (H.B. Added by Acts 2003, 78th Leg., ch. 338, Sec. Once perfected, the lien applies to the manufactured homes in the inventory as well as to any proceeds from the sale of those homes. 1421, Sec. Its important to do this research because you may not be able to update the Statement of Ownership (title) until the recorded liens have been released and taxes have been paid through the date of sale. An offense under this section is a Class B misdemeanor. (a) The manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that: (1) the home is constructed or assembled in accordance with all building codes, standards, requirements, and regulations prescribed by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. to the Texas Department of Housing and Community Affairs during an application cycle that is based on the 2024 qualified allocation plan or a subsequent plan . 2019), Sec. 16, eff. (2) a "warehouseman" under Chapter 24, Property Code. APPLICATION OF WARRANTIES IF HUD-CODE MANUFACTURED HOME MOVED. Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** Acts 2007, 80th Leg., R.S., Ch. 1284 (H.B. Sec. 863 (H.B. Issuance of Statements of Ownership. September 1, 2017. ACTION AGAINST RETAILER OR MANUFACTURER: HOLDER OF DEBT INSTRUMENT. 1284, Sec. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . 58, eff. (B) the most economical and efficient means to address those problems and serve the public interest. 338, Sec. 408 (H.B. (9-a) "Credit transaction" has the meaning assigned by Section 347.002(a)(3), Finance Code. If the home is going to be moved, you must contact the Texas Department of Motor Vehicles and obtain the required moving permit, which is also submitted alongside your SOL application. Sec. 18, eff. 408 (H.B. 1201.454. Block 4 describes the ownership information where you can specify whether this transaction is a sale and record the transfer date. (3) the information and the cost required under Section 1201.1031. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. September 1, 2009. January 1, 2008. (a) Notwithstanding any other statute or rule or ordinance, a licensed retailer or licensed installer is not required to obtain a permit, certificate, or license or pay a fee to transport manufactured housing to the place of installation except as required by the Texas Department of Motor Vehicles under Subchapter E, Chapter 623, Transportation Code. D. IVISION. Reviewed by: Michelle Seidel, B.Sc., LL.B./JD, MBA. Sept. 1, 2003. 1460), Sec. In an announcement on Thursday . (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. If the retailer subcontracts this function to a licensed installer, the retailer and installer are jointly and severally responsible for performance of the warranty. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. 2019), Sec. 863, Sec. 408 (H.B. 2019), Sec. If that applicant is applying for a retailer's license, the related person must be a management official who satisfies the requirements of Subsections (a) and (a-2) for each retail location operated by the applicant. 4, eff. 2238), Sec. 1201.401. 1460), Sec. Acts 2011, 82nd Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. 66, eff. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date. Mailing of the notice by certified mail, return receipt requested, postage prepaid, to the persons required to be notified by this subsection constitutes conclusive proof of compliance with this subsection. STANDARDS AND REQUIREMENTS ADOPTED BY BOARD. Questions or comments, please call 1-800-500-7074. 1460), Sec. 48, eff. September 1, 2017. Sec. Acts 2007, 80th Leg., R.S., Ch. September 1, 2017. Acts 2005, 79th Leg., Ch. (c) Not later than the 30th day after the date on which the decision is final, the person charged shall: (2) if the person files a petition for judicial review contesting the fact of the violation, the amount of the penalty, or both the fact of the violation and the amount of the penalty: (A) forward the amount assessed to the department for deposit in an escrow account; (B) in lieu of payment into escrow, post with the department a supersedeas bond for the amount of the penalty, in a form approved by the director and effective until judicial review of the decision is final; or. (c) If the matter being investigated is not resolved by agreement or is disputed by written notice to the director before the 31st day after the date of the preliminary determination, the preliminary determination shall automatically become final and the director shall make demand on the surety or deduct any payable amount of the claim from the licensee's security. if (document.images) {document.images[id].src=eval(name+".src"); } 338, Sec. (k) Notwithstanding any provision in this chapter to the contrary, if a person has acquired a manufactured home and the owner of record or any intervening owners of liens or equitable interests cannot be located to assist in documenting the chain of title, the department may issue a statement of ownership to the person claiming ownership if the person can provide a supporting affidavit describing the chain of title and such reasonable supporting proof as the director may require. (3) is married and provides the department with an affidavit from the signing person's spouse that attests that the signing person's interest in the manufactured home is the signing person's separate property. Acts 2007, 80th Leg., R.S., Ch. June 1, 2003. September 1, 2017. September 1, 2017. June 18, 2003. September 1, 2017. September 1, 2013. (b) The director may request or issue subpoenas for a licensee's records. (b) A salesperson may not submit to a retailer information known to be false or misleading. Fax: 517-241-0130. 499), Sec. (a) A manufacturer may not sell or exchange, or offer to sell or exchange, a manufactured home to a person in this state who is not a licensed retailer. The Louisiana Manufactured Housing Association (LMHA) is a nonprofit trade association formed in 1966 to preserve and promote the manufacutured and modular housing industry in the State of Louisiana. 2019), Sec. 1460), Sec. 1, eff. If required by law or otherwise necessary, the director may obtain an inspection search warrant. January 1, 2008. She holds a B.A. 77, Sec. (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.