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1284 (H.B. (a) The manufacturer's and retailer's warranties do not apply to any defect or damage caused by moving a new HUD-code manufactured home from the initial installation site. 1201.051. September 1, 2017. FAILURE TO PROVIDE WARRANTY SERVICE. (6) a tax lien was filed and recorded under Section 1201.219 and the lien has not been extinguished. 4, eff. 408 (H.B. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; 1201.162. INSPECTION, REVIEW, AND RELATED FEES. (b) The director may suspend or revoke a license if, after receiving notice of a claim, the license holder or the license holder's surety fails or refuses to pay a final claim paid under the manufactured homeowner consumer claims program for which demand for reimbursement was made. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. 2019), Sec. 1201.2055. 863, Sec. Acts 2011, 82nd Leg., R.S., Ch. (c) The department shall perform a consumer complaint home inspection not later than the 30th day after the date of receipt of a request for the inspection. 11, eff. Sec. Sec. June 18, 2005. 2, eff. (11) failed to pay the required fee to obtain or renew a license. 811 (H.B. January 1, 2008. (f) If a person licensed under this chapter fails to pay an administrative penalty that has become final or fails to comply with an order of the director that has become final, in addition to any other remedy provided by law, the director, after not less than 10 days' notice to the person, may without a prior hearing suspend the person's license. Acts 2005, 79th Leg., Ch. (c) The purchaser or transferee may not occupy or allow occupation of the home as a dwelling until the completion of any repair necessary to make the home habitable. Amended by Acts 2003, 78th Leg., ch. A retailer or broker may not employ or otherwise use the services of a salesperson who is not licensed. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. Category: Texas Real Estate - Manufactured Homes. The form must require the disclosure of the original dollar amount of the tax lien and the name and address of the person in whose name the manufactured home is listed on the tax roll. 17, eff. Sec. Any fees must be paid through certified funds, cashiers check, or money order made payable to TDHCA/MHD. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. Sec. 1201.006. 1284 (H.B. 38, eff. (e) A real property election for a manufactured home is not considered to be perfected until a copy of the statement of ownership has been filed and the department and the chief appraiser of the applicable appraisal district have been notified of the filing as provided by Subsection (d). IAdminfootr01a_01_02o = new Image(137, 28);IAdminfootr01a_01_02o.src = '/images/txreg_nav_over.gif'; Acts 2013, 83rd Leg., R.S., Ch. INSPECTION BY LOCAL GOVERNMENTAL UNITS. The Forms Professionals Trust! 2238), Sec. (a) Except as provided by Subsection (b), a manufactured home is personal property. Added by Acts 2019, 86th Leg., R.S., Ch. MHD FORM 1023 / Statement of Ownership Appl.doc Page 1 of 2 Rev. Following the meeting, the director shall either resolve the matter by agreed order, dismiss the matter if no violation is found to have occurred, or institute an administrative action, which may include license suspension or revocation, the assessment of administrative penalties, or a combination of such actions. 38, eff. (e) Ownership of a manufactured home does not pass or vest at a sale or transfer of the home until a completed application for the issuance of a statement of ownership is filed with the department. Sec. (a-3) An applicant for an installer's license must complete four hours of specialized instruction relevant to the installation of manufactured homes. A violation of this subsection is a Class B misdemeanor. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (2) the home and all appliances and equipment included in the home are free from defects in materials or workmanship except for cosmetic defects. Amended by Acts 2003, 78th Leg., ch. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. 1460), Sec. 1460), Sec. Bush State Office Building. 2019), Sec. September 1, 2011. (4) the consumer was given conspicuous written notice of the requirements for retaining the deposit. Sept. 1, 2003. document.returnValue = true; If you own a manufactured home and rent a space in a mobile home park or from another landowner, you should be receiving a separate tax bill for your manufactured home. Sec. 77 (H.B. The fee for a single is $35, doublewide is $70, and triple wide is $105. 1201.401. is listed on the tax rolls with the real property to which it is attached or listed FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Based on the findings of fact, conclusions of law, and recommendations of the hearings officer, the board by order may find that a violation has occurred or has not occurred. (b) Repealed by Acts 2005, 79th Leg., Ch. Sec. (b) An action by the director under Subsection (a) is a contested case under Chapter 2001, Government Code. September 1, 2013. Acts 2007, 80th Leg., R.S., Ch. (2) the identification number of the home. Acts 2017, 85th Leg., R.S., Ch. Sec. 2019), Sec. 408 (H.B. 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. Copyright 2023, Thomson Reuters. June 18, 2005. (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. Manufactured Housing Division 2, eff. 1201.115. (a) The department may not issue a statement of ownership for a manufactured home that is being converted from real property to personal property until the department has inspected the home and determined that it is habitable and: (1) each lien, including a tax lien, on the home is released by the lienholder; or. (2) giving the manufacturer, retailer, or installer performing the obligation the right of indemnification against another party. 1201.611. 2, eff. ), 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. When you conduct a title search, you will need to provide the complete serial number, Texas Seal number or HUD label for the mobile home, the address of the property, and the first and last name of the current or legal owner. (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. 2438), Sec. (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. 1201.1521. (b) The department shall make the report required by this section available to the public on the department's Internet website in a searchable and downloadable format. Sec. The department shall provide to the public through the department's Internet website searchable and downloadable information regarding manufactured home ownership records, lien records, installation records, license holder records, and enforcement actions. There is no additional fee for the release of . 408 (H.B. Venue for the suit is in Travis County. 3361), Sec. 408 (H.B. Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract. Added by Acts 2001, 77th Leg., ch. Acts 2017, 85th Leg., R.S., Ch. BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . Acts 2017, 85th Leg., R.S., Ch. January 1, 2008. (b) The department shall adopt rules for the application for and automatic issuance of a statement of ownership of a manufactured home described by Subsection (a). contract or agreement; and. APPLICATION OF WARRANTIES IF HUD-CODE MANUFACTURED HOME MOVED. SALESPERSON. (g) The board by rule may place reasonable limits on the costs that may be approved for payment under the manufactured homeowner consumer claims program, including the costs of reassigned warranty work, and require consumers making claims that may be subject to reimbursement under the manufactured homeowner consumer claims program to provide estimates establishing that the cost will be reasonable. Sec. 1201.358. (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. To find out about the amount of any unpaid tax liabilities, contact the tax office for the county where the home was actually located on January 1st of that year. PROHIBITED REAL ESTATE TRANSACTION. Acts 2011, 82nd Leg., 1st C.S., Ch. 1460), Sec. Site Search: Manufactured Housing Report Options. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. 85(4), eff. 33, eff. 381 Frontage Road Princeton, WV 24739. (2) payment of any use tax owed to the state. This subsection does not apply to the release of a tax lien perfected with the department. 1201.455. 1276, Sec. Acts 2005, 79th Leg., Ch. 1201.151.