Sec. 3, eff. 77, Sec. Acts 2017, 85th Leg., R.S., Ch. 1201.207. September 1, 2009. Description - Texas Statement of Ownership and Location. 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). (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. January 1, 2008. Sec. If feasible, any action required under this chapter may be accomplished by electronic means. September 1, 2011. POWER OF LOCAL GOVERNMENTAL UNIT TO ADOPT DIFFERENT STANDARD. The department shall make an appropriate fee distribution to a local governmental unit that performs an inspection under a contract or other official designation if that unit does not collect a local inspection fee. (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. Acts 2007, 80th Leg., R.S., Ch. HABITABILITY. (4) the name and address of the manufacturer or retailer to whom the consumer is to give notice of a warranty service request. The accrued interest on amounts remitted by the director under this subsection shall be paid at a rate equal to the rate charged on loans to depository institutions by the New York Federal Reserve Bank and shall be paid for the period beginning on the date the assessed penalty is paid to the director and ending on the date the penalty is remitted. ); and. 63, eff. 863 (H.B. January 1, 2008. and. 408 (H.B. Acts 2009, 81st Leg., R.S., Ch. September 1, 2011. January 1, 2008. window.status = msgStr; September 1, 2017. 2019), Sec. SEAL PROPERTY OF DEPARTMENT. (d) Except as approved by the department, a local governmental unit may not require a permit, a fee, a bond, or insurance for the transportation and installation of manufactured housing by a licensed retailer or installer. If you lease a car, don't think you can get out of payments just because you're dead. (a) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without fulfilling the instruction requirements of Section 1201.104(a). P. O. (c) Subsections (a) and (b) do not affect the validity of an otherwise valid deed restriction. 6, eff. Florida's general state sales tax rate is 6% with the following exceptions: Retail sales of new mobile homes - 3% Amusement machine receipts - 4% Rental, lease, or license of commercial real property - 5.5% Electricity - 6.95% Use TaxA bill of sale is a legal document acting as a receipt between the person selling a used car and the person . June 1, 2003. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. (d) If the consumer asserts against the holder of the debt instrument a claim or defense that arises from a claim or defense of the consumer against the retailer, the consumer's relief against the holder arising from claims and defenses of the consumer against the retailer is limited to recovery of an amount not to exceed the total amount paid by the consumer to the holder and to cancellation of the balance remaining on the instrument. 1276, Sec. Sec. 408 (H.B. 1460), Sec. 67, eff. January 1, 2008. (c) A rule takes effect on the 30th day after the date of publication of notice that the rule has been adopted, except that a rule relating to installation standards may not take effect earlier than the 60th day after the date of publication of notice unless the board has determined that an earlier effective date is required to meet an emergency and the standard was adopted under the emergency rulemaking provisions of Chapter 2001, Government Code. (e) A tax lien perfected with the department may be released only by: (1) filing with the department a tax certificate or tax paid receipt in accordance with Section 32.015, Tax Code; (2) filing a request for the release with the department on the form provided by the department; (3) following the department's procedures for electronic tax lien release on the department's Internet website; (4) a tax collector filing a tax lien release with the department as provided by Subsection (f); or. Added by Acts 2001, 77th Leg., ch. 1460), Sec. Acts 2005, 79th Leg., Ch. The consumer protection division of the attorney general's office shall prepare the form of the notice, which must be approved by the director. 2019), Sec. Sec. 408 (H.B. 2, eff. You will need to pay a $55 issuance fee for a new SOL. January 1, 2008. (8) "Secured party" has the meaning assigned by Section 9.102, Business & Commerce Code. Acts 2005, 79th Leg., Ch. 2238), Sec. September 1, 2017. CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT. (C) does not include a recreational vehicle as defined by 24 C.F.R. 2019), Sec. The director may issue an order to revoke, suspend, or deny a new or renewal license. Sec. Research Manufactured Homeownership Records - Before you buy a used manufactured home or submit an application to transfer ownership, please check department records for current ownership information, mortgage liens, and tax liens. September 1, 2017. 1201.212. June 18, 2003. 10, eff. September 1, 2017. 20, 21, eff. June 18, 2003. 863 (H.B. 2, eff. 1079 (H.B. 338, Sec. 24, eff. 2019), Sec. 408 (H.B. Sec. 1284 (H.B. Sec. under Section 11.13 only if: (1)the land is owned by one or more individuals, including the applicant; (2)the applicant occupies the manufactured home as the applicant's principal residence; Since September 2003, Titles and Certificates of Attachment for manufactured homes in Texas have been replaced by the Statement of Ownership and Location (SOL). If a person against whom the order is issued requests a hearing before the 31st day after the date the order is issued, the director shall set and give notice of a hearing. 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. 338, Sec. H. OUSING . Acts 2007, 80th Leg., R.S., Ch. Added by Acts 2001, 77th Leg., ch. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. MANUFACTURER'S CERTIFICATE. 26, eff. Breaking a lease due to disability can also be costly. (i) Notwithstanding the 60-day deadline specified in Subsection (d), if the closing of a mortgage loan to be secured by real property including the manufactured home is held, the loan is funded, and a deed of trust covering the real property and all improvements on the property is recorded and the licensed title company or attorney who closed the loan failed to complete the conversion to real property in accordance with this chapter, the holder or servicer of the loan may apply for a statement of ownership electing real property status, obtain a copy of the statement of ownership, and make the necessary filings and notifications to complete such conversion at any time provided that: (1) the record owner of the home, as reflected on the department's records, has been given at least 60 days' prior written notice at: (A) the location of the home and, if it is different, the mailing address of the owner as specified in the department records; and. Added by Acts 2003, 78th Leg., ch. 2019), Sec. (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. (a) A municipality may prohibit the installation of a mobile home for use as a dwelling in the municipality. 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. (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. 6, eff. Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a "Statement of Ownership.". (2) notify the department and the chief appraiser of the applicable appraisal district that the copy has been filed. 408 (H.B. If the consumer has not accepted the offer within 72 hours after the delivery of the contract, the retailer may withdraw the offer. June 1, 2003. 2, eff. June 18, 2005. (27) "Salvaged manufactured home" means a manufactured home determined to be salvaged under Section 1201.461. 1201.452. 1284 (H.B. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. Each requirement or standard that is adopted, modified, amended, or repealed by the board must state its effective date. 1201.113. Acts 2013, 83rd Leg., R.S., Ch. (2) be of the type, size, and format required by the director. Our new location is: George H.W. 11, eff. June 1, 2003. 1460), Sec. Sec. June 18, 2005. 13, eff. (b) The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. 1460), Sec. 46 (H.B. 12, eff. The fee for a single is $35, doublewide is $70, and triple wide is $105. document.returnValue = false; 1510), Sec. The Delight features a split floor plan with 2 bedrooms and 2 bath, split. 863 (H.B. 77 (H.B. State: Texas. 863 (H.B. Amended by Acts 2003, 78th Leg., ch. September 1, 2009. 408 (H.B. The inspection covers the plumbing, electrical, roof, heating systems, foundation, and other structural features. 15(2), eff. 54, eff. September 1, 2009. September 1, 2017. 3613), Sec. You may check that division's records through its website or contact that division to learn any recorded tax liens. Section 5301 et seq.) 22, eff. September 1, 2009. 338, Sec. (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. The rules must protect a lienholder recorded with the department. 2019), Sec. (b) A retailer may not sell or exchange, or offer to sell or exchange, a new HUD-code manufactured home that was constructed by a manufacturer who was not licensed by the department at the time of construction. (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. Acts 2011, 82nd Leg., R.S., Ch. January 1, 2008. 2.001. If youve ever wondered, do mobile homes hold their value? the answer is a little more complicated than you might initially think. (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. January 1, 2008. CORRECTIVE ACTION REQUIRED. 1201.608. 3361), Sec. FALSE OR MISLEADING INFORMATION. Amended by Acts 2003, 78th Leg., ch. 1201.360. 2, eff. Section 5401 et seq. 811 (H.B. (h) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sec. September 1, 2009. Sec. 77 (H.B. (b-1) As authorized by Section 1201.6041, the director may order a manufacturer, retailer, or installer, as applicable, to pay a refund directly to a consumer as part of an agreed order described by Subsection (b) instead of or in addition to instituting an administrative action under this chapter. 1079 (H.B. (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. (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. 52, eff. January 1, 2008. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. 1201.219. The director may enter into a contract with the United States Department of Housing and Urban Development or its designee to monitor the programs of that department. INSPECTION SEARCH WARRANTS. Acts 2013, 83rd Leg., R.S., Ch. Our office does not update manufactured home titles. 408 (H.B. 1201.056. 4, eff. 2019), Sec. A seal is the property of the department. A family relationship required by this subsection may be a relationship established by adoption. The applicant is required to submit a set of fingerprints only once under this section unless a replacement set is otherwise needed to complete the criminal history check required by this section. Application fees are relatively inexpensive, but the homeowner may incur additional charges depending on their application. SUBCHAPTER M. ENFORCEMENT PROVISIONS AND PENALTIES. January 1, 2008. Married couple will be the only owners and agree that the . 37, eff. 863 (H.B. January 1, 2008. Before June 2003, manufactured homes in the state of Texas carried a Certificate of Title. September 1, 2017. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY. The Texas Department of Motor Vehicles (TxDMV) handles apportioned registrations, lost or destroyed vehicle titles, and oversize/overweight permits. (3) continue or review professional education until the person attains a degree of skill satisfactory to the department in those areas that are the basis of the probation. Added by Acts 2001, 77th Leg., ch. 2019), Sec. 381 Frontage Road Princeton, WV 24739. 408 (H.B. (2) money stated to be a down payment in an executed retail sales contract. September 1, 2017. A retailer may require a deposit on a specially ordered manufactured home. (b) On request, the department shall authorize a local governmental unit in this state to perform an inspection or enforcement activity related to the construction of a foundation system or the erection or installation of manufactured housing at a homesite under a contract or other official designation and rules adopted by the board. September 1, 2017. (c) A manufactured home constructed before September 1, 1997, may be installed in a Wind Zone I or II county without restriction. Section 1026.23. if (document.images) { 408 (H.B. 44, eff. (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. June 1, 2003. 863 (H.B. The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code. (3) the department by rule shall require evidence that the holder or servicer requesting such after-the-fact completion of a real property election has complied with the requirements of this subsection. 1460), Sec. 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. A bond is not required of the director with respect to injunctive relief granted under this subsection. // Website by: Left Hand Design, Manufactured Home and Space Lease Agreement, Notice for Dwelling Located in Floodplain, Notice for Dwelling Located in Area of Flooding Within Last 5 Years, Consumer Consent Notice E-Sign Act & Texas Uniform Electronic Transactions Act, PUC's Rules for Water and Sewer Submetering or Allocation, Water and Wasterwater Submetering Addendum, Water and Wasterwater Allocation Addendum, Lease with an Option to Purchase Addendum, Regulation M: Closed-End/Net Lease Disclosure, 30-Day Notice to Vactate for Nonpayment at a CARES Act Covered Property, 3-Day Notice to Vacate For Other Than Nonpayment, 10-Day Notice to Vacate For Other Than Nonpayment. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. 2438), Sec. Louisiana [pronunciation 1] (French: La Louisiane (); Spanish: Luisiana) is a state in the Deep South and South Central regions of the United States.It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states.Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. 2019), Sec. 1201.361. 2, eff. Sec. (b) The board shall adopt rules for the documenting of the ownership of a manufactured home that has been previously owned in this state or another state. For purposes of this subsection, "refurbish" means any general repairs, improvements, or aesthetic changes to a manufactured home that do not constitute the rebuilding of a salvaged manufactured home. 1510), Sec. 2019), Sec. HABITABILITY: EXCEPTION TO WARRANTY REQUIREMENT. Homestead Exemption for Manufactured Home - last updated April 14, 2021 (b) The state plan described by Subsection (a)(2) must provide for a third-party inspection agency approved by the United States Department of Housing and Urban Development to act as an in-plant inspection agency. 408 (H.B. ADVANCE COPY OF SALES PURCHASE CONTRACT AND DISCLOSURE STATEMENTS; OFFER BY RETAILER. They will need to discharge or pay off lien holders before moving the home or get their written consent for the move. (2) the home is offered as real property. This chapter does not: (1) modify or amend Chapter 1101 or 1102; or. 863 (H.B. IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 2019), Sec. PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT. (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. Sec. Amended by Acts 2003, 78th Leg., ch. (g) The department may request that a tax collector confirm that no tax suit has been timely filed on any manufactured home tax lien more than four years in delinquency. 93-533) and its implementing regulations, a retailer shall deliver to a consumer at least 24 hours before the sales purchase contract is fully executed the contract, with all required information included, signed by the retailer. 863 (H.B. (a) If the manufacturer, retailer, or installer does not provide the consumer with proper warranty service, the consumer may, at any time, request the department to perform a consumer complaint home inspection. 2019), Sec. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. 408 (H.B. (1) each of the consumer's complaints; and. September 1, 2017. When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. September 1, 2017. 408 (H.B. (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. 2019), Sec. September 1, 2017. (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). 2438), Sec. MANUFACTURED HOUSING. P.O. 1801 Congress Ave . 2238), Sec. 24, eff. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . January 1, 2008. June 18, 2003. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. 1201.1031. 1460), Sec. Acts 2017, 85th Leg., R.S., Ch. Except as provided for by Subsection (b), the consumer may accept the offer not earlier than 24 hours after the delivery of the contract. 2019), Sec. Added by Acts 2003, 78th Leg., ch. September 1, 2017. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. FAILURE TO SHOW GOOD CAUSE; HEARING RESULTS. texas department of housing and community affairs: chapter 80: manufactured housing: subchapters. (c-1) An individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of an entity that is licensed as a retailer or broker may act on behalf of that license holder in the capacity of a retailer, broker, or salesperson without holding the appropriate license if at least one individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of the entity has satisfied the requirements of Sections 1201.104 and 1201.113. 2, eff. 24, eff. (a) or the appraisal district determines the applicant's ownership under Subsection (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. 25, eff. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. Amended by Acts 2003, 78th Leg., ch. SECURITY REQUIRED. is listed on the tax rolls with the real property to which it is attached or listed (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. Failure by the retailer to comply with the disclosure provisions of this section does not affect the validity of a subsequent conveyance or transfer of title of a manufactured home or otherwise impair a title or lien position of a person other than the retailer. 1201.1025. 48, eff. 1460), Sec. 408 (H.B. (c) Notwithstanding any other provision of this section or any other law, the filing of a lien security agreement on the inventory of a retailer does not prevent a buyer in the ordinary course of business, as defined by Section 1.201, Business & Commerce Code, from acquiring good and marketable title free of that lien, and the department may not consider that lien for the purpose of title issuance. June 18, 2003. 71, eff. AMOUNT OF FEES. (3) a detailed statement of the reasons for the department's delay in issuing Form 8609 in the time required by . Added by Acts 2003, 78th Leg., ch. 77 (H.B. (g) If, after judicial review, the penalty is reduced or not assessed, the director shall remit to the person charged the appropriate amount, plus accrued interest if the penalty has been paid, or shall execute a release of the bond if a supersedeas bond has been posted. (2) except as provided by Section 1201.2055(h), the home is no longer a manufactured home for purposes of regulation under this chapter or of recordation of liens, including tax liens. The bill of sale for a manufactured home proves the legal sale and purchase of your home between the buyer and retailer. If homeowners wish to return their manufactured home from real property back to personal property, they can do so by applying for a new Statement of Ownership. September 1, 2017. Amended by Acts 2003, 78th Leg., ch. 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 3361), Sec. A licensed salesperson may work only for the salesperson's sponsoring retailer or broker. 863 (H.B. (f) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) actual damages to reimburse an affiliate or related person of a licensee, except when the director issues an order under Sections 1201.358(b) and (c); (2) actual damages to correct matters that are solely cosmetic in nature; (4) actual damages to address other matters, unless the matters involve: (B) a failure to return or apply as agreed money received from a consumer or money for which the consumer was obligated; (C) the breach of an agreement to provide goods or services necessary to the safe and habitable use of a manufactured home such as steps, air conditioning, access to utilities, or access to sewage and wastewater treatment; or. PROCEDURE FOR ADOPTING RULES. 2019), Sec. (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. Fill Out The Application For Statement Of Ownership - Texas Online And Print It Out For Free. (9) "Security agreement" has the meaning assigned by Section 9.102, Business & Commerce Code.
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