(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. September 28, 2011. 1), Sec. 1460), 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. 35, eff. LIMITATIONS ON CLAIMS. 863 (H.B. Acts 2017, 85th Leg., R.S., Ch. 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. A salvaged manufactured home may be sold only to a licensed retailer. Added by Acts 2001, 77th Leg., ch. (a) The director may deny, permanently revoke, or suspend for a definite period and specified sales location or geographic area a license if the director determines that the applicant or license holder: (1) knowingly and wilfully violated this chapter or a rule adopted or order issued under this chapter; (2) unlawfully retained or converted money, property, or any other thing of value from a consumer in the form of a down payment, sales or use tax, deposit, or insurance premium; (3) failed repeatedly to file with the department a completed application for a statement of ownership before the 61st day after the date of the sale of a manufactured home as required by Section 1201.206 or the date of the installation, whichever occurred later; (4) failed to give or breached a manufactured home warranty required by this chapter or by the Federal Trade Commission; (5) engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code; (6) failed to provide or file a report required by the department for the administration or enforcement of this chapter; (7) provided false information on an application, report, or other document filed with the department; (8) acquired a criminal record during the five-year period preceding the application date that, in the opinion of the director, makes the applicant unfit for licensing; (9) failed to file a bond or other security for each location as required by Subchapter C; (10) has had another license issued by this state revoked or suspended; or. Sept. 1, 2003. Sec. 1, eff. 408 (H.B. Sec. (a-1) If the sale or exchange of a used manufactured home is for the purchaser's nonresidential use other than a business use, the home is not required to be habitable. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. During the period of suspension, the person may not perform any act requiring a license under this chapter, and all compensation received by the person during the period of suspension is subject to forfeiture to the person from whom it was received. DENIAL OF LICENSE; DISCIPLINARY ACTION. 51. Sec. Acts 2007, 80th Leg., R.S., Ch. During this period the department will post on its Internet website a notice as to when it is anticipated that processing statements of ownership will resume and when it is anticipated that such processing will be within the 15-working-day time frame provided by Subsection (a). Login ID. 1421, Sec. housing division of the Texas Department of Housing and Community Affairs under Section 1201.207, Occupations Code, showing that the individual applying for the exemption is the owner of the manufactured 338, Sec. 3.14, eff. REFUNDS. 56, eff. An applicant is not required to submit an accompanying document described by Subsection Acts 2009, 81st Leg., R.S., Ch. Jan. 1, 2004. 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. The consumer shall continue to have the right of rescission with regard to the retailer until the end of the third day after the retailer delivers a copy of the disclosure required by Subsection (a). Acts 2017, 85th Leg., R.S., Ch. (b) The director may request or issue subpoenas for a licensee's records. The board shall adopt rules providing for additional review and scrutiny of any application for an initial or renewal license that involves a person who has previously: (1) been found in a final order to have participated in one or more violations of this chapter that served as grounds for the suspension or revocation of a license; (2) been found to have engaged in activity subject to this chapter without possessing the required license; (3) caused the manufactured homeowner consumer claims program to incur unreimbursed payments or claims; or. (b) The manufacturer's warranty is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of an already installed new home, whichever is later. Amended by Acts 2003, 78th Leg., ch. 408 (H.B. Sort By. September 1, 2013. 2238), Sec. (e) If the person charged does not pay the penalty and does not pursue judicial review, the department or the attorney general may bring an action for the collection of the penalty. 408 (H.B. INSPECTION SEARCH WARRANTS. 408 (H.B. 1421, Sec. The application must include all the following documents as a part of this form. DEPOSIT ON SPECIALLY ORDERED MANUFACTURED HOMES. The fee for a single is $35, doublewide is $70, and triple wide is $105. (e) A person may not repair, rebuild, or otherwise refurbish a salvaged manufactured home unless the person complies with the rules of the director relating to rebuilding a salvaged manufactured home. 49, eff. Acts 2007, 80th Leg., R.S., Ch. ANY SUCH APPLICATION THAT IS SUBMITTED LATE MAY BE DELAYED UNTIL THE FEE IS PAID IN FULL.". "; (8) a statement that if two or more eligible persons, as determined by Section 1201.213, file with the application for the issuance of a statement of ownership an agreement signed by all the persons providing that the home is to be held jointly with a right of survivorship, the director shall issue the statement of ownership in all the names; (10) a statement of whether the owner has elected to treat the home as real property; (11) statements of whether the home is a salvaged manufactured home and whether the home is reserved for business use only or for another nonresidential use; and. September 1, 2017. September 1, 2013. 7, eff. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2013. 11, eff. 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. Added by Acts 2001, 77th Leg., ch. 338, Sec. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. January 1, 2008. September 1, 2017. (2) notify the department and the chief appraiser of the applicable appraisal district that the copy has been filed. Acts 2013, 83rd Leg., R.S., Ch. 863 (H.B. 18, eff. Acts 2017, 85th Leg., R.S., Ch. (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. January 1, 2008. 1284 (H.B. There is no additional fee for the release of . January 1, 2008. 3, eff. 1201.505. 23, eff. 1460), Sec. September 1, 2017. 1201.155. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. 44, eff. 1201.209. 1201.151. 3361), Sec. Sec. 1201.303. 2438), Sec. 14A.256(a), eff. 408 (H.B. (d) Repealed by Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 2019), Sec. Added by Acts 2001, 77th Leg., ch. The rules must protect a lienholder recorded with the department. 863 (H.B. June 18, 2005. January 1, 2008. 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. PDF APPLICATION FOR STATEMENT OF OWNERSHIP AND LOCATION - The Portal to 22, eff. 1201.362. Sec. A location at which a manufactured home is shown to the public or at which the home is offered for sale or exchange by a retailer to consumers requires a bond. September 1, 2017. The department shall disclose on its Internet website the date of each tax lien filing, the original amount of the tax lien claimed by each filing, and the fact that the amount shown does not include additional sums, including interest, penalties, and attorney's fees. Sec. 2019), Sec. Retail Manufactured Housing Inventory Tax Statement Form 50-268 CONFIDENTIAL. Acts 2007, 80th Leg., R.S., Ch. 1284 (H.B. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. Acts 2017, 85th Leg., R.S., Ch. 2438), Sec. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien. (a) Except as provided by Subsection (a-1), for a manufactured home to qualify as 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 housing division of the Texas . MM/DD/YYYY. Amended by Acts 2003, 78th Leg., ch. (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. 1201.062. 38, eff. Attach the mobile home statement of ownership and location or sales contract. STATE INSPECTORS. Acts 2007, 80th Leg., R.S., Ch. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. APPLICATION OF CHAPTER TO CERTAIN CERTIFICATES OF TITLE OR LIENS. 51, eff. 1814), Sec. Amended by Acts 2003, 78th Leg., ch. January 1, 2008. 60, eff. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. 73(a)(3), eff. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. September 1, 2009. An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. SALVAGED MANUFACTURED HOME; CRIMINAL PENALTY. function dm(msgStr) { Sec. 408 (H.B. (f) On request by any person, a tax collector shall file a tax lien release with the department if the four-year statute of limitations to file a suit for collection of personal property taxes in Section 33.05(a)(1), Tax Code, has expired. 77 (H.B. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. 408 (H.B. (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. Section 5401 et seq. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. Manufactured homes that are declared as personal property are taxed separately from the land. 2, eff. 3.10, eff. 2, eff. The reasonableness of the insurer's judgment that the cost of repairing the home would exceed the full insured value of the home does not affect whether the home is salvaged. 14, eff. 6, eff. (d) While an investigation is pending, information obtained by the department in connection with that investigation is confidential unless disclosure of the information is specifically permitted or required by other law. 1201.216. In order to be enforced, any such lien must be recorded with the Texas Department of Housing and Community Affairs - Manufactured Housing Division as provided by law. ); and. if (showMsg) { Sec. 1201.005. Acts 2013, 83rd Leg., R.S., Ch. 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. Built from galvanized steel and placed in front of a 1/8" safety glass door, this combo door for mobile homes has the . 1201.001. Recording Ownership/Titling: Ownership and Location Forms, SOL Application, Consumer Brochures, Affidavits, Notice of Intent to Acquire an Abandoned Home, etc. (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). Once the agency deems the application complete, it issues the Statement of Ownership. (2) the home is offered as real property. (d) The department may enter into an agreement with the Department of Public Safety to administer a criminal history check required under this section. (b) The department may make a payment under the manufactured homeowner consumer claims program only after all other departmental operating expenses are sufficiently funded. You are accessing a Texas Department of Housing and Community Affairs information system. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. 2438), Sec. 25, eff. Sell Lease . REPORT AND ORDER; AMENDMENT; COMPLIANCE. (a-1) All required records of a licensee under Subsection (a) are to be maintained at the licensee's principal office or such other location within this state as the licensee may designate. 863 (H.B. January 1, 2008. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (c) Not later than the 60th day after the date of each subsequent sale or transfer of a home that is considered to be personal property, the seller or transferor shall provide to the department a completed application for the issuance of a new statement of ownership. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. Cite this article: FindLaw.com - Texas Tax Code - TAX 11.432. Homeowners must also notify their county tax assessor of this change in order to alter how the home's property taxes will be assessed. 2019), Sec. 863 (H.B. Sec. // The java used for navigation in the Public OM page (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. If you can't find the home you are looking for, try looking in our archived records. (d) A tax lien on a manufactured home not held in a retailer's inventory is perfected only by filing with the department the notice of the tax lien on a form provided by the department in accordance with the requirements of Chapter 32, Tax Code. 85(5), eff. June 18, 2003. 1201.604. Mobile Home Titles in Texas - MobileHomeHQ.com 1460), Sec. 1460), Sec. September 1, 2011. 338, Sec. 74.06, eff. 1201.219. (b) In addition to the fees imposed under Subsections (a)(2), (3), and (4), a manufacturer or a person making an alteration, as appropriate, shall be charged for the actual cost of travel of a department representative to and from: (1) the manufacturing facility, for an inspection described by Subsection (a)(2); or. 66, eff. 1201.1031. (b) An owner or lienholder may provide to the department a document of title or certificate of attachment and any additional information required by the department and request that the department issue a statement of ownership to replace the document of title or certificate of attachment. } SUBCHAPTER I. (6) "Broker" means a person engaged by one or more other persons to negotiate or offer to negotiate a bargain or contract for the sale or exchange of a manufactured home for which a certificate or other document of title has been issued and is outstanding. } 338, Sec. (B) the sale or lease occurs in a single real estate transaction. 13, eff. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. September 1, 2009. A. (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. 2019), Sec. 338, Sec. June 1, 2003. Today, the Statement of Ownership confirms the manufactured home's ownership and any liens. The TDHCA reviews the application upon receipt and if it finds the evidence presented to be insufficient, it will notify the applicant and send a Request for Additional Information (RAI). The department shall make available to the public on the department's Internet website in a searchable and downloadable format all ownership and lienholder information contained on the statement of ownership. 1460), Sec. Texas Manufactured Housing Association, Inc., to Nancy Fuller . Acts 2007, 80th Leg., R.S., Ch. 338, Sec. Added by Acts 2003, 78th Leg., ch. 1201.054. Sec. (22) "Person" means an individual or a partnership, company, corporation, association, or other group, however organized. 1201.254. September 1, 2017. Any certified copies of a Statement of Ownership are free upon request. 1421, Sec. Breaking a lease due to disability can also be costly. (b) The abatement continues until the earlier of: (1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or. 1421, Sec. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission. Once all of the documents are signed, the buyer will need to register their new home with the DMV. A civil action filed under this subsection shall be filed in district court in Travis County. Acts 2017, 85th Leg., R.S., Ch. (6) a tax lien was filed and recorded under Section 1201.219 and the lien has not been extinguished. 16, eff. Austin Police Department turns to AI as staffing crisis looms (a) For all installations, the installer shall give the manufactured home owner a written warranty that the installation of the home was performed in accordance with all department standards, rules, orders, and requirements. Sec. (b) For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer. 71, eff. 408 (H.B. (a-1)An appraisal district may rely upon the computer records of the Texas Department Applications for Statement of Ownership and all associated paperwork must be submitted to the Texas Department of Housing and Community Affairs (TDHCA) to complete ownership transfer. (g) An order of suspension under Subsection (f) may be appealed. In an announcement on Thursday . A licensed salesperson may not participate in a sale of a manufactured home unless the sale is through the retailer or broker who sponsored the salesperson's application as required by Section 1201.103(d). TMHA | TDHCA Info 1201.351. (2) the construction of HUD-code manufactured homes in compliance with the federal standards and requirements established under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (29) "Standards code" means the Texas Manufactured Housing Standards Code. 1079 (H.B. 14A.254(a), eff. 14A.254(b), eff. (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. 338, Sec. Acts 2007, 80th Leg., R.S., Ch. 2238), Sec. (11) "Director" means the executive director of the manufactured housing division of the Texas Department of Housing and Community Affairs. Sec. (a) If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to: (1) the seller and purchaser or transferor and transferee, as applicable; and. 408 (H.B. 52, eff. 19, eff. Yankee Remodeler (Local contractor) - they wanted to replace both the exterior AND interior doors. If an owner of a mobile home chooses to change its use from a business to a residential property, they need to reapply and indicate the change in use. 22, eff.
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