An Act To Require Warranty Coverage for Damage to Manufactured Homes during Transportation and Handling
Maine Legislature, Session 129, LD 0875
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: ACKLEY
Amends: 10 MRSA §1404, 10 MRSA §1405

Legislative Document
No. 875
H.P. 649
House of Representatives, February 19, 2019
An Act To Require Warranty Coverage for Damage to 
Manufactured Homes during Transportation and Handling
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ACKLEY of Monmouth.  (BY REQUEST)
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §1404, sub-§1, as amended by PL 2017, c. 210, Pt. A, §2, is 
further amended to read:
1.  Defects.  That the manufactured home is free from any substantial defects in 
materials or workmanship or damage occurring during transportation or handling before 
installation commences;
Sec. 2.  10 MRSA §1404, sub-§2, as amended by PL 2007, c. 402, Pt. B, §1, is 
further amended to read:
2.  Corrective action.  That the manufacturer or dealer or both shall take appropriate 
corrective action at the site of the manufactured home in instances of substantial defects 
in materials or workmanship, and the dealer shall take appropriate corrective action at the 
site of the manufactured home in instances of damage during transportation or handling, 
which that become evident within one year from the date of the delivery of the 
manufactured home to the consumer, provided the consumer or the consumer's transferee 
gives written notice of such defects to the manufacturer or dealer at the manufacturer's or 
dealer's business address not later than one year and 10 days after date of delivery;
Sec. 3.  10 MRSA §1404, sub-§3, as amended by PL 2017, c. 210, Pt. A, §3, is 
further amended to read:
3.  Liability.  That the manufacturer and dealer are jointly and severally liable to the 
consumer for the fulfillment of the terms of warranty except for damage to the 
manufactured home during transportation or handling, and the consumer may notify 
either one or both of the need for appropriate corrective action in instances of substantial 
defects in the approved building systems, materials or workmanship.  The dealer is liable 
to the consumer for any damage to the manufactured home during transportation or 
handling;
Sec. 4.  10 MRSA §1405, as enacted by PL 1973, c. 435, is amended to read:
§1405.  Cumulative remedies; prohibition against waiver; escrow
The warranty under this chapter shall be is in addition to and not in derogation of all 
other rights and privileges which such that a consumer may have has under any other law 
or instrument.  The manufacturer or dealer shall may not require the buyer to waive his 
any rights under this chapter and any such waiver shall be deemed is contrary to public 
policy and shall be, unenforceable and void.  Upon the signing of a purchase contract or 
agreement for manufactured housing, the dealer shall place an amount equal to 10% of 
the purchase price in escrow with a financial institution in the State that may not be 
released to the dealer until both the dealer and consumer execute a release subsequent to 
the installation and a final inspection of the manufactured housing.
SUMMARY
This bill requires that warranties for manufactured homes include covering damage to 
a manufactured home during transportation or handling, for which the dealer is required 
to take corrective action.  This bill also requires a dealer of manufactured housing to 
place an amount equal to 10% of the purchase price in escrow that may not be released to 
the dealer until both the dealer and consumer execute a release subsequent to the 
installation and final inspection of the manufactured housing.