reglab/housing_qa huggingface dataset:
TX Occ Code § 1201.506 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.506. Credit

Sec. 1201.506.  CREDIT.  (a)  A retailer or broker:(1)  shall comply with Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. Section 1601 et seq.);(2)  may not advertise an interest rate or finance charge that is not expressed as an annual percentage rate; and(3)  shall comply with all applicable provisions of the Finance Code.(b)  A violation of this section does not create a cause of action or claim for damages for a consumer.  The consumer may not recover more than the penalties provided by Subtitles A and B, Title 4, Finance Code, and the Truth in Lending Act (15 U.S.C. Section 1601 et seq.).|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 59, eff. January 1, 2008.|
TX Occ Code § 1201.507 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.507. False or Misleading Information

Sec. 1201.507.  FALSE OR MISLEADING INFORMATION.  (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(2)  submit to a credit underwriter or lending institution information known to be false or misleading.(b)  A salesperson may not submit to a retailer information known to be false or misleading.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.508 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.508. Down Payment

Sec. 1201.508.  DOWN PAYMENT.  (a)  A retailer may not state payment of a down payment in a retail installment sales contract or other credit document unless the retailer has actually received the entire down payment at the time of execution of the document.(b)  If part of the down payment is consideration other than cash, including a loan or trade-in, the retailer must expressly state that fact in the retail installment sales contract or other credit document.(c)  A cash down payment may not be derived in any part from a rebate or other consideration received by, or to be given to, the consumer from the retailer or manufacturer.(d)  The retailer may not require a consumer to make a down payment on the acquisition of a manufactured home from the retailer's inventory until the time the installment contract is executed.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 36, eff. June 18, 2003.|
TX Occ Code § 1201.509 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.509. Prohibited Retention of Deposit

Sec. 1201.509.  PROHIBITED RETENTION OF DEPOSIT.  A retailer, salesperson, or agent of the retailer may not refuse to refund a consumer's deposit except as provided by Section 1201.151.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.510 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.510. Prohibited Installation of Air Conditioning Equipment

Sec. 1201.510.  PROHIBITED INSTALLATION OF AIR CONDITIONING EQUIPMENT.  A retailer or an installer may not contract with a person for the installation of air conditioning equipment in connection with the installation of a manufactured home unless the person is licensed by the state as an air conditioning and refrigeration contractor.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.511 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.511. Prohibited Real Estate Transaction

Sec. 1201.511.  PROHIBITED REAL ESTATE TRANSACTION.  (a)  This section applies to a transaction in which a manufactured home is sold as personal property.(b)  A retailer may not sell, represent for sale, or offer for sale real property in conjunction with the sale of a manufactured home except as authorized by the department consistent with Chapter 1101.(c)  A retailer, broker, or salesperson or a person acting on behalf of a retailer or broker may not receive or accept compensation or consideration of any kind from the seller of the real property or a person acting on the seller's behalf.  No part of the down payment on the purchase of the manufactured home or any fees, points, or other charges or "buy-downs" may be paid from money from the seller of the real property or a person acting on the seller's behalf.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 37, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.260(a), eff. Sept. 1, 2003.|
TX Occ Code § 1201.512 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.512. Prohibited Delivery or Installation of Manufactured Home

Sec. 1201.512.  PROHIBITED DELIVERY OR INSTALLATION OF MANUFACTURED HOME.  (a)  In this section, "homesite" means the land on which the foundation system for a manufactured home is or will be located.(b)  Unless the retailer, broker, or salesperson complies with the requirements of the National Flood Insurance Act of 1968 (42 U.S.C. Section 4001 et seq.), 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(3)  assist the consumer in the delivery or installation of, or in making arrangements for the delivery or installation of, the home to or at a homesite in that area.(c)  Before closing on the acquisition of a new or used manufactured home for use as a permanent dwelling in this state, a consumer seeking to acquire the home must provide to the retailer, broker, or salesperson selling or exchanging the home satisfactory evidence that the home will not be located, in a manner that violates local, state, or federal law, on a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency.  A consumer may satisfy the evidentiary requirement of this subsection by providing the retailer, broker, or salesperson, as applicable, with a copy of any required permit to install a septic tank on the homesite.(d)  The following are exempt from the application of this section:(1)  a manufactured home that on August 31, 2003, was inhabited and located on real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency, if the home will remain on or be relocated to real property zoned as described by this subsection;  and(2)  real property zoned before September 1, 2003, by a local political subdivision for the purpose of developing homesites in a special flood hazard area designated by the director of the Federal Emergency Management Agency.|Added by Acts 2003, 78th Leg., ch. 1016, Sec. 1, eff. June 20, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 68, eff. September 1, 2017.|
TX Occ Code § 1201.513 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter K. Prohibited Practices|Section 1201.513. Disposition of Trade-Ins and Occupancy of Homes Before Closing

Sec. 1201.513.  DISPOSITION OF TRADE-INS AND OCCUPANCY OF HOMES BEFORE CLOSING.  (a)  A retailer may not sell a trade-in manufactured home before the closing of the sale in connection with which the retailer receives the trade-in.(b)  A retailer may not knowingly permit a consumer to occupy a manufactured home that is the subject of a sale or exchange to that consumer before the closing of any required financing unless the consumer is first given a form adopted by the board disclosing that if for any reason the financing does not close, the consumer may be required to vacate the home.|Added by Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 60, eff. January 1, 2008.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 69, eff. September 1, 2017.|
TX Occ Code § 1201.551 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter L. Disciplinary Procedures|Section 1201.551. Denial of License; Disciplinary Action

Sec. 1201.551.  DENIAL OF LICENSE; DISCIPLINARY ACTION.  (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(11)  failed to pay the required fee to obtain or renew a license.(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.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 338, Sec. 38, eff. June 18, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 61, eff. January 1, 2008.Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 70, eff. September 1, 2017.|
TX Occ Code § 1201.552 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter L. Disciplinary Procedures|Section 1201.552. License Revocation, Suspension, or Denial; Hearing

Sec. 1201.552.  LICENSE REVOCATION, SUSPENSION, OR DENIAL; HEARING.  The director may issue an order to revoke, suspend, or deny a new or renewal license.  If, before the 31st day after an order revoking, suspending, or denying a license is issued, the person against whom the order is issued requests a hearing by giving written notice to the director, the director shall set a hearing before the State Office of Administrative Hearings.  If the person does not request a hearing before the 31st day after the date the order is issued, the order becomes final.  Any administrative proceedings relating to the revocation, suspension, or denial of a license under this subsection shall be a contested case under Chapter 2001, Government Code.  The board shall issue an order after receiving a proposal for decision.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 61, eff. January 1, 2008.|
TX Occ Code § 1201.553 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter L. Disciplinary Procedures|Section 1201.553. Judicial Review

Sec. 1201.553.  JUDICIAL REVIEW.  Judicial review of any order, decision, or determination of the board is instituted by filing a petition with a district court in Travis County as provided by Chapter 2001, Government Code.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 61, eff. January 1, 2008.|
TX Occ Code § 1201.554 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter L. Disciplinary Procedures|Section 1201.554. Probation

Sec. 1201.554.  PROBATION.  The department may place on probation a person whose license is suspended.  If a license suspension is probated, the department may require the person to:(1)  report regularly to the department on matters that are the basis of the probation;(2)  limit practice to the areas prescribed by the department;  or(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 2003, 78th Leg., ch. 1276, Sec. 14A.254(b), eff. Sept. 1, 2003.|
TX Occ Code § 1201.601 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.601. Action Against Retailer or Manufacturer: Holder of Debt Instrument

Sec. 1201.601.  ACTION AGAINST RETAILER OR MANUFACTURER:  HOLDER OF DEBT INSTRUMENT.  (a)  If a consumer files a cause of action against a retailer or manufacturer, a claim based on an act of the retailer or manufacturer that the consumer could assert against the holder of the manufactured home debt instrument must be asserted against the holder in the primary suit against the retailer or manufacturer.(b)  A judgment obtained in the primary suit against the retailer or manufacturer is conclusive proof as to the holder of the debt instrument and admissible in an action by the consumer against the holder only if the consumer joins the holder in the primary suit.(c)  The holder of the debt instrument is entitled to full indemnity from the retailer or manufacturer for a claim based on an act or omission of the retailer or manufacturer.(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.  If the balance remaining on the instrument is canceled, the manufactured home shall be returned to the holder.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.602 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.602. Action Against Manufacturer, Installer, or Retailer: Abatement or Bar

Sec. 1201.602.  ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER:  ABATEMENT OR BAR.  (a)  Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if:(1)  a plea in abatement is filed with the court not later than the 45th day after the movant's answer date;  and(2)  the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355.(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(2)  the expiration of a period not to exceed 150 days.(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(2)  perform warranty service.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.603 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.603. Deceptive Trade Practices

Sec. 1201.603.  DECEPTIVE TRADE PRACTICES.  (a)  A person's violation of this chapter or the failure by a manufacturer, installer, or retailer to comply with an implied warranty is a deceptive trade practice actionable under Subchapter E, Chapter 17, Business & Commerce Code.(b)  The venue provisions of Subchapter E, Chapter 17, Business & Commerce Code, apply to a claim under Subsection (a).  The remedies available under Subchapter E, Chapter 17, Business & Commerce Code, are cumulative of the remedies under this chapter.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.604 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.604. Consumer Recovery for Prohibited Retention of Deposit

Sec. 1201.604.  CONSUMER RECOVERY FOR PROHIBITED RETENTION OF DEPOSIT.  In addition to any other remedy, a consumer may recover from a retailer, salesperson, or agent of the retailer who violates Section 1201.151:(1)  three times the amount of the deposit;  and(2)  reasonable attorney's fees.|Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.|
TX Occ Code § 1201.6041 (2021)
2021 Texas Statutes|Occupations Code|Title 7 - Practices and Professions Related to Real Property and Housing|Subtitle C - Regulation of Certain Types of Housing and Buildings|Chapter 1201 - Manufactured Housing|Subchapter M. Enforcement Provisions and Penalties|Section 1201.6041. Direct Consumer Compensation

Sec. 1201.6041.  DIRECT CONSUMER COMPENSATION.  (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:(1)  this chapter;(2)  a rule adopted by the director;(3)  the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401 et seq.);(4)  a rule or regulation of the United States Department of Housing and Urban Development; or(5)  Subchapter E, Chapter 17, Business & Commerce Code.(b)  For purposes of this section, the refund of a consumer's actual damages is determined according to Section 1201.405.(c)  The director shall prepare information for notifying consumers of the director's option to order a direct refund under this section, shall post the information on the department's Internet website, and shall make printed copies available on request.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1079 (H.B. 3361), Sec. 3.15, eff. September 1, 2013.Amended by: Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 71, eff. September 1, 2017.|