Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 350 - LICENSING - SCOPE OF PRACTICE, OBLIGATIONS OF LICENSEES, PROHIBITED PRACTICES › Appendix 385-350-A to Chapter 350 - Manufactured Housing Board Statutory Warranty 10 M.R.S. Section 1404

Current through 2024-29, July 17, 2024
A statutory warranty is hereby established under which both
				  the manufacturer and the dealer certify that to the best of their knowledge,
				  the new manufactured home is free from any substantial defects in the approved
				  building systems, materials and workmanship. The dealer shall deliver the
				  written warranty to the buyer at the time of sale, and the warranty must
				  contain the following terms:
1.
Defects
: That the manufactured home is free
				  from any substantial defects in materials or workmanship.
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, which become evident within one year from the date of 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
				  ten days after date of delivery.
3.
Liability
: That the manufacturer and dealer
				  are jointly and severally liable to the consumer for the fulfillment of the
				  terms of warranty, 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.
4.
Name, Address and Phone Number of
				  Manufacturer
: That the name, address and phone number of the
				  manufacturer and the dealer where the consumer must mail or deliver written
				  notice of defects to either the dealer or the manufacturer, or both, shall be
				  set forth in the document.
5.
Responsibility
: That, while the manufacturers
				  of any appliances may also issue their own express warranties, the primary
				  responsibility for appropriate corrective action under the warranty rests with
				  the dealer and manufacturer, and the consumer should report all complaints to
				  the dealer and manufacturer initially.
6.
Warranty Supplemental
: That this statutory
				  warranty is in addition to any express warranty provided by the manufacturer or
				  dealer and any warranty created by state or federal law, including the implied
				  warranties of merchantability and fitness for a specific purpose. The
				  Manufactured Housing Board, in consultation with the Department of the Attorney
				  General, shall prepare a written warranty form that contains the terms of
				  subsections
				  1 to 5 and shall ensure that this
				  warranty form is distributed to all dealers and manufacturers doing business in
				  this State.
The Manufactured Housing Board's responsibilities include the
				  enforcement of M.R.S. Title 10, Chapter 951: Manufactured Housing Act, the
				  administration and enforcement of rules, and the investigations of
				  complaints.
If, after contacting both dealer and manufacturer concerning
				  potential defects in your home, these defects remain unresolved, you may
				  contact the Department of Professional and Financial Regulation, Manufactured
				  Housing Board, 35 State House Station, Augusta, ME 04333, Telephone (207)
				  624-8612.
I have read this document and understand my rights
				  established in
				  10 M.R.S.
				  §1404 - Statutory Warranty.
________________________________________ Homeowner
				  Date
_______________________________________Homeowner Date