Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter C - LICENSEES' RESPONSIBILITIES AND REQUIREMENTS › Section 80.32 - Retailers' Responsibilities and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A retailer shall retain as a record of
				  each sale a file for that sale containing a completed Retail Monitoring
				  Checklist on the prescribed form, together with copies of all completed,
				  executed, and signed applicable documents specified therein.
(b) At the time of signing a contract for the
				  sale of a manufactured home, the retailer must disclose to the purchaser, a
				  notice of the existence of a Dispute Resolution Program through HUD, either on
				  a separate document from the sales contract or it may be incorporated clearly
				  at the top of the sales contract. Disclosure of this requirement should be
				  acknowledged by the consumer.
(c) A
				  retailer shall timely provide each consumer who acquires a manufactured home by
				  sale or exchange with the applicable warranty or warranties specified in the
				  Standards Act and any warranty regarding the home itself shall specify whether
				  the warranty includes cosmetic items or not and, if it does include them,
				  whether there are any limitations or special requirements, such as a
				  walk-through punch lists, excluded items, or the like.
(d) For each manufactured home taken into a
				  retailer's inventory, a retailer shall maintain a copy of either a completed
				  and timely submitted application for a statement of ownership to reflect the
				  home as inventory or, once such a statement of ownership has been issued and
				  received, a copy of that statement of ownership.
(e) For each home altered or rebuilt from
				  salvage a retailer shall retain the documentation required for rebuilding a
				  manufactured home that is declared salvaged.
(f) A retailer must provide their company
				  name, license number, contact information on any sales agreement, and proof of
				  purchase or confirmation of sale.
(g) If a retailer relies on a third party,
				  such as a title company or closing attorney, to file with the Department the
				  required forms necessary to enable the Department to issue a Statement of
				  Ownership to a consumer, the retailer must provide an instruction letter to
				  that third party, advising them of their responsibilities to make such filings
				  and the required timeframes therefore. This does not relieve the retailer from
				  responsibility. The retailer must retain with their sale records a copy of that
				  instruction letter and all documentation provided to such third party to enable
				  them to make such filings. This optional form is available on the Department's
				  website.
(h) On a new manufactured
				  home and on any used manufactured home where the sale or exchange includes
				  installation, the retailer must specify in the applicable contract or an
				  accompanying written disclosure the intended date by which installation will be
				  complete and a designated person to contact for the current status as to the
				  intended date for completion of installation. For new manufactured homes, the
				  retailer is responsible for ensuring that a licensed installer warrants the
				  proper installation of the home and performs the required site
				  preparation.
(i) If any goods or
				  services being provided by a retailer in connection with the sale and/or
				  installation of a manufactured home, the retailer must disclose, in writing,
				  the goods and/or services to be provided and a good faith estimate as to when
				  they will be provided.
(j) If any
				  goods with a retail value of more than $250 are to be provided in connection
				  with the sale of a manufactured home and they are not specified on the data
				  plate for the home, the retailer must describe them in the retail installment
				  contract, purchase memorandum, or other sale document in sufficient detail to
				  enable a third party to provide them under the responsibility of the retailer's
				  surety bond should the retailer fail to provide them as agreed.
(k) A retailer accepting a deposit must give
				  the consumer a written statement setting forth:
(1) the amount of such deposit;
(2) a statement of any requirements to obtain
				  or limitations on any such refund; and
(3) the name and business address of the
				  person receiving such deposit.