reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 2 - Dealers › Section 13VAC6-20-80 - Dealer responsibility for inspections; other items

Current through Register Vol. 40, No. 24, July 15, 2024
A. The dealer shall inspect every new
					 manufactured home unit upon delivery from a manufacturer. If a dealer becomes
					 aware of a noncompliance or an imminent safety hazard in a manufactured home,
					 the dealer shall contact the manufacturer, provide full information concerning
					 the problem, and request appropriate action by the manufacturer. No dealer
					 shall sell a new manufactured home if he becomes aware that it contains a
					 defect or an imminent safety hazard.
B. The dealer shall inspect every new
					 manufactured home unit prior to selling to determine that all appliances,
					 fixtures, and devices are not damaged and are in place and operable.
C. A dealer shall not alter or cause to be
					 altered any manufactured home to which a HUD label has been affixed if such
					 alteration or conversion causes the manufactured home to be in violation of the
					 standards.
D. If the dealer
					 provides for the installation of any manufactured home the dealer sells, the
					 dealer shall be responsible for making sure the installation of the home meets
					 the manufacturer's installation requirements and the Code.
E. On each home sold by the dealer, the
					 dealer shall collect the applicable title fees and title tax for the
					 manufactured home, to include an additional $30 inspection/administrative fee,
					 and forward such fees and taxes to the Virginia Department of Motor Vehicles.
The above fees shall be submitted to the Virginia
						Department of Motor Vehicles within 30 days from the completion date of the
						sale.
F. On each home sold
					 by the dealer, the dealer shall provide the owner with information to file a
					 claim supplied by the department.
Statutory Authority: §
													36-85.18
						  of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 3 - Brokers › Section 13VAC6-20-90 - License required; annual renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person located in or outside of the
					 Commonwealth (i) buying or selling, negotiating the purchase or sale or
					 exchange of, or leasing used manufactured homes and (ii) meeting the definition
					 of broker in
					 13VAC6-20-10 shall
					 apply to the board for a license. The license shall be displayed in a
					 conspicuous place accessible to the public in the office of the business
					 location. The license shall be issued for a term of one year from the date of
					 issuance.
B. Each licensed broker
					 shall apply for license renewal annually by application and accompanied by the
					 required fee. Applicants for license renewal shall meet all the criteria for
					 original licensing. Upon failure to renew, the license shall automatically
					 expire.
C. Should the department
					 fail to receive a licensed broker's renewal form and appropriate fee within 30
					 days of the license expiration date, the broker shall be required to reinstate
					 the license according to the terms and conditions of Article 8 (13VAC6-20-201
					 et seq.) of this part.
D. For
					 licensing purposes, a broker operating more than one business location shall
					 have each location treated as a separate entity and shall adhere to all
					 requirements for broker licensing, including posting a license, at each
					 location.
E. Each broker licensed
					 under this chapter shall also obtain a certificate of dealer registration from
					 the Virginia Motor Vehicle Dealer Board (MVDB). The certificate of registration
					 shall be renewed annually and shall be maintained in effect with the MVDB as
					 long as the broker is licensed under this chapter.
Statutory Authority: §
													36-85.18
						  of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 3 - Brokers › Section 13VAC6-20-100 - Application for licensing; renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application for license or renewal shall
					 be on forms supplied by the department and may be submitted as designated in
					 hard copy or by electronic means. All information required on the form shall be
					 furnished by the applicant for the board's review.
B. Each application for original licensure
					 shall be accompanied by the following:
1.
					 Deposit in the Transaction Recovery Fund required by
					 13VAC6-20-420
					 A 3.
2. Licensing fee required by
					 13VAC6-20-200 A
					 5.
3. Statement of
					 compliance.
4. Verification of a
					 business office with all utilities, including a business telephone, and where
					 the required business records are maintained.
5. Verification of a permanent business sign,
					 in view of public traffic, bearing the name of the firm.
6. Name of the owner, principal, manager,
					 agent or other person designated as the holder of the broker's license for the
					 specific location and the names of the partners or principals in the broker's
					 firm.
7. List of salespeople
					 employed .
Photographs of the front of the business office and
						required sign may be considered as verification required by this
						subsection.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 3 - Brokers › Section 13VAC6-20-110 - Statement of Compliance

Current through Register Vol. 40, No. 24, July 15, 2024
The Statement of Compliance shall be signed by the
						person or responsible officer having full authority to commit the broker to the
						conditions of compliance and shall not be transferable. Violation of the
						Statement of Compliance is ground for suspension of the
						license.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 3 - Brokers › Section 13VAC6-20-120 - Broker responsibility for inspections; other items

Current through Register Vol. 40, No. 24, July 15, 2024
A. The broker shall inspect every used
					 manufactured home unit prior to completion of sale. No broker shall sell a used
					 manufactured home, if he becomes aware that it contains an imminent safety
					 hazard.
Exception: A broker may sell a used manufactured home in
						which he is aware of an imminent safety hazard if the buyer is advised of the
						imminent safety hazard in writing by the broker and is further advised that
						building permits may be required from the local building official for repair of
						the imminent safety hazard.
B. A broker shall not alter or cause to be
					 altered any manufactured home to which a HUD label has been affixed if such
					 alteration or conversion causes the manufactured home to be in violation of the
					 standards.
C. If the broker
					 provides for the installation of any manufactured home he sells, the broker
					 shall be responsible for making sure the installation of the home meets the
					 manufacturer's installation requirements and the Code.
D. On each home sold by the broker, the
					 broker shall collect the applicable title tax and title fees for the
					 manufactured home, to include an additional $30 inspection/administrative fee,
					 and forward such fees and taxes to the Virginia Department of Motor Vehicles.
The above fees shall be submitted to the Virginia
						Department of Motor Vehicles within 30 days from the completion date of the
						sale.
Statutory Authority
§§ 36-85.18 and 36-85.36 of the Code of
						  Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 4 - Salespeople › Section 13VAC6-20-130 - License required; annual renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person employed by a dealer, broker or
					 manufacturer buying or selling or negotiating the purchase, sale or exchange of
					 new or used manufactured homes and meeting the definition of a salesperson in
					 13VAC6-20-10 shall apply to the
					 board for a license. The salesperson's license shall be displayed in the
					 company's business office in a conspicuous place accessible to the public in
					 public view. The license shall be issued for a term of one year from the date
					 of issuance. A salesperson shall be authorized by the board to sell
					 manufactured homes after applying for a license, accompanied by the required
					 fees, but prior to receiving the license back from the board, and shall not be
					 considered to be an "unlicensed salesperson" during such time.
B. Each licensed salesperson shall apply for
					 license renewal annually, by application and accompanied by the required fee.
					 Applicants for license renewal shall meet all criteria for original licensing.
					 Upon failure to renew, the license shall automatically expire.
C. Should the department fail to receive a
					 licensed salesperson's renewal form and appropriate fee within 30 days of the
					 license expiration date, the salesperson shall be required to reinstate the
					 license according to the terms and conditions of Article 8 (13VAC6-20-201 et seq.) of this
					 part.
D. When employed by a dealer,
					 broker or manufacturer having more than one licensed retail location or
					 business office, a licensed salesperson may transfer or be temporarily assigned
					 from one location to the other as long as he is working for the same company
					 under the same ownership. Such transfer or assignment shall not require an
					 additional license or Transaction Recovery Fund assessment. If a salesperson
					 works for more than one company or at locations with different owners, he shall
					 be licensed separately for each and pay a separate Transaction Recovery Fund
					 assessment for each such license.
Statutory Authority
§§ 36-85.18 and 36-85.36 of the Code of
						  Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 4 - Salespeople › Section 13VAC6-20-140 - Application for licensing; renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Application for license or renewal shall
					 be on forms supplied by the department and may be submitted as designated in
					 hard copy or by electronic means. All information required on the form shall be
					 supplied by the applicant for the board's review.
B. Each application for original licensure
					 shall be accompanied by the following:
1.
					 Deposit in the Transaction Recovery Fund required by
					 13VAC6-20-420 A 4.
2. Licensing fee required by
					 13VAC6-20-200 A 7.
3. Statement of Compliance.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 4 - Salespeople › Section 13VAC6-20-150 - Termination of employment; notification to department

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever the salesperson's employment is terminated, the
						salesperson shall immediately send his license to the department. The license
						shall be marked "Employment terminated on Date" with the date given that the
						salesperson stopped working for the dealer, broker or manufacturer. The dealer,
						broker or manufacturer also shall notify the department of the salesperson's
						termination of employment no later than the tenth day of the month following
						the month of termination.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 5 - Special License › Section 13VAC6-20-160 - Special license; applications; fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board may approve applications from
					 regulants for special licenses, not to exceed 10 days in duration, for a
					 temporary place of business operated or proposed by the regulant. The temporary
					 location shall not be contiguous to other premises for which a license is
					 issued, except that contiguous locations may be licensed for dealer and
					 manufacturer product shows.
B. The
					 application for special licenses shall be submitted on forms supplied by the
					 department. All information required with the application shall be furnished by
					 the applicant for the board's review. Applications shall be submitted to the
					 board at least 30 days prior to the requested effective date of the special
					 license.
C. The application shall
					 be accompanied by the required fee in
					 13VAC6-20-200 B.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 6 - Violations and Hearings › Section 13VAC6-20-180 - Penalties; notice to regulant

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board shall have the power to deny,
					 suspend, revoke, or refuse to renew or reinstate the license of a regulant
					 found to be engaging in prohibited conduct or otherwise failing to comply with
					 this chapter or orders of the board.
B. The board shall have the authority to levy
					 monetary penalties in addition to or instead of denying, suspending, revoking,
					 or refusing to renew or reinstate a regulant's license. Such monetary penalties
					 shall include the following:
1. Monetary
					 penalties of up to $2,500 for each violation by a manufacturer.
2. Monetary penalties of up to $2,500 for
					 each violation by a dealer or broker.
3. Monetary penalties of up to $2,500 for
					 each violation by a salesperson.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 6 - Violations and Hearings › Section 13VAC6-20-190 - Conference; hearing; service of notice

Current through Register Vol. 40, No. 24, July 15, 2024
A. The board, or department acting on the
					 board's behalf, shall send notice of the conference or hearing to the regulant
					 at least 15 calendar days prior to the date of the conference or hearing. The
					 notice shall be sent by certified mail to the address of the regulant, as shown
					 on the license or other record of information in possession of the
					 board.
B. The conference or hearing
					 shall be conducted by the board according to the applicable provision of the
					 Administrative Process Act and shall be open to the public. The regulant or
					 applicant shall have the right to be heard in person or by counsel, and to
					 provide evidence and witnesses on his behalf.
C. After the conference or hearing has been
					 completed, if the board determines that the regulant or applicant has engaged
					 in prohibited conduct, or is in violation of this chapter or orders of the
					 board, or otherwise determines that it has grounds to impose any penalties
					 under 13VAC6-20-180, the board shall
					 immediately notify the regulant or applicant in writing, by certified mail, of
					 the action imposed by the board. The department shall be responsible for
					 carrying out the board's decision. The department shall also notify the
					 Department of Motor Vehicles of the suspension or revocation of any dealer's or
					 broker's license under this chapter.
§§ 36-85.18 and 36-85.36 of the Code of
						Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 6 - Violations and Hearings › Section 13VAC6-20-200 - Fee schedules

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 following fees are set by the board for annual licenses and renewals issued in
					 accordance with this chapter. Checks, money orders, credit cards and other
					 approved electronic fee payments shall be made payable to the Treasurer of
					 Virginia or applicable state agency. In the event that a check, money draft,
					 credit card, or similar instrument for payment of a required fee is not honored
					 by the bank or financial institution named, the applicant or regulant shall be
					 required to remit fees sufficient to cover the original fee plus an additional
					 processing charge set by the department.
1.
					 The manufacturer's original license fee shall be $700.
2. The manufacturer's renewal license fee
					 shall be $600.
3. The dealer's
					 original license fee shall be $200.
4. The dealer's renewal license fee shall be
					 $150.
5. The broker's original
					 license fee shall be $200.
6. The
					 broker's renewal license fee shall be $150.
7. The salesperson's original license fee
					 shall be $100.
8. The salesperson's
					 renewal license fee shall be $100.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 6 - Violations and Hearings › Section 13VAC6-20-201 - Reinstatement required

Current through Register Vol. 40, No. 24, July 15, 2024
Should the board fail to receive a license holder's
						renewal form and appropriate fee within 30 days of the license expiration date,
						or if the license has been revoked or not renewed by the board the applicant
						shall be required to reinstate the license. Applicants for reinstatement of a
						manufacturer's license shall continue to meet all the qualifications for
						licensure set forth in Article 1 (13VAC6-20-20 et seq.)
						of this part. Applicants for reinstatement of a dealer's license shall continue
						to meet all the qualifications for licensure set forth in Article 2
						(13VAC6-20-50 et seq.) of this
						part. Applicants for reinstatement of a broker's license shall continue to meet
						all qualifications for licensure set forth in Article 3 (13VAC6-20-90 et seq.) of this
						part. Applicants for reinstatement of a salesperson's license shall continue to
						meet all qualifications for licensure set forth in Article 4 (13VAC6-20-130 et seq.) of this
						part.
Statutory Authority
§§ 36-85.18 and 36-85.36 of the Code of
						  Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 6 - Violations and Hearings › Section 13VAC6-20-202 - Reinstatement fees

Current through Register Vol. 40, No. 24, July 15, 2024
Each check, money order, credit card, and other approved
						electronic payment of fee shall be made payable to the "Treasurer of Virginia"
						or applicable state agency. In the event that a check, money draft, credit
						card, or similar instrument for payment of a required fee is not honored by the
						bank or financial institution named, the applicant shall be required to remit
						fees sufficient to cover the original fee, plus an additional processing charge
						set by the department. The following reinstatement fees shall be submitted by
						the applicant with the reinstatement application:
1. Manufacturer's fee
$750*
2. Dealer's fee
$300*
3. Broker's fee
$300*
4. Salesperson's fee
$225*
*Includes the renewal fee listed in
								13VAC6-20-200.
The date on which the reinstatement application and fee
						is received by the department shall determine whether the licensee is eligible
						for reinstatement or must apply for a new license and meet the license
						requirements in place at the time of that application. Licenses that have been
						expired for a year or more from date of expiration are not eligible for
						reinstatement. An application for a new license must be
						submitted.
Statutory Authority
§§ 36-85.18 and 36-85.36 of the Code of
						  Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 6 - Violations and Hearings › Section 13VAC6-20-203 - Status of the license during the period prior to reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
A manufacturer, dealer, broker, or salesperson who
						reinstates his license shall be regarded as having been continuously licensed
						without interruption, shall remain under the full disciplinary authority of the
						board during this period, and may be held accountable for his activities during
						this period. Any person who suffers a loss or damage by an act of a regulant
						that constitutes a violation of this chapter during the period between the
						expiration of the license and the reinstatement of the license shall not be
						prohibited from filing a claim for recovery from the Manufactured Housing
						Transaction Recovery Fund.
A regulant who fails to reinstate his license shall be
						regarded as unlicensed from the expiration date of the license forward.
Nothing in this chapter shall divest the board of its
						authority to discipline a regulant for a violation of the law or regulations
						during the period of time for which the regulant was
						licensed.
Statutory Authority
§§ 36-85.18 and 36-85.36 of the Code of
						  Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part II - Licenses › Article 6 - Violations and Hearings › Section 13VAC6-20-204 - Board discretion to deny reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
Failure to timely pay any monetary penalty, reimbursement
						of costs or other fee assessed by consent order or final order shall result in
						delaying or withholding services provided by the department such as, but not
						limited to, renewal, reinstatement, or processing of a new application. The
						board may deny reinstatement of a license for the same reasons as it may refuse
						initial or renewal licensure or to discipline a regulant.
Statutory Authority
§§ 36-85.18 and 36-85.36 of the Code of
						  Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part III - Dealer or Manufacturer Sales Agreements › Section 13VAC6-20-210 - Filing of dealer or manufacturer sales agreements; contents

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each licensed
				  manufacturer shall file with the board a true copy of each new, amended,
				  modified, or different form of dealer/manufacturer sales agreement to be
				  offered to a dealer or prospective dealer in the Commonwealth prior to the date
				  the sales agreement is offered. The department shall review the form for terms
				  inconsistent with the requirements of this chapter. Any forms found to contain
				  inconsistent terms shall be reported to the board for review and notification.
				  The department shall notify the manufacturer of the inconsistent terms and its
				  report to the board.
B. The sales
				  agreement between the manufacturer and the dealer shall not include terms that
				  are contrary to, prohibited by, or otherwise inconsistent with the requirements
				  of this chapter.
C. The
				  manufacturer shall include in any sales agreement with a dealer the following
				  language or words to that effect:
"If any provision herein contravenes the laws or
					 regulations of Virginia, or denies access to the procedures, hearings, or
					 remedies provided by the laws or regulations of Virginia, such provision shall
					 be deemed to be modified to conform to those laws and regulations, and all
					 other terms and provisions of the agreement shall remain in full
					 force."
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part III - Dealer or Manufacturer Sales Agreements › Section 13VAC6-20-220 - Coercion of dealer by manufacturer prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
A. A manufacturer shall not coerce or attempt
				  to coerce any dealer or prospective dealer to sell, assign, or transfer any
				  sales contract obtained by the dealer for any manufactured home produced by the
				  manufacturer, to a specified finance company or class of finance companies or
				  to any other specified persons by any of the following:
1. By any statement, suggestion, promise or
				  threat that the manufacturer will in any manner benefit or injure the dealer,
				  whether the statement, suggestion, threat, or promise is express or implied or
				  made directly or indirectly.
2. By
				  any act that will benefit or injure the dealer.
3. By any contract, or any express or implied
				  offer of contract, made directly or indirectly to the dealer, for handling the
				  manufactured home on the condition that the dealer sell, assign, or transfer
				  his sales contract on the manufactured home to a specified finance company or
				  class of finance companies or to any other specified persons.
4. By any express or implied statement or
				  representation made directly or indirectly that the dealer is under any
				  obligation to sell, assign, or transfer any of his sales contracts because of
				  any relationship or affiliation between the manufacturer and the finance
				  company or persons.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part III - Dealer or Manufacturer Sales Agreements › Section 13VAC6-20-230 - Grant, transfer, succession to and cancellation of dealer or manufacturer sales agreements: delivery of homes, parts, accessories

Current through Register Vol. 40, No. 24, July 15, 2024
A. Prior to
				  granting an additional dealer or manufacturer sales agreement for a particular
				  line of manufactured home in a relevant market area in which a dealer or
				  dealers are already located, a manufacturer shall notify, in writing, all other
				  dealers in the line of homes in that relevant market area. Any dealer in the
				  same line of homes in the relevant marketing area may request a conference or
				  hearing before the board within 30 days of receipt of the manufacturer's notice
				  of intention to establish the additional dealer or manufacturer sales
				  agreement. The additional sales agreement may be established at the proposed
				  site if, after the conference or hearing, the board determines that there is
				  reasonable evidence that after the grant of the new sales agreement, the market
				  will support all of the dealers in that line of homes in the relevant market
				  area.
Establishing a dealer or manufacturer sales agreement in a
					 relevant market area to replace a dealer that has ceased operation shall
					 constitute the establishment of a new dealer or manufacturer sales agreement
					 subject to the terms of this section.
EXCEPTIONS:
1. The
				  relocation of an existing dealer within that dealer's relevant market area if
				  the relocation site is to be more than 25 miles from any other dealer in the
				  same line of homes.
2. The
				  relocation of an existing dealer within that dealer's relevant market area if
				  the relocation site will be further away from all other dealers of the same
				  line of homes in that relevant market area than the relocating dealer's current
				  site.
3. The relocation of an
				  existing dealer within two miles of that dealer's current site.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part III - Dealer or Manufacturer Sales Agreements › Section 13VAC6-20-240 - Dealer or manufacturer sales agreement warranties

Current through Register Vol. 40, No. 24, July 15, 2024
Any warranty agreements or contracts included in the sales
					 agreement shall comply with the warranty and service requirements of Part V of
					 this chapter (13VAC6-20-310 et
					 seq.).
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part III - Dealer or Manufacturer Sales Agreements › Section 13VAC6-20-260 - Conferences, hearings and other remedies

Current through Register Vol. 40, No. 24, July 15, 2024
A. In every case of a conference or hearing
				  before the board authorized by this chapter, the board shall give reasonable
				  notice of each conference or hearing to all interested parties. The board's
				  decision shall be binding on the parties, subject to the rights of judicial
				  review and appeal.
Conferences or hearings before the board under this part
					 shall commence within 90 days of the request for the conference or hearing. The
					 board's decision shall be rendered within 60 days from the conclusion of the
					 conference or hearing.
B.
				  The board shall initiate investigations, conduct conferences or hearings, and
				  determine the rights of parties under this part whenever they are provided
				  sufficient information indicating a possible violation of this part or this
				  chapter.
C. For purposes of any
				  matter brought to the board under
				  13VAC6-20-230 in which the board
				  is to determine whether there is good cause for a proposed action or whether it
				  would be unreasonable under the circumstances, the board shall consider:
1. The volume of the affected dealer's
				  business in the relevant market area;
2. The nature and extent of the dealer's
				  investment in its business;
3. The
				  adequacy of the dealer's service facilities, equipment, parts, supplies, and
				  personnel;
4. The effect of the
				  proposed action on the community;
5. The extent and quality of the dealer's
				  service under warranties in Part V of this chapter (13VAC6-20-310 et seq.).
6. The dealer's performance under the terms
				  of its dealer/manufacturer sales agreement;
7. Other economic and geographical factors
				  reasonably associated with the proposed action; and
8. The recommendations, if any, of the
				  department personnel requested to investigate the matter.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part IV - Advertising › Section 13VAC6-20-280 - Records retention

Current through Register Vol. 40, No. 24, July 15, 2024
Advertisers shall maintain a copy of all media advertising
					 for a period of not less than 60 days after the expiration date of the
					 advertisement. For the purposes of this section, the expiration date of the
					 advertisement shall be the last date the advertisement runs or the expiration
					 date of the advertised sale, whichever is later.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part IV - Advertising › Section 13VAC6-20-290 - Violations; penalties

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  first violation of any regulated advertising practice may, at the discretion of
				  the board, be addressed by a written warning to the regulant, by certified
				  mail, advising the regulant of the prohibited conduct and the possible actions
				  by the board if such conduct is continued or repeated.
B. Any violation of regulated advertising
				  practices in this part may be considered as prohibited conduct under
				  13VAC6-20-170 and subject to the
				  board's actions contained therein.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part IV - Advertising › Section 13VAC6-20-300 - Conferences or hearings

Current through Register Vol. 40, No. 24, July 15, 2024
Conferences or hearings on any complaint or notice of
					 violation of advertising practices contained in this part shall be conducted
					 according to the procedures established in
					 13VAC6-20-190.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part V - Warranty, Service and Alterations › Section 13VAC6-20-310 - Warranties; provisions

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each
				  manufacturer located in or outside of the Commonwealth delivering in or
				  shipping into the Commonwealth manufactured homes for sale shall issue with
				  each new home a warranty to the buyer, in writing, setting forth the following
				  terms:
1. That all structural elements;
				  plumbing systems; heating, cooling (if any), and fuel burning systems;
				  electrical systems; and any other components included by the manufacturer are
				  manufactured and installed free from defect.
2. That the manufacturer shall take
				  appropriate corrective action at the site of the manufactured home, except for
				  components which can be removed for service without undue inconvenience to the
				  buyer, in instances of defects which become evident after the date of delivery
				  of the home to the buyer, provided the buyer gives notice of the defects to the
				  manufacturer at the manufacturer's business address.
3. That the manufacturer shall take such
				  actions deemed necessary as ordered by the board under this chapter.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part V - Warranty, Service and Alterations › Section 13VAC6-20-320 - Duration of warranties

Current through Register Vol. 40, No. 24, July 15, 2024
All warranties provided by regulants as required by
					 13VAC6-20-310
					 shall be for a period of not less than 12 months measured from the date of
					 delivery of the home to the buyer.
NOTICE: The forms used in administering the regulation were
					 filed by the agency. The forms are not being published; however, online users
					 of this issue of the Virginia Register of Regulations may click on the
					 accompanying web address to access the online forms. Contact the State Building
					 Codes office, (804) 371-7060 or sbco@dhcd.virginia.gov, with questions
					 regarding the online application.
Statutory Authority: §
												36-85.18
						of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part V - Warranty, Service and Alterations › Section 13VAC6-20-330 - Presenting warranty claims

Current through Register Vol. 40, No. 24, July 15, 2024
To invoke a regulant's warranty under
					 13VAC6-20-310, the buyer shall
					 notify the regulant within a reasonable time after discovering the defect and
					 not later than 90 days after the expiration of the stated term of the warranty.
					 The regulant shall make a record of the name and address of each claimant and
					 the date, substance, and disposition of each claim about the defect. The
					 regulant may request that a warranty claim be made in writing; however, the
					 regulant shall record any claim received as noted above and shall not delay
					 service pending receipt of the written claim.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part V - Warranty, Service and Alterations › Section 13VAC6-20-350 - Warranty service; time limits; rejection of claim

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any defect which is determined to be an
				  imminent safety hazard to life and health shall be remedied within three days
				  of receipt of the written notice of the warranty claim. Defects which may be
				  considered as imminent safety hazards to life and health include, but are not
				  limited to, any of the following:
1.
				  Inadequate heating in freezing weather.
2. Failure of sanitary facilities.
3. Electrical shock hazards.
4. Leaking gas.
5. Major structural failure.
The board may suspend this three-day time period in the
					 event of widespread defects or damage resulting from adverse weather conditions
					 or other natural disasters.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part V - Warranty, Service and Alterations › Section 13VAC6-20-360 - Records; available to board

Current through Register Vol. 40, No. 24, July 15, 2024
The board or the board's representative shall be
					 authorized to inspect the pertinent service records of a manufacturer, dealer,
					 supplier, or broker relating to a written warranty claim or complaint made to
					 the board regarding that manufacturer, dealer, supplier, or broker. Such
					 inspection shall be allowed by the regulant during reasonable business hours.
					 Upon request by the board, every regulant shall send to the board within 10
					 days a true copy of any and all documents or records pertinent to the claim for
					 service or complaint.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part V - Warranty, Service and Alterations › Section 13VAC6-20-370 - Alterations; by dealer or by owner

Current through Register Vol. 40, No. 24, July 15, 2024
A. Unless authorized by this chapter or by
				  the manufacturer, a dealer shall not make any alterations or modifications to a
				  manufactured home after shipment from the manufacturer's facility. If a dealer
				  performs an unauthorized alteration or modification in or to a manufactured
				  home, the dealer then shall bear primary warranty responsibility for the
				  altered or modified item or items. If the manufacturer remedies or is required
				  by the board to remedy any warranty claim on the altered or modified item or
				  items, then that manufacturer shall be entitled to recover damages in the
				  amount of his costs, including attorney's fees, from the dealer responsible for
				  the alteration or modification.
B.
				  Unless authorized by the manufacturer, the owner or person or persons working
				  for the owner shall not make alterations or modifications to a manufactured
				  home after shipment from the manufacturer's facility. Any unauthorized
				  alteration or modification made by the owner or person or persons working for
				  the owner shall relieve the manufacturer of the responsibility to remedy any
				  defects caused by such alteration or modification. All manufacturers shall
				  display clearly and conspicuously on the face of their warranty to the buyer a
				  statement explaining that the owner shall be responsible for remedying any
				  defects caused by unauthorized alterations or modifications done by the owner
				  or person or persons working for the owner. The statement shall also include a
				  warning specifying any alterations or modifications which should be performed
				  only by qualified personnel in order to preserve their warranty
				  protection.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part V - Warranty, Service and Alterations › Section 13VAC6-20-380 - Qualifications of personnel performing alterations

Current through Register Vol. 40, No. 24, July 15, 2024
All persons responsible for performing alterations under
					 this part shall be deemed "qualified personnel" only when approved or certified
					 by the manufacturer of the home.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part V - Warranty, Service and Alterations › Form - FORMS (13VAC6-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Complete license registration application forms for broker,
					 dealer, manufacturer, salesperson, and special licensing online at
https://dmz1.dhcd.virginia.gov/BFR/Main/LogOn.aspx
.
Statutory Authority: §
												36-85.18
						of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part VI - Miscellaneous Provisions › Section 13VAC6-20-390 - Set-up requirements; effect on insurance policies

Current through Register Vol. 40, No. 24, July 15, 2024
A. Manufactured homes shall be set-up in
				  accordance with the Code.
B. In the
				  event that a manufactured home is insured against damage caused by windstorm
				  and subsequently sustains windstorm damage of a nature that indicated the home
				  was not set-up in the manner required by this section, the insurer issuing the
				  home owner's insurance policy on the home shall not be relieved from meeting
				  the obligations specified in the insurance policy with respect to such damage
				  on the basis that the manufactured home was not properly set up.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part VI - Miscellaneous Provisions › Section 13VAC6-20-400 - Limitation on damages retained by dealer; disclosure to buyer

Current through Register Vol. 40, No. 24, July 15, 2024
A. If a buyer fails
				  to accept delivery of a manufactured home, the dealer may retain actual damages
				  from the buyer's deposit according to the following terms:
1. If the manufactured home is a single
				  section unit and is in the dealer's stock and is not specially ordered from the
				  manufacturer for the buyer, the maximum retention shall be $1,000.
2. If the manufactured home is a single
				  section unit and is specially ordered from the manufacturer for the buyer, the
				  maximum retention shall be $2,000.
3. If the manufactured home is larger than a
				  single section unit in the dealer's stock and is not specially ordered for the
				  buyer, the maximum retention shall be $4,000.
4. If the manufactured home is larger than a
				  single section unit and is specially ordered for the buyer from the
				  manufacturer, the maximum retention shall be $7,000.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part VI - Miscellaneous Provisions › Section 13VAC6-20-410 - Other remedies not excluded

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing in this chapter, nor any decision by the board,
					 shall limit any right or remedy available to the buyer through common law or
					 under any other statute.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part VII - Transaction Recovery Fund › Section 13VAC6-20-420 - Recovery fund established; assessments

Current through Register Vol. 40, No. 24, July 15, 2024
A. In accordance with § 36-85.31 of the
				  Code of Virginia, the board shall establish a Manufactured Housing Transaction
				  Recovery Fund. Any manufacturer, dealer, broker or salesperson licensed by the
				  board under this chapter to operate in the Commonwealth of Virginia shall pay
				  an initial assessment fee of the following amount into the fund:
1. Manufacturer -- $4,000 for each separate
				  manufacturing facility payable in one installment or $4,400 payable at $2,200
				  per year with the second payment due one year after initial
				  licensing.
2. Dealer -- $500 per
				  retail location.
3. Broker -- $500
				  per sales office.
4. Salesperson --
				  $50 per individual.
Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part VII - Transaction Recovery Fund › Section 13VAC6-20-430 - Filing claims; investigations; conference or hearing on claim

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any person who
				  suffers any loss or damage by an act of a regulant that constitutes a violation
				  of this law or this chapter shall have the right to file a claim for recovery
				  from the fund. The department shall provide forms for filing claims. As a
				  minimum, the following information shall be furnished with the claim:
1. The names and addresses of the regulants
				  involved in the claim.
2. The
				  identification of the home including the serial number, HUD label number or
				  numbers, and model designations.
3.
				  A complete explanation of the issues or actions which constitute the basis for
				  the claim, along with copies of pertinent documents.
4. The name, address and telephone number of
				  the claimant and the location of the home if different from the claimant's
				  address.