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 13VAC6-20-170 - Prohibited conduct; grounds for denying, suspending or revoking license

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
					 acts by regulants are prohibited and may be considered by the board as grounds
					 for action against the regulant:
1. Engaging
					 in business as a manufactured home manufacturer, dealer, or broker without
					 first obtaining a license from the board.
2. Engaging in business as a manufactured
					 home salesperson without first applying to the board for a license.
3. Making a material misstatement in an
					 application for license.
4. Failing
					 to pay a required assessment to the Transaction Recovery Fund.
5. Failing to comply with the warranty
					 service obligations and claims procedures required by this chapter.
6. Failing to comply with the set-up and
					 tie-down requirements of the Code.
7. Knowingly failing or refusing to account
					 for or pay over money or other valuables belonging to others which have come
					 into the regulant's possession due to the sale of a manufactured
					 home.
8. Using unfair methods of
					 competition or unfair or deceptive commercial acts or practices.
9. Failing to comply with the advertising
					 provisions in Part IV (13VAC6-20-270
					 et seq.) of this chapter.
10.
					 Defrauding any buyer to the buyer's damage, and any other person in the conduct
					 of the regulant's business.
11.
					 Employing an unlicensed salesperson.
12. Knowingly offering for sale a
					 manufactured home produced by a manufacturer that is not licensed as a
					 manufacturer under this chapter.
13. Knowingly selling a manufactured home to
					 a dealer who is not licensed as a dealer under this chapter.
14. Failing to appear before the board upon
					 due notice.
15. Failing to comply
					 with orders issued by the board pursuant to this chapter.
16. Failing to renew a license and continuing
					 to engage in business as a manufacturer, dealer, broker, or salesperson after
					 the expiration of any license.
17.
					 A salesperson selling, exchanging, or offering to sell or exchange a
					 manufactured home for any dealer or broker other than the licensed dealer or
					 broker employing the salesperson.
18. A salesperson offering, transferring, or
					 assigning any negotiated sale or exchange of a manufactured home to another
					 dealer, broker, manufacturer, or salesperson.
19. Failing to comply with the statement of
					 compliance.
20. Failing to notify
					 the board of a change of location or address of the business office.
21. Failing to comply with any provisions of
					 this chapter.
a. The board may revoke or deny
					 renewal of an existing license or refuse to issue a license to any manufactured
					 home broker, dealer, manufacturer, or salesperson who is shown to have a
					 substantial identity of interest with a manufactured home broker, dealer, or
					 manufacturer whose license has been revoked or not renewed by the
					 board.
b. Any person whose license
					 is revoked or not renewed for cause by the board shall not be eligible for a
					 license under any circumstances or under any name, except as provided by
					 regulations of the board pursuant to §
													36-85.18
					 of the Code of Virginia.
22. Failing to comply with the regulations of
					 state or federal agencies regarding the financing, titling, taxation, or
					 transporting of manufactured homes.
23. Failing to perform a written contract
					 between the regulant and seller or buyer that contains the following minimum
					 requirements:
a. A statement of the total cost
					 of the contract and the amounts, including specific statement on the cost of
					 the home, any additional costs for work to be performed, and the amount of the
					 down payment, taxes, and titling fees.
b. A listing of specified materials and work
					 to be performed and who is to supply the materials and perform that
					 work.
c. Contract to identify the
					 business name as shown on the license issued per this chapter and to include
					 the address and the phone number of the business.
d. Specify the make and model of the
					 home.
e. Specify if the home is new
					 or used.
f. Specify the length and
					 width of the home as defined by the HUD Standards.
g. Specify the date of manufacture and the
					 serial number, except when the home is specially ordered from the manufacturer
					 for the buyer and this information is not known.
24. Failing to provide a statement notifying
					 consumers of the limitations on damages retained by dealer disclosure to the
					 buyer.
25. Failing to provide a
					 statement notifying consumers of the dispute resolution program available to
					 resolve disputes concerning defects in manufactured homes.