IAdminfootr01a_01_02 = new Image(137, 28);IAdminfootr01a_01_02.src = '/images/txreg_nav.gif'; 13, eff. Sec. Control #: TX-C104 Instant Download Buy now. 1421, Sec. Not later than the 60th day after the date the department issues a copy of the statement of ownership to the owner, the owner must: (1) file the copy in the real property records of the county in which the home is located; and. September 1, 2017. 1201.210. (a) If the owner of a manufactured home notifies the department that the owner intends to treat the home as real property or intends to treat the home as a salvaged manufactured home or reserve the home for a business use or another nonresidential use, the department shall indicate on the statement of ownership for the home that: (1) the owner of the home has elected to treat the home as described by this subsection; and. January 1, 2008. (d) Notwithstanding other provisions of this subchapter, this subchapter does not apply to, and a consumer may not recover through the manufactured homeowner consumer claims program as a result of, a claim against a license holder that results from a cause of action directly related to the sale, exchange, brokerage, or installation of a manufactured home before September 1, 1987. 408 (H.B. 1510), Sec. 14A.255(a), eff. (b) An installer may not install a used manufactured home at a location on a site that has evidence of ponding, runoff under heavy rains, or bare uncompacted soil unless the installer first obtains the owner's signature on a form promulgated by the board disclosing that such conditions may contribute to problems with the stabilization system for that manufactured home, including possible damage to that home, and the owner accepts that risk. Sec. An owner may elect to treat a manufactured home as real property only if the home is attached to: (1) real property that is owned by the owner of the home; or. Florida's general state sales tax rate is 6% with the following exceptions: Retail sales of new mobile homes - 3% Amusement machine receipts - 4% Rental, lease, or license of commercial real property - 5.5% Electricity - 6.95% Use TaxA bill of sale is a legal document acting as a receipt between the person selling a used car and the person . Acts 2011, 82nd Leg., 1st C.S., Ch. June 18, 2005. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP. 3.03, eff. (c) An individual who holds a retailer's license or broker's license or who is a related person of such a licensee is not required to apply for a salesperson's license. 338, Sec. September 1, 2011. (c) The department shall conduct a criminal history check of each applicant for a license or renewal of a license using information: (1) provided by the individual under this section; and. (b) If the statement of ownership is being issued in connection with the sale of the home, the seller is not eligible to sign a right of survivorship agreement under this subchapter unless the seller is the child, grandchild, parent, grandparent, or sibling of each other person signing the agreement. Because of its regulatory nature, MHD has its own board and executive director. 1201.008. (b) If an unlicensed retailer, broker, or installer enters into a contract with a consumer concerning a manufactured home, the consumer may void the contract until the second anniversary of the date of purchase of the home. 1460), Sec. June 1, 2003. (B) has not received any response from the tax collector before the 60th day after the tax collector's receipt of the second request. LICENSE APPLICATION. 19, eff. (2) money stated to be a down payment in an executed retail sales contract. Consumer Protection and General Information: Tenant Guide to Allocated Water or Wastewater Service, Tenant Guide to Submetered Water or Wastewater Service. 3613), Sec. var showMsg = navigator.userAgent != "Mozilla/4.0 (compatible; MSIE 4.0; Mac_PowerPC)"; Click here to access an Open Records Request form. If the home does not possess the required Texas Seal or HUD Label, there is an extra fee of $35 per Texas Seal per section of the home. Unless the warranty provides for a longer period, the installer or retailer has no obligation or liability under the person's warranty for any defect described in a written notice received from the consumer more than two years after the later of the date of purchase or the date of installation. 1460), Sec. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Manufactured housing is habitable only if: (1) there is no defect or deterioration in or damage to the home that creates a dangerous situation; (2) the plumbing, heating, and electrical systems are in safe working order; (A) free from a substantial opening that was not designed; and. 3.06, eff. Acts 2017, 85th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. January 1, 2008. Acts 2007, 80th Leg., R.S., Ch. (3)the applicant demonstrates ownership of the manufactured home under Subsection BOX 12489 Austin, Texas 78711-2489 Used Mobile Home Disclosure and Warranty Texas also has in place a used mobile home warranty that offers 60 days after the date of sale, exchange, or lease-purchase agreement to notify the seller in writing of any defects . June 18, 2005. (b) A person who owns a used manufactured home that is salvaged shall apply to the director for the issuance of a new statement of ownership that indicates that the home is salvaged. Added by Acts 2001, 77th Leg., ch. 338, Sec. 64, eff. 61, eff. 408 (H.B. Any order issued by the director under this chapter, if not appealed before the 31st day after the date the order was issued, shall automatically become a final order. The person may obtain a new license by complying with the requirements and procedures for obtaining an original license. (e) The fee described by Subsection (a)(2) does not apply if an inspection agency authorized by the United States Department of Housing and Urban Development, other than the department, acts as the in-plant inspection agency. (b) On payment of the required inspection fee, the manufacturer, retailer, or installer may request the department to perform a consumer complaint home inspection if the manufacturer, retailer, or installer: (1) believes the consumer's complaints are not covered by the warranty of the manufacturer, retailer, or installer, as applicable; (2) believes that the warranty service was properly provided; or. 2019), Sec. 863 (H.B. PAYMENT BY SURETY OR FROM OTHER SECURITY. 408 (H.B. Amended by Acts 2003, 78th Leg., ch. Statement of Ownership/Title (TDHCA) E lection REAL Addendum (TDHCA) Statement of Inheritance (TDHCA) Release of Lien/Repossession (TDHCA) **ALL documents MUST BE returned to TDHCA** June 18, 2003. (a-1) If the applicant is not an individual, the applicant must have at least one related person who satisfies the requirements of Subsection (a). (a) Except as otherwise provided by this subchapter, a person may not sell or exchange or negotiate for the sale or exchange of a used manufactured home to a consumer unless the appropriate seal or label is attached to the home. (f) Any license holder or surety, as applicable, is bound by the department's final determination of responsibility and liability. 2238), Sec. (2) the date the director determines that a claim does not exist against the security. 2438), Sec. Sec. September 1, 2017. (2) land leased to the owner of the home under a long-term lease, as defined by department rule. (b)The land on which a manufactured home is located qualifies as a residence homestead When the ownership of a home changed, an application for title transfer had to be submitted to the Manufactured Housing Division (Department), and a new title would be issued. Acts 2017, 85th Leg., R.S., Ch. The term includes a bargain, sale, transfer, or delivery of a manufactured home for which the director has not previously issued a statement of ownership, with intent to pass an interest in the home, other than a lien. Finally, the homeowner must submit the Application for Statement of Ownership with all supporting documentation and fees. 408 (H.B. June 1, 2003. January 1, 2008. Amended by Acts 2003, 78th Leg., ch. The department shall have the authority to enforce the collection of any fee from the seller through judicial means. (c) The retailer may not retain more than five percent of the estimated cash price of the specially ordered home and must refund any amount that exceeds five percent. 863, Sec. Sec. Acts 2005, 79th Leg., Ch. 17, 18, eff. June 1, 2003. January 1, 2008. 408 (H.B. 2019), Sec. Contact us. Sec. 1460), Sec. (d) The board shall charge a fee for a consumer complaint home inspection requested by a manufacturer or retailer under Section 1201.355(b), to be paid by the manufacturer or retailer. January 1, 2008. (f) A person whose license has been expired for one year or more may not renew the license. 2438), Sec. 21, eff. A single filing by a tax collector is a filing for all the taxing units for which the tax collector is empowered to collect. 77, Sec. The board shall issue an order after receiving a proposal for decision. 60, eff. 34, eff. VENUE FOR HEARING. 1460), Sec. (a) Effective September 1, 2003, all outstanding documents of title or certificates of attachment are considered to be statements of ownership. A person who is not exempt under this chapter and who, without first obtaining a license required under this chapter, performs an act that requires a license under this chapter commits an offense. (a) The department may not issue or renew a license unless a bond or other security in a form prescribed by the director is filed with the department as provided by this subchapter. If the department determines that a complaint is covered by the installation warranty, the director shall issue the order to the installer for the corrective action. (e) The director, after giving notice, may impose against a person who violates a cease and desist order an administrative penalty in an amount not to exceed $1,000 for each day of the violation. (d) If an owner elects to treat a manufactured home as real property, the department shall issue to the owner a copy of the statement of ownership that on its face reflects that the owner has elected to treat the manufactured home as real property at the location listed on the statement. 408 (H.B. (2) "Affiliate" means a person who is under common control. (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. June 18, 2003. January 1, 2008. 408 (H.B. (a) The owner of real property on which a manufactured home owned by another is located may declare the home abandoned as provided by this section if: (1) the home has been continuously unoccupied for at least four months; and. 7, eff. 1079 (H.B. 408 (H.B. (e) In determining the amount of actual damages under this section, the director shall make an independent inquiry as to the damages actually incurred, unless the damages have been previously established through a contested trial. 2, eff. 56, eff. Added by Acts 2003, 78th Leg., ch. (b) On application and subject to Sections 1201.2076 and 1201.209, the department shall issue for the structure described in the application a new statement of ownership restoring the structure's designation as a manufactured home only after an inspection and determination that the structure is habitable as provided by Section 1201.453. (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. (c) An order issued under Subsection (a) or (b) must contain a reasonably detailed statement of the facts on which the order is based. 408 (H.B. Section 1201.003 of the Texas Occupations Code An applicant is not required to submit an accompanying document described by Subsection Added by Acts 2007, 80th Leg., R.S., Ch. Those numbers identify the mobile home when you look up taxes and liens associated with the property. Sec. 863 (H.B. January 1, 2008. 408 (H.B. The consumer's execution of a signed receipt of a copy of the disclosure required by Subsection (a) shall constitute conclusive proof of the delivery of the disclosure. (30) "Statement of ownership" means a statement issued by the department and setting forth: (A) the ownership of a manufactured home in this state as provided by Section 1201.205; and (B) other information required by this chapter. September 1, 2009. 1079 (H.B. January 1, 2008. Any fees must be paid through certified funds, cashiers check, or money order made payable to TDHCA/MHD. The prohibition must be prospective and may not apply to a mobile home previously legally permitted by and used as a dwelling in the municipality. 1421, Sec. Acts 2007, 80th Leg., R.S., Ch. 2438), Sec. 35, eff. (c) A person may not offer to negotiate or negotiate for others a bargain or contract for the sale or exchange of two or more manufactured homes to consumers in this state in a 12-month period unless the person holds a broker's license. January 1, 2008. Sec. (c) The board shall establish a fee for the inspection of the installation of a mobile or HUD-code manufactured home, to be paid by the installer of the home. (a) A lien on manufactured homes in inventory is perfected only by filing the lien with the department on the required form. Acts 2007, 80th Leg., R.S., Ch. (b) If the sale or exchange of the repossessed manufactured home is to or through a licensed retailer, the retailer is responsible and liable for compliance with this chapter and department rules. 1201.404. Click here to access an Open Records Request form. 863 (H.B. function dm(msgStr) { 67, eff. If homeowners wish to return their manufactured home from real property back to personal property, they can do so by applying for a new Statement of Ownership. Acts 2007, 80th Leg., R.S., Ch. 22, eff. 1460), Sec. 1201.109. June 1, 2003. 1201.111. Acts 2017, 85th Leg., R.S., Ch. September 1, 2017. September 1, 2017. 1201.409. 338, Sec. (b) The department by rule shall develop a form necessary for a person to establish eligibility for the exemption provided by this section. 1, eff. Added by Acts 2001, 77th Leg., ch. (d) If the manufactured home remains on the real property for at least 45 days after the date the notice is postmarked: (1) all liens on the home are extinguished; and. (c) If a change occurs in the information filed with the director under Subsection (a), the applicant shall amend the application to state the correct information. Sec. 338, Sec. 1284 (H.B. 1284 (H.B. 8, eff. 408 (H.B. 2, eff. A family relationship required by this subsection may be a relationship established by adoption. View Ownership Records : No Prior Ownership Record - Pending Application with RAI Issued: . 49, eff. DEFINITIONS. 1421, Sec. MANUFACTURED HOMEOWNER CONSUMER CLAIMS PROGRAM. (f) An owner's ability to replace the home as a result of a fire or natural disaster cannot be restricted. 1421, Sec. June 18, 2003. The statement required by Section 1201.205(7) is notice to all persons that the tax lien exists. 2019), Sec. Acts 2007, 80th Leg., R.S., Ch. 7, eff. The electronic statements are kept in online records to keep track of every mobile home in the State of Texas. Code, Chapter 1201). 2019), Sec. 4, eff. Sec. They also found a . (3) a copy of the statement of ownership has been filed in the real property records for the county in which the home is located. Acts 2017, 85th Leg., R.S., Ch. 1201.115. 1421, Sec. (b) A violation of this section does not create a cause of action or claim for damages for a consumer. (c) Under the manufactured homeowner consumer claims program, the department is not liable for and the director may not pay: (1) punitive, exemplary, double, or treble damages; or. September 28, 2011. Added by Acts 2001, 77th Leg., ch. 1201.456. RESCISSION OF CONTRACT FOR SALE OR EXCHANGE OF HOME. September 1, 2009. September 1, 2013. Amended by Acts 2003, 78th Leg., ch. (f) Repealed by Acts 2011, 82nd Leg., R.S., Ch. If that applicant is applying for a retailer's license, the related person must be a management official who satisfies the requirements of Subsections (a) and (a-2) for each retail location operated by the applicant. Texas Department of Housing and Community Affairs MANUFACTURED HOUSING DIVISION P. O. 408 (H.B. STATE INSPECTORS. Acts 2011, 82nd Leg., R.S., Ch. June 1, 2003. Automobile appointments are required for vehicle transactions such as title transfers, homemade trailers, new residents (vehicles that have never been registered in Texas). If the home does not have a required Texas Seal or HUD Label, you will need to indicate that information in Block 2b. 1079 (H.B. (2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355. 85(3), eff. (a) At the first retail sale of a manufactured home, the retailer shall provide for the installation of the home and ensure that the application for the issuance of a statement of ownership is properly completed. Amended by Acts 2003, 78th Leg., ch. Section 1601 et seq.). A person is not legally allowed to buy, transfer, or sell a mobile home without a certificate of title or Statement of Ownership or Location (SOL). EXCEPTIONS TO LICENSE REQUIREMENT. 2019), Sec. (e) A new statement of ownership issued by the department under this section transfers, free of any liens, if there is evidence of United States Postal Service return receipt from all lienholders, title to the manufactured home to the real property owner. 408 (H.B. Sec. 1460), Sec. 863 (H.B. January 1, 2008. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP. 1201.352. Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003. 66, eff. The warranty requirement imposed by Section 1201.455 does not apply to a sale or exchange of a used manufactured home from one consumer to another. The term does not include: (A) a manufactured home that was used as a sales model at a licensed retail location; or. Thereafter, if the consumer exercises the consumer's three-day right of rescission in accordance with Section 1201.1521, the retailer shall, not later than the 15th day after the date of the rescission, refund to the consumer all money and other consideration received from the consumer, with only the allowable deduction for real property appraisal and title work expenses in accordance with Section 1201.1511. When you conduct a title search, you will need to provide the complete serial number, Texas Seal number or HUD label for the mobile home, the address of the property, and the first and last name of the current or legal owner. 1284 (H.B. (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. (c) If the department issues a statement of ownership to an owner of a manufactured home treated as personal property, the statement of ownership on file with the department is evidence of ownership of the home. The Manufactured Housing Division (MHD) is an independent Division within the Texas Department of Housing and Community Affairs. 3.16, eff. Under the TDHCA Manufactured Housing Rules, Subchapter G, when a mobile homeowner wants to transfer title or sell to a new owner, instead of issuing a mobile home title, the Division issues a "Statement of Ownership.". September 1, 2017. Acts 2007, 80th Leg., R.S., Ch. (d) The department may issue an amended report and order if all parties receive notice of and are given an opportunity to respond to that report and order. Please visit. 1421, Sec. Calling 800-500-7074. SUFFICIENCY OF FORMALDEHYDE HEALTH NOTICE; RETAILER AND MANUFACTURER COMPLIANCE. SECURITY: LOCATION. 1460), Sec. 1201.410. How to File for a Homestead Exemption in Texas, How to Transfer a Land Title in Bexar County, Texas, Applying for a Statement of Ownership (PDF), Texas Department of Housing and Community Affairs, Manufactured Housing Division: Frequently Asked Questions: Statement of Ownership and Location, Texas Department of Housing and Community Affairs, Manufactured Housing Division:Statement of Ownership and Location (SOL) Application Instructions, Texas Department of Housing and Community Affairs, Manufactured Housing Division: Consumer Protection and General Information, Texas Department of Housing and Community Affairs, Manufactured Housing Division: APPLICATION FOR STATEMENT OF OWNERSHIP. Over one-quarter of manufactured home owners earn less than $20,000 annually and two-thirds earn less than $50,000 annually. | https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/. The MHD maintains centralized records about a manufactured home known as a Statement of Ownership and Location (the "Statement"). 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. An incomplete application can also delay processing. This subsection does not prohibit the collection of actual costs incurred by a local governmental unit that result from the transportation of a manufactured home. 1079 (H.B. 19, eff. 32, eff. . 1460), Sec. 1201.006. September 1, 2017. Part 1026. 2, eff. 2019), Sec. Acts 2017, 85th Leg., R.S., Ch. June 18, 2005. 1460), Sec. (c) An applicant for a salesperson's license may apply for a license without having completed the course of instruction if the person successfully completes the course not later than the 90th day after the date of the person's licensure. 863 (H.B. 2238), Sec. statement of ownership manufactured home; texas department of housing and community affairs manufactured housing division; texas mobile home . June 18, 2005. 2438), Sec. 14A.256(a), eff. Added by Acts 2003, 78th Leg., ch. 3361), Sec. 77, Sec. 1201.252. (b) For a preliminary determination that has been disputed to become final and valid, the department shall make any changes the director determines to be appropriate and issue another written preliminary determination as to the responsibility and liability of the manufacturer, retailer, broker, and installer. (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. The director shall publish notice and conduct a public hearing before: (1) adopting a standard or requirement authorized by this subchapter; (2) amending a standard authorized by this subchapter; or. (31) 85(5), eff. Without reference to the amendment of this subsection, this subsection was repealed by Acts 2007, 80th Leg., R.S., Ch. (c) This chapter shall be liberally construed to promote its policies and accomplish its purposes. This memorandum surveys U.S. economic sanctions and anti-money laundering ("AML") developments and trends in 2022 and provides an outlook for 2023. September 1, 2017. TTY (512) 389-8915. internal.affairs@tpwd.texas.gov. INSTALLATION OF MANUFACTURED HOUSING. A retailer may require a deposit on a specially ordered manufactured home. If the department rejects an application, the department shall provide a clear and complete explanation of the reason for the rejection and instructions on how to cure any defects, if possible. 77 (H.B. September 1, 2009. (a) If the director refuses to issue or suspends or revokes a statement of ownership, the director shall give, by certified mail, written notice of that action to: (1) the seller and purchaser or transferor and transferee, as applicable; and. Sec. This online feature allows License Holders to submit a inventory of homes which have been damaged by weather conditions and cannot be sold . The hearing shall be governed by Chapter 2001, Government Code. On the Statement of Ownership application form on the TDHCA website, check Used under Personal Property Transaction on Block 1, check personal property on Blocks 2-6, and only fill out Block 7 if the home is being designated as Non-Residential or Salvage. 863 (H.B. September 1, 2017. With regard to new manufactured homes, both the installer and the retailer are responsible for the warranty of installation. You may check that division's records through its website or contact that division to learn any recorded tax liens. 1201.010. 1201.056. (e) The final determination may be appealed to the board on or before the 10th day after the date of its issuance by giving written notice to the director, who shall place the matter before the board at the next meeting held on a date for which the matter could be publicly posted as required by Chapter 551, Government Code. Acts 2007, 80th Leg., R.S., Ch. 338, Sec. The instruction under this subsection is in addition to the instruction required under Subsection (a). An uninstalled manufactured home may not be occupied for any purpose other than to view the home on a retailer's sales lot. document.returnValue = false; Added by Acts 2009, 81st Leg., R.S., Ch. It was reduced to $2,000.00 when the seller agreed to cease further activity contrary to the law. APPLICABILITY OF BUSINESS & COMMERCE CODE. Added by Acts 2001, 77th Leg., ch. 15(3), eff. Amended by Acts 2003, 78th Leg., ch. USED OR SALVAGED MANUFACTURED HOMES. 1201.107. 16, eff. 1201.503. Shop the Trumh mobile homes and manufactured homes from Mobile Home Corpus Christi, one of the best sellers for TRU manufactured homes. 2, eff. 2, eff. June 1, 2003. (b) The consumer's written acknowledgement of the receipt of the notice is conclusive proof of the delivery of the notice and the posting of the notice in compliance with federal regulations. 52, eff. 1460), Sec. (2) whether the complaint is covered by the manufacturer's, retailer's, or installer's warranty and, if so, which of those warranties. Sec. (21-a) "Nonresidential use" means use of a manufactured home for a purpose other than as a permanent or temporary residential dwelling. 4 (S.B. (a) A manufacturer may not sell or exchange, or offer to sell or exchange, a manufactured home to a person in this state who is not a licensed retailer. Sec. First, contact the Texas Department of Housing and Community Affairs - Manufactured Housing Division at 800-500-7074 or 512-475-2200 and explain your exact situation. (b) A person is not required to be a broker licensed under this chapter but may be required to be a real estate broker or salesperson licensed under Chapter 1101 if: (1) the manufactured home is attached; and. (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. 1201.256. Sec. 85(4), eff. 10, eff. 6, eff. 1201.1505. Louisiana [pronunciation 1] (French: La Louisiane (); Spanish: Luisiana) is a state in the Deep South and South Central regions of the United States.It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states.Louisiana is bordered by the state of Texas to the west, Arkansas to the north, Mississippi to the east, and the Gulf of Mexico to the south. 93-533) and its implementing regulations, a retailer shall deliver to a consumer at least 24 hours before the sales purchase contract is fully executed the contract, with all required information included, signed by the retailer. 408 (H.B. 77 (H.B. (h) An examination must be a requirement of successful completion of any initial required course of instruction under this section. Acts 2017, 85th Leg., R.S., Ch. Our new location is: George H.W. D. EPARTMENT OF . Acts 2007, 80th Leg., R.S., Ch. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 14, eff. 3.04, eff. Sec. September 1, 2017. DISCLAIMER OF IMPLIED WARRANTY. 1421, Sec. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership.