1201.604. (a) Notwithstanding any other statute or rule or ordinance, a licensed retailer or licensed installer is not required to obtain a permit, certificate, or license or pay a fee to transport manufactured housing to the place of installation except as required by the Texas Department of Motor Vehicles under Subchapter E, Chapter 623, Transportation Code. An appointment is NOT required for vehicle registration renewals, special plates, replacement registration/plates, disabled placards, or disabled plates. 408 (H.B. They will need to discharge or pay off lien holders before moving the home or get their written consent for the move. 17, eff. 2, eff. 1421, Sec. An appeal is a contested case governed by Chapter 2001, Government Code. (f-1) A retailer may not be licensed to operate more than one location under a single license. } 1460), Sec. 2438), Sec. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods and any right of rescission, and bears the signature of all of the consumers entitled to the disclosures and right of rescission. 6, eff. 1460), Sec. 85(5), eff. 77 (H.B. September 1, 2009. ); and. A second or subsequent conviction for an offense under this section is a Class A misdemeanor. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 1460), Sec. June 18, 2005. 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. An owner may elect to treat a manufactured home as real property only if the home is attached to: (2) land leased to the owner of the . September 1, 2017. (2) provide for the effective enforcement of all HUD-code manufactured housing construction and safety standards in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. (g) After a real property election is perfected under Subsection (e): (1) the home is considered to be real property for all purposes; and. (B) includes the plumbing, heating, air conditioning, and electrical systems of the home. 34(1), eff. (17) "License holder" or "licensee" means a person who holds a department-issued license as a manufacturer, retailer, broker, salesperson, or installer. Sec. Tax liens shall be filed by the tax collector for any taxing unit having the power to tax the manufactured home. 18, eff. An advertisement relating to manufactured housing is an offer to sell or exchange manufactured housing to consumers. Sec. 59, eff. . 408 (H.B. 1460), Sec. (a) A licensed installer may employ unlicensed persons to assist in performing installation functions provided that the licensed installer maintains a list of the persons so employed. 1460), Sec. 26, eff. Description - Texas Statement of Ownership and Location. (b) Except as provided by Subsection (a) and subject to Subsection (d), a lien on a manufactured home is perfected only by filing with the department the notice of lien on a form provided by the department. 12, eff. 3361), Sec. (c) Installation of a manufactured home considered to be real property under this chapter must occur in a manner that satisfies the lending requirements of the Federal Housing Administration (FHA), Fannie Mae, or Freddie Mac for long-term mortgage loans or for FHA insurance. June 18, 2005. Acts 2013, 83rd Leg., R.S., Ch. When a property owner submits an application for a Statement of Ownership (title) to the Texas Department of Housing and Community Affairs (TDHCA), that office may request that the applicant also submit proof of property tax payment. 1201.605. Tarrant County Tax Office. 45, eff. January 1, 2008. 338, Sec. 530 (S.B. 338, Sec. 408 (H.B. 5, eff. The reasonableness of the insurer's judgment that the cost of repairing the home would exceed the full insured value of the home does not affect whether the home is salvaged. (2) investigate the claim and issue a preliminary determination, giving the consumer, the licensee, and any surety an opportunity to resolve the matter by agreement or to dispute the preliminary determination. 338, Sec. 17, 18, eff. 25, eff. } June 18, 2005. 1421, Sec. (c) The Texas Department of Motor Vehicles shall provide to the department monthly a list of the permits issued in the preceding month and the information on the permits. 61, eff. 2438), Sec. 3361), Sec. The seller's proper provision of the warranties and notices as required by Subchapter H or J is a valid disclaimer of an implied warranty of fitness for a particular purpose or of merchantability as described by Chapter 2, Business & Commerce Code. (a) Except as provided by Subsection (b) or Section 1201.206(k), the department may not issue a statement of ownership for a manufactured home that is being converted from personal property to real property until: (1) each lien on the home is released by the lienholder; or. 31, eff. 1079 (H.B. Without limiting the generality of the foregoing, this includes engaging others to install, connect, or otherwise work on air conditioning, plumbing, and electrical systems. January 1, 2008. (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. Acts 2007, 80th Leg., R.S., Ch. 1510), Sec. 1460), Sec. (b) On receipt of a verified complaint, the department shall: (1) notify each appropriate license holder and the issuer of any surety bond issued in connection with their licenses; and. LICENSE APPLICATION. (a) The director may inspect manufactured homes at the state border and adopt rules necessary for the inspection of manufactured homes entering this state to ensure: (A) the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. September 1, 2011. You can use retailers such as MobileHomeHQ to help you sell your property for cash, even without a title. Fees are nonrefundable. 1460), Sec. 1284 (H.B. Mailing of the notice by certified mail, return receipt requested, postage prepaid, to the persons required to be notified by this subsection constitutes conclusive proof of compliance with this subsection. 8, eff. Acts 2011, 82nd Leg., R.S., Ch. https://codes.findlaw.com/tx/tax-code/tax-sect-11-432/, Read this complete Texas Tax Code - TAX 11.432. 408 (H.B. Acts 2017, 85th Leg., R.S., Ch. LIMITATIONS ON CLAIMS. (C) does not include a recreational vehicle as defined by 24 C.F.R. Those terms may not be defined in a manner that is not identical to the definitions provided by Section 1201.003. Sec. 1460), Sec. (a) To recover under the manufactured homeowner consumer claims program, a consumer must file a written, sworn complaint in the form required by the director not later than the second anniversary of: (1) the date of the alleged act or omission causing the actual damages; or. 1460), Sec. 74.07, eff. 38, eff. (c) If the department experiences significant problems in obtaining timely reimbursements from a surety or the surety has experienced a deterioration in its financial condition, the board may direct the director to stop accepting bonds issued by the surety. 2019), Sec. Added by Acts 2001, 77th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. 408 (H.B. 4 (S.B. 16, eff. Keep in mind there may be additional closing forms required. In this Buying a Mobile Home in Texas: Everything You Need to Know, Application for Statement of Ownership and Location (SOL), Manufactured Home Ownership Records database, Questions To Ask When Buying A Used Mobile Home. Acts 2009, 81st Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. (b) If a surety files for liquidation or reorganization in bankruptcy or is placed in receivership, the license holder shall obtain other security not later than the 60th day after the date that notice of the filing or receivership is received. DECEPTIVE TRADE PRACTICES. Any fees must be paid through certified funds, cashiers check, or money order made payable to TDHCA/MHD. 1201.503. June 1, 2003. housing division of the Texas Department of Housing and Community Affairs under Section 1201.207, Occupations Code, showing that the individual applying for the exemption is the owner of the manufactured June 18, 2005. 338, Sec. 1460), Sec. (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). 54, eff. 338, Sec. //help_ftr_01_05o = new Image(38, 28);help_ftr_01_05o.src = '/images/help_nav_over.gif'; 85(5), eff. (B) the most economical and efficient means to address those problems and serve the public interest. 338, Sec. The heart of the home is its large living room and kitchen/dining area. 1460), Sec. 7, eff. September 1, 2017. Sec. 408 (H.B. (d) A manufacturer, retailer, or installer entitled to indemnification under this section is a consumer for purposes of Subchapter I and may recover actual damages from the manufactured homeowner consumer claims program. 863 (H.B. 3361), Sec. Added by Acts 2003, 78th Leg., ch. 408 (H.B. Bush State Office Building. 1201.062. 863 (H.B. 16, eff. Sept. 1, 2003. (f) A retailer's or manufacturer's knowing and wilful failure, from September 1, 1981, to September 1, 1985, to comply with Section 1201.153 and the revised formaldehyde warning as adopted by the department is conclusive proof that: Sec. (a) Notwithstanding any other provision of this subchapter and on a written application by the purchaser or transferee, the director may give express written authorization to a licensed retailer to sell or exchange a used manufactured home that is not or may not be habitable to or with a governmental housing agency or authority or to a nonprofit organization that provides housing for the homeless. (a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home. 2, eff. (b) On request, the department shall authorize a local governmental unit in this state to perform an inspection or enforcement activity related to the construction of a foundation system or the erection or installation of manufactured housing at a homesite under a contract or other official designation and rules adopted by the board. 3.03, eff. Sec. 85(1), eff. HABITABILITY: CHANGE TO OR FROM NONRESIDENTIAL USE OR SALVAGE. INFORMATION ONLY , Appraisal District is NOT affiliated with the Texas Department of Housing and Community Affairs. 4, eff. You will need to pay a $55 issuance fee for a new SOL. 62, eff. 1460), Sec. Sec. 863 (H.B. (f) This section does not require a retailer or retailer's agent to obtain a license under Chapter 1101. Acts 2017, 85th Leg., R.S., Ch. The department may not charge a fee for the inspection. Our call center, as well as Audi Financial Services, remain open and accessible to serve our customers. (a) The formaldehyde health notice required by Section 1201.153 is sufficient, as a matter of law, to advise a consumer of the risks of occupying a HUD-code manufactured home. Acts 2017, 85th Leg., R.S., Ch. 5, eff. 2019), Sec. 2019), Sec. A retailer may require a deposit on a specially ordered manufactured home. 47, eff. (a) The legislature finds that: (1) there is a growing need to provide state residents with safe, affordable, and well-constructed housing; (2) manufactured housing has become a primary housing source for many state residents; (3) statutes and rules in effect before September 1, 1969, were inadequate to: (B) prevent certain discrimination in this state regarding manufactured housing; (A) protecting state residents who want to purchase manufactured housing by regulating the construction and installation of manufactured housing; (B) providing economic stability to manufactured housing manufacturers, retailers, installers, and brokers; and, (C) providing fair and effective consumer remedies; and. (800) 792-1112. The SOL application also details all the pertinent information about the mobile home, the seller (s), the buyer (s), and even the closing details will be made public record. January 1, 2008. September 1, 2017. (c) Except with respect to any change in use, servicing of a loan on a manufactured home, release of a lien on a manufactured home by an authorized lienholder, or change in ownership of a lien on a manufactured home, but subject to Section 1201.2075, if the department has issued a statement of ownership for a manufactured home, the department may issue a subsequent statement of ownership for the home only if all parties reflected in the department's records as having an interest in the manufactured home give their written consent or release their interest, either in writing or by operation of law, or the department has followed the procedures provided by Section 1201.206(k) to document ownership and lien status. (a) The director may employ state inspectors to: (1) carry out the functions the department is required to perform under this chapter; (3) enforce the rules adopted and orders issued under this chapter. 2019), Sec. to the Texas Department of Housing and Community Affairs during an application cycle that is based on the 2024 qualified allocation plan or a subsequent plan . 863 (H.B. (a) A manufacturer's certificate must show: (1) on a form prescribed by the director, the original transfer of a manufactured home from the manufacturer to the retailer; and. June 18, 2005. 408 (H.B. document.returnValue = true; June 18, 2005. 2238), Sec. Click here to access an Open Records Request form. Amended by Acts 2003, 78th Leg., ch. 3, eff. 2019), Sec. 863 (H.B. License Holder Name [Help] Associate First Name. (5) "Inventory" means new and used manufactured homes that: (A) a retailer has designated as the retailer's inventory for sale pursuant to the process implemented by the department; and. 38, eff. 1201.109. Online Statement of Ownership Applications User Guide (PDF) Reporting Weather Damaged Homes. If a retailer sells the home, but does not help the buyer or provide them with the documents they need to file for Statement of Ownership, the buyer can file a complaint with the TDHCA using its Consumer Complaint form. Acts 2017, 85th Leg., R.S., Ch. The consumer shall return the completed application to the retailer. TRANSFER OF OWNERSHIP BY OPERATION OF LAW. (2) "Affiliate" means a person who is under common control. Added by Acts 2003, 78th Leg., ch. (3) "First retail sale" means a consumer's initial acquisition of a new manufactured home from a retailer by purchase or exchange. Manufactured Homeowners' Recovery Trust Fund. 1201.1505. Acts 2017, 85th Leg., R.S., Ch. 2019), Sec. 1276, Sec. 2238), Sec. June 1, 2003. 73(a)(3), eff. 1201.359. (d) After consideration of the comments, if any, the director shall issue a final determination. 1421, Sec. Added by Acts 2001, 77th Leg., ch. (a) The manufacturer of a new HUD-code manufactured home shall warrant, in a separate written document, that: (1) the home is constructed or assembled in accordance with all building codes, standards, requirements, and regulations prescribed by the United States Department of Housing and Urban Development under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. Houston, Texas 77210-2109. September 1, 2017. 1460), Sec. APPLICABILITY OF BUSINESS & COMMERCE CODE. View Ownership Records : No Prior Ownership Record - Pending Application with RAI Issued: . 1814), Sec. You may check that division's records through its website or contact that division to learn any recorded tax liens. Acts 2007, 80th Leg., R.S., Ch. 73(a)(3), eff. Acts 2009, 81st Leg., R.S., Ch. (a) Sections 1201.204, 1201.205, 1201.206, and 1201.207 do not apply to the purchase of a manufactured home that is purchased by a federal governmental agency and used to provide temporary housing in response to a natural disaster or other declared emergency. A buyer who does not go through an attorney, lender or title company to convert a home to real property should contact the county clerk to ask about fees, requirements and procedures for recording the document. (c) If payment to the manufactured homeowner consumer claims program of a claim is not made by the surety or from the other security in a timely manner, the attorney general shall file suit for recovery of the amount due the manufactured homeowner consumer claims program. (c-1) An individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of an entity that is licensed as a retailer or broker may act on behalf of that license holder in the capacity of a retailer, broker, or salesperson without holding the appropriate license if at least one individual who is listed as an owner, principal, partner, corporate officer, registered agent, or related person of the entity has satisfied the requirements of Sections 1201.104 and 1201.113. ELECTION BY OWNER. (d) Notwithstanding Subsection (c), the director may, in limited and appropriate circumstances and in accordance with rules adopted by the board, approve the refund of fees. Amended by Acts 2003, 78th Leg., ch. (d) If the approval of a continuing education program expires between regularly scheduled board meetings, the director may, on receipt of the required renewal application, fee, and necessary documentation of education material, approve the continued administration of the program until the next board meeting. (2) the holder of a lien or security interest of record. 39, eff. June 18, 2003. 21, eff. 1510), Sec. September 28, 2011. Acts 2013, 83rd Leg., R.S., Ch. Home ownership data was last updated on 03/03/2023. (b) The standards and requirements adopted under Subsection (a)(1) are the standards code. 85(5), eff. 338, Sec. However, the manufactured home's conversion to real property is incomplete until a certified copy of the document is recorded with the county of location. Acts 2013, 83rd Leg., R.S., Ch. 863 (H.B. 2019), Sec. (g) When an application is filed for the issuance of a statement of ownership for a used manufactured home that is not in a retailer's inventory or is being converted from personal property to real property in accordance with Section 1201.2075, a statement from the tax assessor-collector for the taxing unit having power to tax the manufactured home shall also be filed with the department. Amended by Acts 2003, 78th Leg., ch. (2) the existence of all tax liens on that home for which notice has been filed with the department. 1276, Sec. The delivery of the contract, with all required information included, signed by the retailer constitutes a firm offer by the retailer. January 1, 2008. 3361), Sec. 46 (H.B. PAYMENT BY SURETY OR FROM OTHER SECURITY. (e) Notwithstanding any zoning or other law, in the event that a manufactured home occupies a lot in a municipality, the owner of the manufactured home may remove the manufactured home from its location and place another manufactured home on the same property, provided that the replacement is a newer manufactured home and is at least as large in living space as the prior manufactured home. Acts 2007, 80th Leg., R.S., Ch. 1201.303. 1421, Sec. ), Subchapter I, Chapter 16, Water Code, and any other applicable local, state, or federal law, and ensures the consumer's compliance with applicable law by requiring the evidence described by Subsection (c), a retailer, broker, or salesperson who sells or exchanges a new or used manufactured home to a consumer for use as a permanent dwelling in this state may not: (1) deliver or arrange for the delivery of the home to a homesite in a special flood hazard area designated by the director of the Federal Emergency Management Agency; (2) install or arrange for the installation of the home at a homesite in that area; or. SUBCHAPTER B. 2438), Sec. (b) Conspicuous notice of the warranty exception under Subsection (a) must be given to the consumer at the time of sale. 408 (H.B. 45, eff. 1201.004. Added by Acts 2001, 77th Leg., ch. 35, eff. If you have any additional questions, please . 58, eff. (c) A seal issued to a tax appraiser or tax assessor-collector is for identification purposes only and does not imply that: (2) a purchaser of the home at a tax sale may obtain a new statement of ownership from the department without an inspection for habitability. (12) any other information the board requires. (4) "Attached" in reference to a manufactured home means that the home has been: (A) installed in compliance with the rules of the department; and. June 1, 2003. She holds a B.A. REAL PROPERTY APPRAISAL AND TITLE WORK EXPENSES. Sec. Sec. Sec. 863 (H.B. PROHIBITED REAL ESTATE TRANSACTION. . 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. Sec. Acts 2011, 82nd Leg., R.S., Ch. June 18, 2003. The period needed to complete an examination under this subsection may not be used to satisfy the minimum education requirements under Subsection (a), (a-2), (a-3), or (a-4). 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. (5) if administration of an estate is not necessary, an affidavit by all of the heirs at law showing: (A) that administration is not necessary; and. (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. In that instance, the director shall issue the same order for corrective action to the retailer with a new time frame not to exceed 10 days unless additional time is needed for compliance upon a showing of good cause. Sec. 1, eff. To apply for a duplicate certificate of title the owner of record needs to complete the form Request for Duplicate Title (DMV-4-TR), with a lien release (if applicable), and include a copy of . Sec. (b) To protect the public health, safety, and welfare and to ensure the availability of low cost manufactured housing for all consumers, the director shall adopt rules to: (1) protect the interests of consumers who occupy or want to purchase or install manufactured housing; and. (e) Repealed by Acts 2003, 78th Leg., ch. Sec. Acts 2005, 79th Leg., Ch. CONSUMER COMPLAINT HOME INSPECTION. (b-1) Notwithstanding any other law, a lien perfected with the department may be released only by filing a request for the release with the department on the form provided by the department or by following the department's procedures for electronic lien release on the department's Internet website. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. (a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if: (1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and. (a) Failure by the manufacturer, retailer, or installer to show good cause under Section 1201.357(a) is a sufficient basis for suspension or revocation of the manufacturer's, retailer's, or installer's license. (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. Questions or comments, please call 1-800-500-7074. If the seller files the SOL form after 60 days, they can face a fee of up to $100. If the person made the subject of the order files a written request for a hearing with the director, the order shall be deemed to have been appealed and shall be a contested case under Chapter 2001, Government Code.