Ala. Admin. Code r. 535-X-10-.07

Current through Register Vol. 43, No. 1, October 31, 2024

Section 535-X-10-.07 - Effect

(1) The provisions of this chapter shall not be construed to apply to

(a) the sale, transfer, or consignment of a used manufactured home to a dealer.

(b) transfers and assumptions.

(2) Nothing in this chapter shall apply to any assignee or shall in any way limit the rights, remedies, and defenses otherwise available to any assignee, except that in the event an assignee, in the course of a foreclosure sale conducted by said assignee, offers a used manufactured home for sale, then before selling any such used manufactured home to a consumer the assignee shall comply with the requirements set out in Rules 535-X-10-.04 and 535-X-10-.05 of this chapter; provided, however, that an assignee shall not be required to comply with said Rules 535-X-10-.04 and 535-X-10-.05 of this chapter when the assignee delivers or causes the used manufactured home to be delivered into the possession or custody of a dealer who subsequently arranges a sale of the used manufactured home to a consumer. In such event the dealer having possession or custody of the unit at the time the sale is made to the consumer shall be required to comply with Rules 535-X-10-.04 and 535-X-10-.05 of this chapter with respect to that unit.

(3) To the extent an assignee is required by paragraph (2) above to comply with the requirements set out in Rules 535-X-10-.04 and 535-X-10-.05 of this chapter, then if the used manufactured home is sold on site in the field, then receipt by the assignee of a statement signed by the consumer buyer, stating that the buyer has received the completed Mobile Home Buyer's Guide and has received the seal of the Alabama Manufactured Housing Commission and has placed it on the inside door of the electric panel, shall constitute full compliance by the assignee with the provisions of Rules 535-X-10-.04 and 535-X-10-.05 of this chapter.

Author: Jim Sloan

Ala. Admin. Code r. 535-X-10-.07

Filed August 21, 1987. Amended: Filed May 10, 2002; effective June 14, 2002. Amended: Filed November 5, 2003; effective December 10, 2003.

Statutory Authority:Code of Ala. 1975, §§ 24-5-1 - 24-5-14; 24-5-30 - 24-5-34; 24-6-1 - 24-6-4.