02-385-350 Me. Code R. § 3

Current through 2024-51, December 18, 2024
Section 385-350-3 - Prohibited Practices
A.Fraud or Deceit

No licensee may engage in the practice of fraud or deceit in connection with the manufacture, sale, offering for sale, brokering, distribution, installation or service of manufactured housing.

B.Incompetence
(1) No licensee may engage in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee.
(2) No licensee may engage in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which the license was issued.
C.Lack of Trustworthiness or Financial Responsibility

No licensee may engage in conduct that demonstrates a lack of trustworthiness or financial responsibility.

D.Failure to Maintain Good Business Reputation

No licensee may fail to maintain a good business reputation.

E.Prohibited Contracting for Installation or Service

No licensee may contract with an installer or mechanic to install or service a home unless the installer or mechanic is licensed by the board and the contracted work is within the scope of the license.

F.Recommendation of Unlicensed Installer or Mechanic Prohibited

No licensee may recommend an installer or mechanic to a purchaser for the installation or service of manufactured housing unless the installer or mechanic is a licensee of the board.

G.Prohibited Contract for Trade Services by Unlicensed Person

No licensee may contract for electrical, plumbing oil burner or propane work in connection with the installation or servicing of a home unless the contractor is properly licensed to perform the work by the appropriate licensing board within the Department of Professional and Financial Regulation, Office of Licensing and Registration.

H.Recommendation of Unlicensed Trades person Prohibited

No licensee may recommend an electrician, plumber, oil burner technician or propane/natural gas technician to a purchaser in connection with the installation or servicing of a home unless the electrician, plumber, oil burner technician or propane/natural gas technician is properly licensed to perform the work by the appropriate licensing board within the Department of Professional and Financial Regulation, Office of Licensing and Registration.

I.Acceptance of Certain HUD-Code Homes Prohibited

No dealer may accept from a manufacturer a new HUD-code home that does not display the HUD label and a State of Maine Manufacturer Warranty Seal.

J.Acceptance of Certain State-Certified Modular Homes Prohibited

No dealer or developer dealer may accept from a manufacturer a new State-certified modular home that does not display a State of Maine Manufactured Housing Board Seal of Approval Certification of Compliance as a State-certified modular home and a State of Maine Manufacturer Warranty Seal.

K.Sale or Delivery of Certain HUD-Code Homes Prohibited

No manufacturer may sell or deliver into the State of Maine a new HUD code home that does not display the HUD Label label and a State of Maine Manufacturer Warranty Seal.

L.Sale or Delivery of Certain State-Certified Modular Homes Prohibited

No manufacturer may sell or deliver into the State of Maine a new State-certified modular home that does not display a State of Maine Manufactured Housing Board Seal of Approval Certification of Compliance as a State-certified modular home and a State of Maine Manufacturer Warranty Seal.

02-385 C.M.R. ch. 350, § 3