Iowa Administrative Code
Agency 661 - PUBLIC SAFETY DEPARTMENT
Chapter 372 - MANUFACTURED OR MOBILE HOME RETAILERS, MANUFACTURERS, AND DISTRIBUTORS
Rule 661-372.6 - Sale or transfer of manufactured or mobile homes
Universal Citation: IA Admin Code 661-372.6
Current through Register Vol. 46, No. 19, March 20, 2024
The following criteria apply to the sale or transfer of manufactured or mobile homes.
(1) Retailer sales.
a. A
manufactured home, which was manufactured on or after June 15, 1976, and which
is owned by a retailer, shall not be offered for sale unless the retailer has a
properly assigned manufacturer's certificate of origin or a certificate of
title, a seal from the United States Department of Housing and Urban
Development properly attached, a data plate attached by the manufacturer, and a
manufacturer's installation manual for the home, if the manual is available to
the retailer. A retailer shall not sell a manufactured or mobile home owned by
the retailer without delivering to the transferee a manufacturer's certificate
of origin or a certificate of title duly assigned to the transferee.
b. A used manufactured or mobile home with an
Iowa title assigned to the retailer shall not be reassigned by the retailer.
After acquiring the used home, the retailer shall obtain a new certificate of
title as required by law.
(2) Transfers. A manufactured or mobile home not owned by a retailer may be offered for sale and sold by a retailer under the following conditions:
a. The manufactured or mobile home owner and
retailer shall enter into a written listing agreement, signed by the owner or
by one owner of a manufactured or mobile home owned jointly by more than one
person, and signed by the retailer, which shall be dated and include the
following provisions:
(1) The make, model
year, and vehicle identification number.
(2) The period of time that the agreement
shall remain in force.
(3) The
commission or other remuneration that the retailer is entitled to
receive.
(4) The price for which
the manufactured or mobile home shall be sold.
(5) The name and address of the secured
party, if the manufactured or mobile home is subject to a security
interest.
(6) Any additional terms
to which the owner(s) and retailer agree.
b. If current taxes have not been paid, the
taxes and penalties shall be paid from the proceeds of the sale.
c. The retailer shall inform a prospective
purchaser of a manufactured or mobile home that the home is not owned by the
retailer and, if requested by a prospective purchaser, provide the name and
address of the owner(s).
d. An
offer to purchase a manufactured or mobile home shall be in writing.
e. The retailer shall make a written
disclosure to the purchaser of the description of the manufactured or mobile
home; the name and address of the owner; if the home is subject to a security
interest, the name and address of the secured party; and, if the current taxes
have not been paid, the amount of taxes and penalties due. The disclosure
statement shall be signed and dated by the transferee. The disclosure statement
shall be in duplicate. The original shall be given to the transferee and the
duplicate retained by the retailer, at the retailer's principal place of
business, for a period of three years.
f. The documents required pursuant to this
subrule shall be made available to the commissioner or any designee of the
commissioner for inspection upon request.
Disclaimer: These regulations may not be the most recent version. Iowa may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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