Current through Vol. 24-16, September 15, 2024
Rule 411.
(1) A
retailer or agent of a retailer shall not do any of the following:
(a) Aid or abet an unlicensed person to evade
the provisions of the act or these rules.
(b) Knowingly combine or conspire with, or be
acting as an agent, partner, or associate for, an unlicensed person.
(c) Allow one's license to be used by an
unlicensed person.
(d) Be acting as
or be an apparent licensed retailer for an undisclosed person or persons who do
or will control or direct, or who may have the right to control or direct,
directly or indirectly, the business operations or performance, or both, of the
licensee.
(e) Buy or acquire,
directly or indirectly, an interest in a home that is listed with the retailer,
unless the true position of the retailer or agent is clearly made known in
writing, to the listing owner.
(f)
Acquire, directly or indirectly, an option to purchase a particular home,
unless the true position of the retailer or agent is clearly known through a
written notice to the homeowner of the particular home who requested the
services of the retailer or agent to transact the brokering of the particular
home.
(g) When buying or acquiring
an interest in a home, directly or indirectly, charge or accept from the
seller, directly or indirectly, a commission, fee, or other valuable
consideration as a result of the sale of the home in the transaction without
receiving the seller's previous written consent to the specified consideration,
given after the notice provided in subdivision (f) of this subrule.
(h) Enter into a net listing agreement with a
homeowner or seller in which the retailer receives, as its payment, all monies
in excess of the minimum sales price agreed upon by the retailer and the
seller.
(2) Upon a
request by the department, a retailer shall present proof of compliance with
this rule.
(3) A retailer shall not
purchase or otherwise acquire a home from a person unless the certificate of
manufactured home ownership for the home is conveyed to the retailer by the
current homeowner or homeowners, their legal heirs, or their designated
agent.
(4) A retailer shall not
enter into a listing agreement with any person other than the person or persons
indicated on the certificate of manufactured home ownership, their legal heirs,
or their designated agent.
