South Carolina Code of Regulations
Chapter 79 - DEPARTMENT OF LABOR, LICENSING AND REGULATION-- MANUFACTURED HOUSING BOARD
79-12 - Retail Dealer.
79-12. Retail Dealer.
(A) A retail dealer's license entitles its holder to engage in the business of selling, exchanging, buying for resale, offering or attempting to negotiate sales or exchanges of new and/or pre-owned manufactured homes. A person or entity that performs any of the transactions stated in this section for three (3) or more manufactured homes in any consecutive twelve (12) month period is required to be licensed as a retail dealer. The term retail dealer does not include:
(1) Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment or order of any court;
(2) Public officials while performing their official duties;
(3) Persons disposing of manufactured homes acquired for personal use, provided that said home is not used for the purpose of avoiding the provisions of this Act or Regulations;
(4) Licensed real estate salespersons or brokers who negotiate or sell a manufactured home for any individual who is the owner of not more than two manufactured homes;
(B) For licensing purposes each retail dealer location with an office shall be considered a separate entity and adhere to all licensing requirements.
(C) Each retail dealer location shall have one (1) authorized official representing the dealer. If the authorized official changes, the Board must be notified in writing within twenty (20) days.
(D) A retail dealer shall at all times display its license conspicuously at the place of business.
(E) A retail dealer shall maintain a physical location from which business can be conducted and where accounts and records shall be available for inspection during normal business hours by a representative of the Department. A post office box, secretarial service, telephone answering service, or similar entity does not constitute a physical location.
(F) A retail dealer's business sign of sufficient size to identify it shall be displayed outside the retail dealer's office.
(G) Each retail dealer shall display, in a conspicuous place in the office, notification of and the procedures for filing a complaint with the Board. The Board upon issuance of the retail dealer license shall provide a certificate of notification.
(H) As provided for in §40-29-80(B)(C), prohibited activity includes installing and repairing a manufactured home and working as a employee of a licensee whether or not the employment is in a position that requires a license from the Manufactured Housing Board.
HISTORY: Added by State Register Volume 29, Issue No. 2, eff February 25, 2005.