A. A license may be denied, suspended, or revoked by the Board on any one or more of the following grounds:
1. Material misstatement in application for license;
2. Failure to pay required assessment to the Manufactured Housing Recovery Fund;
3. Engaging in the business of a manufactured home manufacturer, dealer, broker, or salesperson without first obtaining a license from the Board;
4. Failure to comply with the warranty service obligations and claims procedure established by this chapter;
5. Failure to comply with the set-up and tie-down requirements of the Code;
6. Having knowingly failed or refused to account for or to pay over moneys or other valuables belonging to others which have come into the regulant's possession arising from the sale of manufactured homes;
7. Use of unfair methods of competition or unfair or deceptive commercial acts or practices;
8. Failure to appear before the Board upon due notice or to follow directives of the Board issued pursuant to this chapter;
9. Employing unlicensed retail salespersons;
10. Knowingly offering for sale the products of manufacturers who are not licensed pursuant to this chapter or selling to dealers not licensed pursuant to this chapter manufactured homes which are to be sold in the Commonwealth to buyers as defined in this chapter;
11. Having had a license revoked, suspended, or denied by the Board under this chapter; or having had a license revoked, suspended or denied by a similar entity in another state; or engaging in conduct in another state which conduct, if committed in this Commonwealth, would have been a violation under this chapter;
12. Defrauding any buyer, to the buyer's damage, or any other person in the conduct of the regulant's business; or
13. Failure to comply with any provisions of this chapter.
B. The Board may revoke or deny renewal of an existing license or refuse to issue a license to any manufactured home broker, dealer, manufacturer or salesperson who is shown to have a substantial identity of interest with a manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed by the Board.
C. Any person whose license is revoked or not renewed by the Board shall not be eligible for a license under any circumstances or under any name, except as provided by regulations of the Board pursuant to § 36-85.18.
1991, c. 555; 1992, c. 223; 2008, c. 350.
Structure Code of Virginia
Chapter 4.2 - Manufactured Housing Licensing and Transaction Recovery Fund Law
§ 36-85.16:1. Certified mail; subsequent mail or notices may be sent by regular mail
§ 36-85.17. Manufactured Housing Board created; membership
§ 36-85.18. Powers and duties of Manufactured Housing Board
§ 36-85.19. License required; penalty
§ 36-85.20. Grounds for denying, suspending or revoking license
§ 36-85.21. Notice and hearing
§ 36-85.22. Set-up requirements; effect on insurance policies
§ 36-85.24. Presenting claims for warranties and defects
§ 36-85.26. Dealer alterations
§ 36-85.27. Determining length of manufactured homes
§ 36-85.28. Limitation on damages; disclosure to buyer
§ 36-85.29. Inspection of service records
§ 36-85.30. Other remedies not excluded
§ 36-85.31. Recovery fund to be established
§ 36-85.32. Recovery from fund generally
§ 36-85.33. Revocation of license upon payment from fund
§ 36-85.34. Disciplinary action by Board