143-143.17. Presenting claims for warranties and substantial defects.
(a) Whenever a claim for warranty service or about a substantial defect is made to a licensee, it shall be handled as provided in this Part. The licensee shall make a record of the name and address of each claimant and the date, substance, and disposition of each claim about a substantial defect. The licensee may request that a claim be in writing, but must nevertheless record it as provided above, and may not delay service pending receipt of the written claim.
(b) When the licensee notified is not the responsible party, he shall in writing immediately notify the claimant and the responsible party of the claim. When a responsible party is asked to remedy defects, it may not fail to remedy those defects because another party may also be responsible. Nothing in this section prevents a party from obtaining compensation by way of contribution or subrogation from another responsible party in accordance with any other provision of law or contract.
(c) Within the time limits provided in this Part, the licensee shall either resolve the claim or determine that it is not justified. At any time a licensee determines that a claim for warranty service is not justified in whole or in part he shall immediately notify the claimant in writing that the claim or part of the claim is rejected and why, and shall inform the claimant that he is entitled to complain to the Board, for which a complete mailing address shall be provided. (1981, c. 952, s. 2; 1987, c. 429, s. 19; 1999-393, s. 1; 2005-451, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
Article 9A - North Carolina Manufactured Housing Board Manufactured Home Warranties.
§ 143-143.10 - Manufactured Housing Board created; membership; terms; meetings.
§ 143-143.10A - Criminal history checks of applicants for licensure.
§ 143-143.11 - License required; application for license.
§ 143-143.11A - Notification of change of address, control of ownership, and bankruptcy.
§ 143-143.11B - Continuing education.
§ 143-143.13 - Grounds for denying, suspending, or revoking licenses; civil penalties.
§ 143-143.14 - Hearings; rules.
§ 143-143.15 - Set-up requirements.
§ 143-143.17 - Presenting claims for warranties and substantial defects.
§ 143-143.18 - Warranty service.
§ 143-143.19 - Dealer alterations.
§ 143-143.20 - Disclosure of manner used in determining length of manufactured homes.
§ 143-143.20A - Display of pricing on manufactured homes.
§ 143-143.21A - Purchase agreements; buyer cancellations.
§ 143-143.21B - Dealer cancellation; deposit refund.
§ 143-143.22 - Inspection of service records.
§ 143-143.23 - Other remedies not excluded.
§ 143-143.24 - Engaging in business without license a Class 1 misdemeanor.
§ 143-143.25 - Staff support for Board.
§ 143-143.50 - Escrow or trust account required.
§ 143-143.51 - Use of escrow or trust funds; penalty for violations.
§ 143-143.52 - Minimum requirements for dealer records for escrow or trust accounts at banks.