Effective: October 9, 2021
Latest Legislation: House Bill 263 - 133rd General Assembly
(A) The division of real estate shall deny the application of any person for a license as a manufactured housing dealer or manufactured housing broker and refuse to issue the license if the division finds that any of the following is true of the applicant:
(1) The applicant has made any false statement of a material fact in the application.
(2) The applicant has not complied with this chapter or the rules adopted by the division of real estate under this chapter.
(3) The applicant has habitually defaulted on financial obligations.
(4) The applicant has been guilty of a fraudulent act in connection with selling or otherwise dealing in manufactured housing or in connection with brokering manufactured housing.
(5) The applicant has entered into or is about to enter into a contract or agreement with a manufacturer or distributor of manufactured homes that is contrary to the requirements of this chapter.
(6) The applicant is insolvent.
(7) The applicant is of insufficient responsibility to ensure the prompt payment of any final judgments that might reasonably be entered against the applicant because of the transaction of business as a manufactured housing dealer or manufactured housing broker during the period of the license applied for, or has failed to satisfy any such judgment.
(8) The applicant has no established place of business that, where applicable, is used or will be used for the purpose of selling, displaying, offering for sale or dealing in manufactured housing at the location for which application is made.
(9) Within less than twelve months prior to making application, the applicant has been denied a manufactured housing dealer's license or manufactured housing broker's license, or has any such license revoked.
(B) The division of real estate shall deny the application of any person for a license as a salesperson and refuse to issue the license if the division finds that any of the following is true of the applicant:
(1) The applicant has made any false statement of a material fact in the application.
(2) The applicant has not complied with this chapter or the rules adopted by the division of real estate under this chapter.
(3) The applicant has habitually defaulted on financial obligations.
(4) The applicant has been guilty of a fraudulent act in connection with selling or otherwise dealing in manufactured housing.
(5) The applicant has not been designated to act as salesperson for a manufactured housing dealer or manufactured housing broker licensed to do business in this state under this chapter, or intends to act as salesperson for more than one licensed manufactured housing dealer or manufactured housing broker at the same time, unless the licensed dealership is owned or operated by the same corporation, regardless of the county in which the dealership's facility is located.
(6) The applicant holds a current manufactured housing dealer's or manufactured housing broker's license issued under this chapter, and intends to act as salesperson for another licensed manufactured housing dealer or manufactured housing broker.
(7) Within less than twelve months prior to making application, the applicant has been denied a salesperson's license or had a salesperson's license revoked.
(8) The applicant was salesperson for, or in the employ of, a manufactured housing dealer or manufactured housing broker at the time the dealer's or broker's license was revoked.
(C) If an applicant for a manufactured housing dealer or manufactured housing broker's license is a corporation or partnership, the division of real estate may refuse to issue a license if any officer, director, or partner of the applicant has been guilty of any act or omission that would be cause for refusing or revoking a license issued to such officer, director, or partner as an individual. The division's finding may be based upon facts contained in the application or upon any other information the division of real estate may have.
(D) Notwithstanding division (A)(4) of this section, the division of real estate shall not deny the application of any person and refuse to issue a license if the division finds that the applicant is engaged or will engage in the business of selling at retail any new manufactured homes and demonstrates that the applicant has posted a bond, surety, or certificate of deposit with the division of real estate in an amount not less than one hundred thousand dollars for the protection and benefit of the applicant's customers.
(E) A decision made by the division of real estate under this section may be based upon any statement contained in the application or upon any facts within the division's knowledge.
(F) Immediately upon denying an application for any of the reasons in this section, the division of real estate shall enter a final order together with the division's findings. If the application is denied by the division of real estate, the division of real estate shall enter a final order and shall issue to the applicant a written notice of refusal to grant a license that shall disclose the reason for refusal.
Last updated October 9, 2021 at 5:10 AM
Structure Ohio Revised Code
Title 47 | Occupations-Professions
Chapter 4781 | Manufactured Homes
Section 4781.01 | Manufactured Homes Definitions.
Section 4781.011 | References to Department or Director.
Section 4781.02 | Manufactured Homes Advisory Council.
Section 4781.04 | Adoption of Rules.
Section 4781.06 | Delegation of Powers - Contracts.
Section 4781.07 | Certification of Local Authorities to Exercise Division Authority.
Section 4781.08 | Manufactured Housing Installer License.
Section 4781.09 | Suspending, Revoking, or Refusing to Renew the License.
Section 4781.10 | Programs and Requirements for Continuing Education.
Section 4781.11 | License Required for Installation.
Section 4781.12 | Injunctions.
Section 4781.121 | Investigation of Violations; Hearings; Penalties.
Section 4781.14 | Exclusivity of Authority.
Section 4781.15 | Remedies Not Exclusive.
Section 4781.16 | Display, Sale, Purchase, or Brokerage of Manufactured or Mobile Homes.
Section 4781.17 | Manufactured Housing Dealer's or Broker's Licenses.
Section 4781.18 | Cause for License Denial.
Section 4781.19 | Issuance and Replacement of Licenses.
Section 4781.20 | Confidentiality of License Applications.
Section 4781.21 | License Suspension of Revocation.
Section 4781.22 | Prohibited Actions.
Section 4781.23 | Notification Requirements.
Section 4781.24 | Manufactured or Mobile Home - Sales Contracts.
Section 4781.25 | Rules and Regulations for Manufactured Housing Brokers.
Section 4781.27 | License to Operate Park.
Section 4781.281 | Inspector Certification Fees.
Section 4781.29 | License - Refusal to Grant, Suspension, Revocation.
Section 4781.30 | Rights of Operators.
Section 4781.301 | Fees in Lieu of License and Inspection Fees.
Section 4781.31 | Submitting Development Plans to Division.
Section 4781.32 | Permit for Developing in Flood Plain.
Section 4781.33 | Notice of Flood Event Affecting Manufactured Home Park.
Section 4781.34 | Owner to Repair Home Substantially Damaged.
Section 4781.35 | Prosecuting Violations.
Section 4781.36 | Whistleblower Protection.
Section 4781.37 | Action for Possession of the Premises.
Section 4781.38 | Obligations of Park Operator.
Section 4781.39 | Obligations of Resident.
Section 4781.40 | Rental Agreement.
Section 4781.41 | Effect of Operator's Noncompliance With Rental Agreement or Statutes.
Section 4781.42 | Rent Deposits.
Section 4781.43 | Applying for Release of Rent.
Section 4781.44 | Partial Release of Rent Before Trial.
Section 4781.45 | Notification of Violation of Rules to Resident.
Section 4781.46 | Recovering Damages.
Section 4781.47 | Rental Agreement Terms.
Section 4781.48 | Unconscionability.
Section 4781.49 | Limits on Operator's Right to Recover Possession of Premises.
Section 4781.50 | Security Deposit.
Section 4781.51 | Information to Be Contained in Rental Agreement.
Section 4781.52 | Conflicting Ordinances Preempted.
Section 4781.54 | Manufactured Homes Regulatory Fund.
Section 4781.56 | Abatement or Removal of Abandoned Homes or Vehicles.
Section 4781.57 | Duty of Park Operator to Ensure Homes and Facilities Properly Maintained.