Sec. 1201.455. WRITTEN DISCLOSURE AND WARRANTY OF HABITABILITY REQUIRED. (a) Except as otherwise provided by this subchapter, a person may not sell or exchange a used manufactured home to a consumer for use as a dwelling without providing:
(1) a written disclosure, on a form not to exceed two pages prescribed by the department, describing the condition of the home and of any appliances that are included in the home; and
(2) a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement.
(b) Unless, not later than the 65th day after the later of the installation date or the date of the sale or exchange, the consumer notifies the seller in writing of a defect that makes the home not habitable, any obligation or liability of the seller under this subchapter is terminated. The warranty must conspicuously disclose that notice requirement to the consumer.
Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff. June 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 26, eff. June 18, 2005.
Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 61, eff. September 1, 2017.
Structure Texas Statutes
Title 7 - Practices and Professions Related to Real Property and Housing
Subtitle C - Regulation of Certain Types of Housing and Buildings
Chapter 1201 - Manufactured Housing
Subchapter J. Used or Salvaged Manufactured Homes
Section 1201.451. Transfer of Good and Marketable Title Required
Section 1201.452. Seal or Label Required
Section 1201.453. Habitability
Section 1201.454. Habitability: Prohibited Alteration or Replacement
Section 1201.455. Written Disclosure and Warranty of Habitability Required
Section 1201.456. Habitability: Exception to Warranty Requirement
Section 1201.457. Habitability: Change to or From Nonresidential Use or Salvage
Section 1201.458. Habitability: Exception for Certain Governmental or Nonprofit Entities
Section 1201.459. Compliance Not Required for Sale for Collection of Delinquent Taxes
Section 1201.460. Compliance Not Required for Lienholder
Section 1201.461. Salvaged Manufactured Home; Criminal Penalty