Manufactured Housing Sellers and Buyers Should Watch House Bill 1142
That’s right, you’ve seen them everywhere, and we’ve been watching HB 1142 for some time. Now that the bill is out of out of committee and has been properly amended, it’s worth being aware of.
The bill seeks to create the “Manufactured Housing Buyer Protection Act.” Introduced by Representative Michael W. Tryon (R – Crystal Lake) the full text of the bill can be found here.
From the Illinois Congressional Website, the bill:
“Provides that, if, after a reasonable number of attempts, the seller of a manufactured housing unit is unable to conform the manufactured housing unit to any of its applicable express warranties, then the manufacturer must either provide the consumer with a new manufactured housing unit of like model line, if available, or otherwise a comparable manufactured housing unit as a replacement, or accept the return of the manufactured housing unit from the consumer and refund to the consumer the full purchase price or lease cost of the new manufactured housing unit, including all collateral charges, less a reasonable allowance for consumer use of the manufactured housing unit, but only when the consumer has first resorted to an informal settlement procedure applicable to such disputes. Provides that persons electing to proceed and settle under the Act are barred from a separate cause of action under the Uniform Commercial Code. Provides guidelines for commencement of such actions. Requires the seller who sells a new manufactured housing unit to a consumer, upon delivery of that manufactured housing unit to the consumer, to provide the consumer with a written statement clearly and conspicuously setting forth in full detail the consumer's rights under specified provisions of the Act. Makes the Act applicable to manufactured housing sold after the effective date of this Act.”
The only amendment to the bill has changed the definition of Manufactured Housing in the Act to coincide with the definition of Manufactured Home from the portion of the Illinois Administrative Code governing Modular Dwellings and Mobile Structures (77 Il. Adm. Code 880.10) which reads:
"Manufactured Home" means a structure that is transportable in one or more sections that, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet; that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities; and that includes the plumbing, heating, air-conditioning, and electrical systems contained in the structure. These units previously were known as "mobile homes". The construction of these units is regulated by the federal Department of Housing and Urban Development.
If you take a look at the amendment, it looks like the bill is excepting those Manufactured Homes that have a permanent foundation.
Of note to those involved in the installation, purchasing, or manufacturer of this form of housing is that an informal mediation/dispute resolution procedure has been added for the parties pursuing their rights under this act. Also, the election to proceed under the act would mean that a party cannot sue under the UCC. Finally, everyone should be aware that an 18 month statute of limitations is created by this act that runs from the date the housing unit is delivered to the consumer.
The process involved in making this type of housing is the subject of an interesting three-part video from Behind the Scenes (link to Part 1) over at Youtube.
The other parts of this video can be found here:
