327B.01 DEFINITIONS. Subdivision 1. Terms. As used in sections 327B.01 to 327B.12 the terms defined in this section have the meanings given them. Subd. 2. Affiliate. “Affiliate” of another person means any person directly or indirectly controlling, controlled by, or under common control with the other person. Subd. 2a. Borrower. “Borrower” means a person or […]
327B.02 WARRANTIES. Subdivision 1. Implied warranties. Every sale of a new manufactured home in this state is made with an implied warranty that the manufactured home conforms in all material aspects to applicable federal or state laws and regulations establishing standards of safety or quality, and with implied warranties of merchantability and fitness for particular […]
327B.03 WARRANTIES; DURATION, HONORING. Subdivision 1. Duration. The warranties implied by section 327B.02 shall run for a period of one year from the date of delivery of the manufactured home to the consumer customer. Subd. 2. Notice and cooperation by buyer. To invoke either a warranty implied by section 327B.02 or an express warranty made […]
327B.04 MANUFACTURERS AND DEALERS; LICENSES; BONDS. Subdivision 1. License, bond, and liability insurance required. No person shall act as a dealer in manufactured homes, new or used, without a license, a surety bond, and liability insurance as provided in this section. No person shall manufacture manufactured homes without a license for each manufacturing facility shipping […]
327B.041 MANUFACTURED HOME INSTALLERS. (a) Manufactured home installers are subject to all of the fees in section 326B.092 and the requirements of sections 326B.802 to 326B.885, except for the following: (1) manufactured home installers are not subject to the continuing education requirements of sections 326B.0981, 326B.099, and 326B.821, but are subject to the continuing education […]
327B.042 NOTICE TO COMMISSIONER. Subdivision 1. Notification. A person licensed as a dealer, limited dealer, or manufacturer shall notify the commissioner of the occurrence of any of the events in subdivisions 2 to 5. Subd. 2. Change in application information. A licensee shall notify the commissioner in writing within ten days of the change of […]
327B.05 DENIAL, SUSPENSION AND REVOCATION OF LICENSES. Subdivision 1. Grounds. In addition to the grounds in section 326B.082, subdivision 11, the commissioner may by order deny, suspend, limit, place conditions on, or revoke the application or license of any applicant or licensee or any of its directors, officers, limited or general partners, controlling shareholders, or […]
327B.06 DEALER’S RECORDS. Subdivision 1. Retention. A dealer shall retain for five years copies of all listings, deposit receipts, credit applications, contracts, disclosure forms, canceled checks, trust account records and other documents reasonably related to carrying on the business of a dealer. The retention period shall run from the date of the closing of the […]
327B.07 RESPONSIBILITY OF DEALERS. Subdivision 1. Liability. Each dealer is responsible for the activities of any person employed by or acting on behalf of that dealer when the activities occur in connection with the sale or attempted sale of a manufactured home. Each corporation licensed as a dealer is responsible for the activities of any […]
327B.08 DUTIES. Subdivision 1. Disclosure required. Prior to the consummation of the sale of any manufactured home where a dealer acts as a broker, the dealer shall disclose in writing to all parties to the transaction all charges, payments, commissions and other fees paid or payable in connection with the transaction. Any commission charged by […]
327B.09 PROHIBITIONS. Subdivision 1. License required. No person shall engage in the business, either exclusively or in addition to any other occupation of manufacturing, selling, offering to sell, soliciting or advertising the sale of manufactured homes, or act as a broker without being licensed as a manufacturer or a dealer as provided in section 327B.04. […]
327B.095 INTEREST, POINTS, FINANCE CHARGES, FEES, AND OTHER CHARGES. Subdivision 1. Financed interest, points, finance charges, fees, and other charges. (a) A manufactured home lender making or modifying a manufactured home loan to a borrower located in this state must not include in the principal amount of any loan, all or any portion of any […]
327B.10 RULEMAKING AUTHORITY. The commissioner may promulgate rules and issue orders reasonably necessary to implement and administer the provisions of sections 327B.01 to 327B.12. The commissioner shall adopt rules establishing and approving education programs for manufactured home installers. Each manufactured home installer must satisfactorily complete the continuing education requirements established by the commissioner in rule. […]
327B.11 RECOURSE TO THE BOND. Subdivision 1. Consumer claimants. Any consumer customer sustaining injuries within the terms of a surety bond issued pursuant to section 327B.04 may proceed against the principal and surety without making the state a party to the proceedings. Provided, however, that the aggregate liability of the surety to all persons for […]
327B.12 ADDITIONAL REMEDIES AND ENFORCEMENT. Subdivision 1. Private remedies. (a) Any person injured or threatened with injury by a dealer or manufacturer’s violation of sections 327B.01 to 327B.12 may bring a private action in any court of competent jurisdiction. (b) A borrower injured by a violation of the standards, duties, prohibitions, or requirements of sections […]
