58-4210. Same; dealer's license requirements.

58-4210

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 42.--MANUFACTURED HOUSING

      58-4210.   Same; dealer's license requirements.Except as hereinafter provided, every person licensed as adealer shall:

      (a)   On or before the 20th day of each month, file a monthly report, on aform prescribed and furnished by the division, listing all sales or transfers,except sales or transfers by a manufacturer to a dealer of new or usedmanufactured homes or mobile homes, including the name and address of thepurchaser or transferee, date of sale, the serial or identification number ofthe manufactured home or mobile home, and such other information as thedivision may require.

      (b)   Make available during regular business hours to any employee ofthe division or any member of the highway patrol, for the purpose ofinvestigation or inspection, all records concerning manufactured homes ormobile homes purchased, sold or exchanged during the preceding 12 months,including certificates of title on all manufactured homes or mobile homes ownedby the dealership.

      (c)   Whenever a dealer sells or otherwise disposes of such dealer's business,or for any reason suspends or goes out of business as a dealer, such dealershall notify the division and return the dealer's license and dealer licenseplates, and the division upon receipt of such notice and plates shall cancelthe dealer's license, except that such dealer may, upon payment of 50% of theannual fee to the division, have the license and dealer license plates assignedto the purchaser of the business.

      (d)   In addition to the requirements of subsection (a), anydealer paying a commission or fee to a broker shall report to thedivision, on the monthly sales report, the name of the broker and thebroker's license number.

      (e)   In addition to the requirements of subsection (a), dealers licensedas brokers must include on the monthly sales reports, the name of the seller,the transferor or dealer that owns the manufactured home or mobile home andwhether the seller or the purchaser paid the broker's fee or commission.

      (f)   Lending agencies licensed under this act, which sell two or lessrepossessed manufactured homes or mobile homes a month, shall not be requiredto file the monthly reports under subsection (a), except that such lendingagencies shall report annually, on a form prescribed and furnished by thedivision, the total number of sales or transfers of such manufactured homes ormobile homes.

      History:   L. 1991, ch. 33, § 10; July 1.