36-85.28 - Limitation on damages; disclosure to buyer.
§ 36-85.28. Limitation on damages; disclosure to buyer.
A. If a buyer fails to accept delivery of a manufactured home, themanufactured home dealer may retain actual damages according to the followingterms:
1. If the manufactured home is a single section unit and is in the dealer'sstock and is not specially ordered from the manufacturer for the buyer, themaximum retention shall be $1,000.
2. If the manufactured home is a single section unit and is specially orderedfrom the manufacturer for the buyer, the maximum retention shall be $2,000.
3. If the manufactured home is larger than a single section unit in thedealer's stock and is not specially ordered for the buyer, the maximumretention shall be $4,000.
4. If the manufactured home is larger than a single section unit and isspecially ordered for the buyer from the manufacturer, the maximum retentionshall be $7,000.
B. A dealer shall provide a written disclosure to the buyer at the time ofthe sale of a manufactured home alerting the buyer to the actual damages thatmay be assessed of the buyer, as listed in subsection A, for failure to takedelivery of the manufactured home as purchased.
(1991, c. 555; 1992, c. 223; 2009, cc. 141, 579; 2010, c. 167.)