(1)
Definitions.
(a) "Dealer" means a mobile home
dealer as defined in Sections
320.77(1)(a)
and 320.822(8),
F.S.
(b) "Manufacturer" means a
manufacturer of mobile/manufactured homes as defined in Section
320.822(9),
F.S.
(c) "Mobile Home" means those
dwelling units as defined in Section
320.01(2)(a),
F.S.
(d) "Manufactured Home" means
those dwelling units as defined in Section
320.01(2)(b),
F.S.
(e) "Running Gear Assembly"
means a mobile/manufactured home chassis subsystem consisting of suspension
springs, drawbar, axles, bearings, wheels, hubs, tires, and brakes, with their
related hardware.
(2)
(a) Pursuant to Subpart J of the Manufactured
Home Construction and Safety Standards, as developed by the United States
Department of Housing and Urban Development, Sections
3280.901 -
3280.904, F.S., an integral part
of a mobile home or manufactured home includes a complete running gear
assembly.
(b) In order to clarify
whether the assembly is included in the sale, no dealer or manufacturer shall
sell or deliver a mobile/manufactured home to a retail purchaser without
disclosing whether the running gear assembly is included in the transaction.
The disclosure must be in written form, such as the following:
The sale of this mobile/manufactured home, ___ (VIN Number),
___ (Year & Make), includes/excludes (strike one) the running gear assembly
(suspension springs, axles, bearings, wheels, hubs, tires, brakes).
|
______________________________
|
_______________________
|
|
Dealer/Manufacturer
|
Purchaser
|
|
_________________
|
__________________
|
|
Dated
|
Dated
|
(c)
The absence of a written disclosure or the failure to strike the inapplicable
word (include/exclude) will be interpreted as meaning the running gear assembly
was to be included in the sale. No oral agreements, whether witnessed or not,
will be acceptable.
(d) A copy of
the disclosure shall be maintained by the dealer or manufacturer as part of the
sale records and will be subject to periodic inspection by the
Department.
(3) The
failure to maintain a disclosure statement or to comply with the requirements
of this rule will result in disciplinary action against the dealer or
manufacturer pursuant to Chapter 320, F.S.
Notes
Fla. Admin. Code Ann. R. 15C-2.011
Rulemaking Authority 320.011, 320.824(1) FS. Law
Implemented 320.823, 320.822(3)
FS.
New 3-19-84, Formerly 15C-2.11, Amended
12-10-92.
New 3-19-84, Formerly 15C-2.11, Amended
12-10-92.
