20 CSR 4240-123.065 - Modular Unit Dealer or Selling Agent Setup Responsibilities
(1) Modular
Unit Dealer Setup.
(A) A dealer who sells a
modular unit shall arrange for the proper initial setup of the modular unit
unless the dealer obtains from the purchaser or the purchaser's authorized
agent a written waiver of that service as described in section 700.100.3(6),
RSMo.
(B) As used in this rule,
"proper initial setup" means installation and setup of the modular unit in
accordance with the installation manual provided by the manufacturer of the
modular unit and in complete compliance with the code and with all of the
provisions regarding setup in sections
700.010 to
700.115, RSMo.
(C) If a dealer, unless the dealer obtains
the waiver of initial setup referred to in subsection (A) above, fails to
arrange for the proper initial setup of a modular unit, the commission may
discipline the dealer's registration by suspending it, revoking it, or placing
it on probation, pursuant to the provisions of section
700.100, RSMo, if the manager
provides evidence to the commission, incident to an inspection under
subsections (2)(B) or (2)(C), of setup deficiencies.
(2) Modular Unit Inspections.
(A) Dealers shall submit to the manufactured
housing and modular units program a property locator indicating the destination
of the new residential modular unit(s) or new or used classroom modular unit(s)
within five (5) business days to the date the unit leaves the dealer's location
or the manufacturer's location if the unit is shipped direct to the consumer.
For multi-section new residential or new or used classroom modular unit(s) the
five (5) business days begins when the first section leaves the dealer's or
manufacturer's location. The dealer shall use the property locator form
provided by the manufactured housing and modular units program.
1. The manager, in consultation with the
commission staff director, after attempting to contact the entity involved and
documenting consideration of potential mitigating factors, including, but not
limited to, the number of similar non-compliance issues, circumstances beyond
the entity's control, and the entity's responsiveness to commission
requirements, may assess a fifty dollar ($50) per home inspection fee to
dealers who fail to submit the property locator within five (5) business days
from the due date. The manager will track fees assessed or waived under this
provision, along with any documented consideration of mitigating factors, and
compile a quarterly report summarizing such information for review by the
commission.
2. The manager may
commence an action to discipline a dealer's registration for failure to timely
report property locators or make payment upon property locator home inspection
fees if the commission has assessed no fewer than two (2) property locator home
inspection fees against the dealer within the previous twelve (12) months of
the due date of the property locator at issue.
(B) For dealers selling residential one (1)
and two (2) family modular units built pursuant to the International
Residential Code (IRC) to consumers, the manager will have a period of one (1)
year from the date the unit is installed to conduct the initial set up
inspection of the home setup.
(C)
Within two (2) years of the delivery date of the home to the consumer, if no
initial inspection was performed pursuant to subsection (2)(B) of this rule,
the manager may conduct an initial inspection of the home for setup and code
violations upon the receipt of a formal written complaint by the
consumer.
(D) A copy of an
inspection report from a routine inspection of a modular unit that occurs prior
to the occupation by a purchaser, and does not arise from a consumer complaint,
shall be transmitted to the manufacturer, installer, or dealer, or each
responsible entity, within ten (10) days from the date of the inspection.
Should an inspection occur as a result of a consumer complaint, copies of the
inspection report will be provided to the complainant and to the manufacturer
or dealer, or each responsible entity, within ten (10) days from the date of
the inspection.
(E) If an initial
inspection identifies no code violations or any re-inspection verifies that
corrections have been made to address code violations identified on an initial
inspection report, the manager will issue, within twenty (20) days of the final
inspection or reinspection, a notice of completion to each responsible entity,
and the complainant if the initial inspection occurs subsequent to a consumer
complaint, indicating no outstanding issues remain to be addressed. This notice
is intended to notify parties when the manager has completed an inspection
process, but does not serve to indemnify any responsible party from any future
liability.
(3) Every
dealer of a modular unit shall provide to the purchaser at the time of sale a
purchase agreement or bill of sale containing at least the following:
(A) The purchaser name and address;
(B) Make of the unit;
(C) Serial number;
(D) Date of sale;
(E) Model and size;
(F) The total price of the unit and its
contents;
(G) A list of all
furniture and appliances in the unit;
(H) Any other items which will be the
responsibility of the purchaser, such as transportation, handling, setup, or
installation; and
(I) If the unit
is new or used and if the unit has incurred any damages.
Notes
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