41-2195

41-2195. Violation; classification;
penalty

A. No person required to be licensed pursuant to this article may sell or offer to
sell in this state any manufactured home, factory-built building or subassembly unless
the proper state insignia or HUD label is affixed to such unit.

B. No person required to be licensed pursuant to this article may manufacture for
delivery, sell or offer to sell in this state any manufactured home, factory-built
building or subassembly unless the unit and its components, systems and appliances have
been constructed and assembled in accordance with the standards and rules adopted
pursuant to this chapter.

C. A person shall not occupy or otherwise use a mobile home which has been brought
into this state or move a mobile home from one mobile home park in this state to another
mobile home park in this state unless it meets the standards adopted pursuant to this
chapter and displays the proper state insignia. A mobile home that is rehabilitated in
accordance with rehabilitation rules adopted by the department and receives an insignia
of approval shall be deemed by a county or municipality to be acceptable for relocation
into an existing mobile home park. This subsection does not apply to a person bringing a
mobile home into this state as a tourist.

D. A person shall not advertise or offer for sale a mobile home which has been
brought into this state unless it meets the standards adopted pursuant to this chapter
and displays the proper state insignia.

E. No person may remove or cause to be removed an insignia of approval or a notice
of violation without prior authorization of the office.

F. A person shall not occupy or use a mobile home in violation of an order to
vacate issued pursuant to section 41-2153, subsection B, paragraph 6.

G. Except as provided in subsections I and J of this section, a person who violates
this chapter, or any such rule or standard, is guilty of a class 2 misdemeanor.

H. The deputy director, after notice and a hearing pursuant to section 41-2181,
subsection A, may deny the issuance of a license or revoke or suspend the license of,
impose an administrative penalty on or place on probation any manufacturer, dealer,
broker, salesperson or installer who has violated this chapter or any standards and
rules adopted pursuant to this chapter.

I. Any manufacturer, dealer, broker, salesperson or installer who knowingly
violates this chapter or the rules adopted pursuant to section 41-2144, subsection A,
paragraph 1, 2, 9 or 10 or any person who knowingly provides false information to seek
reimbursement of expenses under section 41-2157 is guilty of a class 1 misdemeanor. Each
violation of this chapter shall constitute a separate violation with respect to each
failure or refusal to allow or perform an act required by this chapter, except that the
maximum fine may not exceed one million dollars for any related series of violations
occurring within one year from the date of the first violation.

J. An individual or a director, officer or agent of a corporation who knowingly
violates this chapter or the rules adopted pursuant to this chapter in a manner which
threatens the health or safety of any purchaser is guilty of a class 1 misdemeanor.

K. A manufacturer, dealer, salesperson or broker shall not knowingly sell a unit
regulated by this chapter to an unlicensed person for the purpose of resale, nor shall a
dealer offer for sale or sell a new unit manufactured by an unlicensed person.

L. In addition to any other obligations imposed by law or contract during the term
of a listing agreement, a licensee who has agreed to act as an agent to offer a
manufactured home for sale shall promptly submit all offers to purchase the listed unit
from any source to the client. The offers shall be in writing and signed and dated by
the party making the offer and the client on receipt. A copy of the executed document
shall be maintained as part of the record of sales.

M. No licensee, owner or other persons may manufacture, alter, reconstruct or
install units regulated by this chapter, unless it is accomplished in a workmanlike
manner in accordance with the rules adopted pursuant to this chapter and is suitable for
the intended purpose.