Article 2. Dealers
13VAC6-20-50. License required; annual renewal.
Article 2
Dealers
A. Any person located in or outside of the Commonwealth buying or selling or offering or displaying manufactured homes for sale in Virginia and meeting the definition of a dealer in 13VAC6-20-10 shall apply to the board for a license. The license shall be displayed in a conspicuous place accessible to the public in the office of the business location. The license shall be issued for a term of one year from the date of issuance.
B. Each licensed dealer shall apply for license renewal annually by application and accompanied by the required fee. Applicants for license renewal shall meet all the criteria for original licensing. Upon failure to renew, the license shall automatically expire.
C. Should the department fail to receive a licensed dealer's renewal form and appropriate fee within 30 days of the license expiration date, the dealer shall be required to reinstate the license according to the terms and conditions of Article 8 (13VAC6-20-201 et seq.) of this part.
D. For licensing purposes, a dealer operating more than one retail location shall have each location treated as a separate entity and shall adhere to all requirements for dealer licensing including posting a license at each location.
E. Each dealer licensed under this chapter shall also obtain a certificate of dealer registration from the Virginia Motor Vehicle Dealer Board (MVDB). The certificate of registration shall be renewed annually and shall be maintained in effect with the MVDB as long as the dealer is licensed under this chapter.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Historical Notes
Derived from VR449-01-02 § 2.4, eff. April 1, 1994; amended, Virginia Register Volume 12, Issue 3, eff. January 1, 1996; Volume 28, Issue 20, eff. July 4, 2012; Volume 35, Issue 20, eff. July 1, 2019.
13VAC6-20-60. Application for licensing; renewal.
A. Application for license or renewal shall be on forms supplied by the department and may be submitted as designated in hard copy or by electronic means. All information required on the form shall be furnished by the applicant for the board's review.
B. Each application for original licensure shall be accompanied by the following:
1. Deposit in the Transaction Recovery Fund required by 13VAC6-20-420 A 2.
2. Licensing fee required by 13VAC6-20-200 A 3.
3. Statement of compliance.
4. Verification of a business office with all utilities, including a business telephone, and where the required business records are maintained.
5. Verification of a permanent business sign, in view of public traffic, bearing the name of the firm.
6. List of salespeople employed.
7. Name of the owner, principal, manager, agent, or other person designated as the holder of the dealer's license for the specific location and the names of other partners or principals in the dealership.
Photographs of the front of the business office and required sign may be considered as verification required by this subsection.
C. The Department of Housing and Community Development will mail a notice of renewal to the licensee at the last known address of record. Licensees may submit renewals by mail or electronically. Failure to receive this notice shall not relieve the licensee of the obligation to renew. If the licensee does not receive the notice of renewal, a copy of the license may be substituted with the required fee. Each application for renewal shall be accompanied by the following:
1. Licensing fee required by 13VAC6-20-200 A 4.
2. Statement of compliance.
3. Notification of any significant changes to the office or the business sign.
4. Updated list of salespeople employed.
5. Any changes of officers or directors of the company or corporation.
6. A copy of the dealer's current certificate of registration from the Virginia Motor Vehicle Dealer Board.
D. Any change in the form of ownership of the dealer or any changes (deletions or additions) in the partners or principals of the dealer shall be submitted to the board with an application and fee for a new license. If the new owner assumes the liabilities of the previous owner , then a new recovery fund assessment is not required. New recovery fund assessments shall be required when the new owner does not assume the liabilities of the previous owner. The board shall be notified immediately by the dealer of any change in the operating name of the dealer. The director shall endorse the change on the license without requiring an additional fee. The board shall be notified immediately by the dealer of any change in the location of the dealer. The dealer shall pay a fee of $50 for the change of location on the license but shall not be required to pay an additional assessment to the recovery fund for the change of location only.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Historical Notes
Derived from VR449-01-02 § 2.5, eff. April 1, 1994; amended, Virginia Register Volume 28, Issue 20, eff. July 4, 2012; Volume 35, Issue 20, eff. July 1, 2019.
13VAC6-20-70. Statement of Compliance.
The Statement of Compliance shall be signed by the person or responsible officer having full authority to commit the dealer to the conditions of compliance and shall not be transferable. Violation of the Statement of Compliance is ground for suspension of the license.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Historical Notes
Derived from VR449-01-02 § 2.6, eff. April 1, 1994.
13VAC6-20-80. Dealer responsibility for inspections; other items.
A. The dealer shall inspect every new manufactured home unit upon delivery from a manufacturer. If a dealer becomes aware of a noncompliance or an imminent safety hazard in a manufactured home, the dealer shall contact the manufacturer, provide full information concerning the problem, and request appropriate action by the manufacturer. No dealer shall sell a new manufactured home if he becomes aware that it contains a defect or an imminent safety hazard.
B. The dealer shall inspect every new manufactured home unit prior to selling to determine that all appliances, fixtures, and devices are not damaged and are in place and operable.
C. A dealer shall not alter or cause to be altered any manufactured home to which a HUD label has been affixed if such alteration or conversion causes the manufactured home to be in violation of the standards.
D. If the dealer provides for the installation of any manufactured home the dealer sells, the dealer shall be responsible for making sure the installation of the home meets the manufacturer's installation requirements and the Code.
E. On each home sold by the dealer, the dealer shall collect the applicable title fees and title tax for the manufactured home, to include an additional $30 inspection/administrative fee, and forward such fees and taxes to the Virginia Department of Motor Vehicles.
The above fees shall be submitted to the Virginia Department of Motor Vehicles within 30 days from the completion date of the sale.
F. On each home sold by the dealer, the dealer shall provide the owner with information to file a claim supplied by the department.
Statutory Authority
§ 36-85.18 of the Code of Virginia.
Historical Notes
Derived from VR449-01-02 § 2.7, eff. April 1, 1994; amended, Virginia Register Volume 22, Issue 10, eff. April 12, 2006; Volume 28, Issue 20, eff. July 4, 2012; Volume 35, Issue 20, eff. July 1, 2019.