Print
The Vermont Statutes Online
Title
09
:
Commerce and Trade
Chapter
072
:
MOBILE HOMES
§
2602. Sale or transfer; price disclosure; mobile home uniform bill of sale
(a) When a
mobile home is sold or offered for sale:
(1) If a mobile
home is appraised, the appraisal shall include a cover sheet which itemizes the
value of the unsited mobile home, the value of any adjacent or attached
structures located on the site and the value of the sited location, if
applicable, and valuations of sales of comparable properties.
(2) In the case
of a new mobile home, the seller shall provide to a prospective buyer a written
disclosure which states the retail price of the unsited mobile home, any
applicable taxes, the set-up and transportation costs, and the value of the
sited location, if applicable.
(3) [Repealed.]
(4) A legible
copy of the disclosure required in subdivision (2) of this subsection shall be
prominently displayed on a new mobile home in a location that is clearly
visible to a prospective buyer from the exterior.
(b) Sale or
transfer of all mobile homes.
(1) Prior to the
sale or transfer of ownership of a mobile home, the seller or transferor shall
provide a copy of a completed, unexecuted, mobile home bill of sale:
(A) to the town
clerk in which the mobile home is located for his or her endorsement; and
(B) in the case
of a mobile home being sold or transferred separately from the real property on
which it is located, to the record owner of the real property on which the
mobile home is located by certified mail, return receipt requested, at least 21
days prior to the transfer or sale.
(2) A clerk
shall not endorse a mobile home uniform bill of sale unless:
(A) all property
taxes due and payable on the mobile home, but not the real property on which
the mobile home is located if separately owned, have been paid in full as of
the most recent assessment, or if the town collects taxes in installments
pursuant to 32 V.S.A. § 4872, as of the most recent installment; or
(B) in the case
of removal of a mobile home from the municipality, or of a sale, trade, or
transfer that will result in the removal of the mobile home from the
municipality, all property taxes assessed with regard to the mobile home, but
not the mobile home site, have been paid.
(3) The seller
or transferor shall execute and provide the endorsed bill of sale to the buyer
or transferee at the time of sale or transfer.
(4) The buyer or
transferee shall execute and then file the executed bill of sale with the clerk
of the town in which the mobile home will be located within 10 days of
executing the bill of sale. A clerk shall not accept a mobile home uniform bill
of sale for filing that is not completed, executed, and endorsed as required by
this subsection. Upon filing, the clerk shall note the transfer on the mobile
home uniform bill of sale whereby the seller acquired ownership of the mobile
home, if available.
(5) If the
mobile home will be relocated to real property that is not owned by the buyer
or transferee, the buyer or transferee shall provide a copy of the mobile home
uniform bill of sale to the record owner of the real property on which the
mobile home will be located at least 21 days prior to the sale or transfer of
the mobile home.
(6) Within 14
days of the filing of the bill of sale, the town clerk shall mail a copy of the
bill of sale to each buyer, seller, and owner of real property for whom a
mailing address is provided in the bill of sale pursuant to subdivision (c)(1)
of this section.
(7) The
requirements of this subsection shall apply to a mobile home that is physically
relocated by its owner to another town.
(8) This subsection
shall not apply to:
(A) the valid
transfer of a mobile home by deed when financed as residential real estate
pursuant to this chapter;
(B) the valid
transfer of a mobile home by a mobile home uniform bill of sale issued by the
court pursuant to the abandonment process set forth in 10 V.S.A. § 6249;
(C) the physical
relocation of a mobile home that is held as inventory by a manufacturer,
distributor, or dealer, is stored or displayed on a sales lot, and is not
connected to utilities.
(c) Mobile home
uniform bill of sale.
(1) A mobile
home uniform bill of sale shall contain the following information regarding
each mobile home being transferred:
(A) the name and
address of each seller or transferor;
(B) the name and
address of each buyer or transferee, and if more than one buyer or transferee,
the estate under which the buyers or transferees will hold title to the mobile
home;
(C) the make,
model, serial number, size, and year manufactured;
(D) the current
address or location of the mobile home;
(E) whether the
mobile home will be moved following the sale or transfer, and if so, the future
address of the mobile home;
(F) the name and
address of the owner of the real property on which the mobile home is located;
(G) the name and
address of the owner of the real property on which the mobile home will be
located following the sale or transfer;
(H) the sale
constitutes a "retail installment transaction" as defined in
subdivision 2351(4) of this title and is subject to chapter 59 of this title
(motor vehicle and mobile home retail installment sales financing);
(I) an itemized
list of the mobile home's deficiencies known to the seller at the time of the
sale, if the mobile home is sold "as is"; and
(J) an itemized
list of known liens on the mobile home.
(2) A mobile
home uniform bill of sale shall be substantially in the following form:
VERMONT
MOBILE HOME UNIFORM BILL OF SALE NOTICE
Vermont statute requires that this Mobile
Home Uniform Bill of Sale be signed by each Buyer and Seller, endorsed by the
Town Clerk of the Town where the Mobile Home is located at the time of sale,
and filed by Buyer with the Town Clerk of the Town where the Mobile Home will
be located after the sale. A financing statement evidencing a security interest
in the Mobile Home must be filed with the Secretary of State.
Seller
or Transferor (Seller)
Name: ...........................................................................................................
Street: ..............................................................................................................
Town/State/ZIP: .............................................................................................
County: ...........................................................................................................
Mailing Address (if different):
Street: ............................................................................................................
Town/State/ZIP: ..............................................................................................
Buyer
or Transferee (Buyer)
Name: .............................................................................................................
Street: ..............................................................................................................
Town/State/ZIP:...............................................................................................County:
............................................................................................................
Mailing Address (if different):
Street: ..............................................................................................................
Town/State/ZIP: ..............................................................................................
If more than one
Buyer, Buyers take title as:
[ ] Joint
tenants (co-owners with right of survivorship).
[ ] Tenants by
the entirety (joint tenancy of persons who are married).
[ ] Tenants in
common (individual interests without right of survivorship).
[ ] ....................................................................................................................
Mobile
Home Being Sold or Transferred (Mobile Home)
Specifications:
Make: ..............................................................................................................
Model: .............................................................................................................
Year: ................................................................................................................
Serial Number: ................................................................................................
Size: .................................................................................................................
Color: ............................................................................................................
Current Location:
Street: ..............................................................................................................
Town/State/ZIP:...............................................................................................County:
.........................................................................................................
Owner of Real Property on which Mobile
Home is Located:
Name: ..............................................................................................................
Street: ..............................................................................................................
Town/State/ZIP: ...........................................................................................
Mailing Address (if different):
Street: ..............................................................................................................
Town/State/ZIP: ..............................................................................................
Location
of Mobile Home Following Sale
[ ] Mobile Home will remain at current
location.
[ ] Mobile Home will be relocated to the
following address:
Street: ..............................................................................................................
Town/State/ZIP: ..............................................................................................
County: ..........................................................................................................
Owner of Real Property on which Mobile
Home will be Located:
Name: ..............................................................................................................
Street: ..............................................................................................................
Town/State/ZIP: ..............................................................................................
Mailing Address (if different):
Street: ..............................................................................................................
Town/State/ZIP: ..............................................................................................
Retail
Installment Transaction
This sale constitutes a "retail
installment transaction" as defined in 9 V.S.A. § 2351(4) and is subject
to 9 V.S.A. chapter 59 (motor vehicle and mobile home retail installment sales
financing).
KNOWN
DEFICIENCIES IN AS IS SALES
In the case of an "as is" sale,
the Seller is aware of the following deficiencies and defects of the Mobile
Home:
_______________________________________________________________
______________________________________________________________________________________________________________________________
KNOWN
LIENS
The Seller is aware of the following liens
on the Mobile Home:
_______________________________________________________________
______________________________________________________________________________________________________________________________
For good and valuable consideration, the
receipt and sufficiency of which is acknowledged, Seller hereby transfers to
the Buyer the Mobile Home identified in this Bill of Sale, and Seller covenants
with Buyer that Seller is the lawful owner of the Mobile Home, that it is free
from all encumbrances, that Seller has good right to sell the Mobile Home, and
that Seller will warrant and defend the same against the lawful claims and
demands of all persons.
Seller Signature
............................... Date
...............................
Witness
Signature ............................ Date
...............................
Buyer Signature ............................... Date ...............................
Witness Signature
............................ Date
...............................
TOWN
CLERK ENDORSEMENT
TO BE COMPLETED BY TOWN CLERK WHERE MOBILE
HOME IS CURRENTLY LOCATED PRIOR TO EXECUTION BY THE BUYER AND SELLER.
I hereby acknowledge that:
[ ] all property
taxes due and payable on the mobile home, but not the real property on which
the mobile home is located if separately owned, have been paid in full as of
the most recent assessment, or if the town collects taxes in installments pursuant
to 32 V.S.A. § 4872, as of the most recent installment; or
[ ] in the case
of removal of a mobile home from the municipality, or of a sale, trade, or
transfer that will result in the removal of the mobile home from the
municipality, all property taxes assessed with regard to the mobile home, but
not the mobile home site, have been paid.
Town Clerk Signature: .......................... Date: ...............................
(d) Relocation
of mobile home.
Unless excluded under subdivision (b)(8)
of this section, a mobile home shall not be moved over the highways of this
State unless the operator of the vehicle hauling the mobile home has in his or
her possession a copy of the mobile home uniform bill of sale endorsed pursuant
to subsection (b) of this section. In addition to any penalty or remedy imposed
under section 2607 of this title, a violation of this subsection shall be
subject to the collection and enforcement provisions set forth in 32 V.S.A. §
5079.
(e) Mobile home
rent to own agreements.
(1) Definition
of rent to own agreements for mobile homes. For purposes of this subsection,
"an agreement to purchase a mobile home on a rent-to-own, lease-purchase,
or similar basis" means any agreement, other than an agreement to purchase
a mobile home, that will be financed as residential real estate, under which:
(A) a buyer or
lessee, however named, agrees to pay consideration in one or more installments
to the owner of a mobile home, or to a third party designated by the owner of
the mobile home to receive payment on behalf of the owner, for the right to use
or occupy the mobile home; and
(B) upon full
compliance with the terms of the agreement, the buyer or lessee, however named,
is bound to become, or for no further or a merely nominal additional
consideration, has the option of becoming, the owner of the mobile home.
(2) Requirements
to consummate sale under rent to own agreements. An agreement to purchase a
mobile home on a rent-to-own, lease-purchase, or similar basis shall not
transfer ownership of the mobile home, or the rights, duties, and liabilities
arising from ownership of the mobile home, unless and until:
(A) the buyer
and seller execute a written retail installment contract complying with the
requirements set forth in chapter 59 of this title; and
(B) a mobile
home uniform bill of sale transferring the mobile home from the seller to the
buyer is completed, endorsed, executed, and filed pursuant to subsection (b) of
this section.
(3) Compliance;
sale. Notwithstanding any provision of 9A V.S.A. Article 2 (uniform commercial
code; sale of goods) to the contrary, an agreement to purchase a mobile home on
a rent-to-own, lease-purchase, or similar basis that meets the requirements of
subdivision (2) of this subsection shall constitute a "retail installment
transaction" as defined in subdivision 2351(4) of this title, is subject
to chapter 59 of this title, and shall not be subject to chapter 137 of this
title relating to residential rental agreements.
(4) Failure to
comply; lease. Notwithstanding any provision of 9A V.S.A. Article 2A (uniform
commercial code; leases) to the contrary, an agreement to purchase a mobile
home on a rent-to-own, lease-purchase, or similar basis that does not meet the
requirements of subdivision (2) of this subsection shall constitute a
residential rental agreement as defined in subdivision 4451(8) of this title,
and shall be governed by chapter 137 of this title relating to residential
rental agreements.
(f) Sale of
mobile homes in non-rent to own transactions. Except for a mobile home that is
financed or conveyed as real property:
(1) The sale of
a mobile home under subsection (b) of this section, is a sale of goods under 9A
V.S.A. Article 2 (uniform commercial code; sale of goods), except to the extent
of a direct conflict with this section.
(2) The sale of
a mobile home under this section is subject to the provisions governing express
and implied warranties on the sale of goods set forth in 9A V.S.A. Article 2,
Part 3, with the following modifications:
(A) the warranty
of title in a contract of sale under 9A V.S.A. § 2-312 may be excluded or
modified only by a written agreement that is executed by the buyer and seller
prior to sale and clearly states any deficiency or limitation on the seller's
title, as well as any security interest, lien, or encumbrance on the mobile
home that excludes or modifies the warranty of title;
(B) in the case
of a new mobile home, the implied warranty of merchantability under 9A V.S.A. §
2-314 and the implied warranty of fitness for a particular purpose under 9A
V.S.A. § 2-315 may not be waived if the seller has notice that the mobile home
will be used by the buyer as his or her primary residence; and
(C) in the case
of a used mobile home, the implied warranty of merchantability under 9A V.S.A. §
2-314 and the implied warranty of fitness for a particular purpose under 9A
V.S.A. § 2-315 may be waived only if the seller notifies the buyer in writing
that the mobile home is being offered for sale "as is." (Added 1971, No. 103; amended 1983, No. 237
(Adj. Sess.), § 2; 1989, No. 229 (Adj. Sess.), §§ 2, 2a; 1997, No. 103 (Adj.
Sess.), § 7, eff. April 23, 1998; 1999, No. 159 (Adj. Sess.), § 23, eff. May
29, 2000; 2009, No. 140 (Adj. Sess.), § 1, eff. Sept. 1, 2010.)
