§2602. Sale or transfer; price disclosure; mobile home uniform bill of sale

Link to law: http://legislature.vermont.gov/statutes/section/09/072/02602
Published: 2015

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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(3) [Repealed.]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.)
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