Retailer Resources

The sale of a manufactured home will not be considered complete until all services are complete that were agreed upon at the time the contract was entered into. For example, when a retailer is providing the installation and the installation causes safety hazards or takes the home out of compliance, and those issues are discovered during the installation of the home, the sale or lease of the home is not complete until the home is corrected. [3282.252(b)]

No. A retailer or distributor cannot sell, offer for sale, lease, or offer for lease a new home that knowingly contains a failure to conform to the standards. [3282.252(a)]

Retailers must contact the manufacturer, provide full information concerning the problem, and request appropriate action. This action may include manufacturer repair or authorization for you to
repair on a reimbursable basis. [3282.414(b)] You may not offer to sell or lease the home unit it meets the federal standards.

HUD does not prohibit the sale of used home without labels or the sale or lease of a used home that contains a failure to conform. However, state and local authorities having jurisdiction may impose terms, conditions, and requirements regarding the sale of used homes.

In this situation, a retailer needs to refer the matter to the State Administrative Agency (SAA) where the home is located or to HUD if there is no SAA [3282.256(a)]. A list of SAAs with contact information is available on HUD’s website at https://www.hud.gov/program_offices/housing/mhs/csp/mhssaa.

Retailer and distributor are integral in the supply chain for the manufactured housing industry and have a significant and integral responsibilities within the federal and state programs. Retailers and distributors need to be familiar with the entire set of program regulations with a focus on the regulatory responsibilities outlined in Subparts F and I of the Manufactured Home Procedural and Enforcement Regulations, Subparts A and G of the Manufactured
Home Installation Program Regulations, and Subparts A and B of the Dispute Resolution Program Regulations. Entities should also seek guidance for responsibilities of retailers and distributors under state law and state program requirements and understand that some states administer their own qualifying installation and/or
dispute resolution programs.

YES. Failure to comply with the Federal Regulations may result in civil and or criminal penalties, imposed by HUD or a Statebased agency. Assessed penalties are $1,100 per violation up to a maximum of $1,100,000 for related violations. Furthermore, any person other than an officer or employee of the Unites States, or a person exercising inspection functions under a State Plan, who knowingly and willfully fails to report a violation of the Federal
Regulations may be fined up to $1,100 or imprisoned for up to one year or both. [42 USC 5420, 3282.10]

There are various pieces of information that must be forwarded or otherwise sent to home manufacturers. This information includes purchaser information, information regarding consumer complaints, and other information as may become known about the compliance and performance of manufactured homes on retailer lots.

YES. Retailers are responsible for providing installation instructions to the purchaser and/or installer of the manufactured home. [3286.103]
The Regulations require the manufacturer to put the consumer manual in a conspicuous location in the home to ensure that only the purchaser removes it. No retailer or distributor may interfere with the distribution of the consumer manual. The retailer shall take any appropriate steps to ensure the purchaser receives a consumer manual. [3282.207(d)]

YES. The Regulations require the manufacturer to place a notice in each home informing prospective purchasers and consumers about potential for formaldehyde emissions from the products used in the construction and assembly of the home. This
notice must be placed in a conspicuous location in the home to ensure that only the consumer removes it. No retailer or distributor may interfere with the availability of the consumer to view and obtain this notice. The retailer shall take any appropriate steps to ensure the purchaser receives this health notice. [3280.309(c)]

YES. Each consumer manual should contain three postagepaid homeowner information cards. The retailer is responsible to complete one of these cards at the time of sale with appropriate owner information and return it to the home manufacturer. If the homeowner card is not available, the retailer needs to obtain the information the card requires and forward the information to the home manufacturer. [3282.255]

Before selling a manufactured home, the retailer is required to provide certain information to the purchaser or lessee. This includes, but is not limited to providing consumer notices, a copy of a consumer disclosure statement required in 3286.7(b) and advising of specific wind, thermal and roof load zone loads, and consumer notices on dispute resolution. The information that a retailer provides varies depending on how much they know about the home’s final location and aspects included in the sale of a new manufactured home.

Prior to execution of the sales contract to purchase or agreement to lease a manufactured home, the retailer must provide the purchaser or lessee with a consumer disclosure. This disclosure must be in a document separate from the sales or lease agreement. A sample disclosure that can be used as a model can be found on our resources page.

YES. Retailers must maintain complete records of all alterations and repairs conducted under its operations or under a service contract on new manufactured homes. [3282.414(b), 3282.254(c)]

YES. A retailer may correct or alter a home as long as the work does not create an imminent safety hazard or take the home out of conformance with the federal standards. [3282.254]. However, in order to avoid taking the home out of conformance, a retailer needs to receive manufacturer authorization, obtain applicable instructions, perform required testing, and maintain complete
records of the work (see definition of “alteration” in 3282.7.) The manufacturer alone is responsible to correct all failures to conform and imminent safety hazards on all homes not yet sold, regardless of the severity of the issue.