AS Title 45, Chapter 30: Sales of Mobile Homes

Chapter 30. Sales of Mobile Homes. Sec. 45.30.010. Mobile home standards. [Repealed, § 5 ch 104 SLA 1980.] Sec. 45.30.011. Mobile home warranties. (a) After August 27, 1980, a new mobile home sold by a mobile home dealer to a buyer is subject to a mobile home warranty. A mobile home warranty shall be set out in a separate written document entitled “Mobile Home Warranty,” which shall be delivered to the buyer by the mobile home dealer at the time a contract of sale is signed. The warranty must contain the name, address, and telephone number of the mobile home manufacturer and the mobile home dealer and must include at least the following provisions: (1) the mobile home is free from any substantial defects in materials and workmanship; (2) the manufacturer or dealer, or both, shall take appropriate action at the site of the mobile home to correct substantial defects in materials or workmanship that become evident within one year of the date of delivery of the mobile home to the buyer if the buyer, or a transferee of the buyer, gives written notice of the defect by registered or certified mail addressed to the business address of the manufacturer or dealer on a date that is not more than one year and 10 days after date of delivery of the mobile home; (3) the manufacturer and the dealer are jointly and severally liable to the buyer, or a transferee of the buyer, for the fulfillment of the terms of warranty, and the buyer may notify the manufacturer or the dealer, or both, in the event action is required to correct substantial defects in materials or workmanship; (4) the warranty is applicable to the mobile home structure, its plumbing, heating, and electrical systems, and all appliances and equipment installed or included in the mobile home unit by the manufacturer or dealer; and (5) notwithstanding separate warranties applicable to appliances contained within a mobile home unit issued by the manufacturers of the appliances, primary responsibility for appropriate corrective action under the warranty rests with the manufacturer and the dealer of the mobile home unit, and written notice of defects must be initially reported to them. (b) The warranty provided under (a) of this section is in addition to, and not in derogation of, all other rights and remedies that a buyer may have under any other law or instrument. (c) The manufacturer and the dealer may not require the buyer to waive the buyer's rights under (a) of this section. A waiver of rights required by a manufacturer or dealer is contrary to public policy and is unenforceable. (d) A mobile home dealer shall display a notice of reasonable size stating the applicability of the warranty required by this section, and shall, upon request, provide a sample copy of the warranty. The notice shall be posted in each area in which purchase orders and sales contracts for mobile homes are written. (e) The manufacturer shall compensate a mobile home dealer who incurs expenses as a result of warranty obligations for which the manufacturer is legally responsible or for obligations that the manufacturer imposes upon the dealer. A provision of contract which is contrary to this subsection is void as against public policy. (f) In this section, a defect is “substantial” if it materially affects the fitness of the mobile home for occupancy or use by the buyer or a transferee. Sec. 45.30.015. Bonds. (a) A manufacturer constructing mobile homes for sale in the state shall deposit a performance bond in the amount of $100,000 with the department to assure compliance with the provisions of AS 45.30.011 . (b) A manufacturer who discontinues construction of mobile homes for sale in the state shall maintain a performance bond in the required amount for a period of 24 months after the date the last mobile home was delivered to a buyer in the state. Sec. 45.30.018. Private cause of action against bond. (a) A buyer who has a claim against the manufacturer of the buyer's mobile home for failure to fulfill the manufacturer's obligations under AS 45.30.011 may file an action upon the bond required by AS 45.30.015 . (b) Two copies of the complaint and the summons shall be served by certified mail on the attorney general at the time the action is filed. Service upon the attorney general constitutes service on the surety. The attorney general shall transmit one copy of the complaint and summons to the surety within three business days after receiving the summons and complaint. The attorney general shall maintain a record, available for public inspection, of all actions commenced under this section. (c) The remedy provided in this section is in addition to, and not in derogation of, all other rights and remedies that a buyer may have under another law or instrument. Sec. 45.30.020. Duties of department. [Repealed, § 5 ch 123 SLA 1972.] Sec. 45.30.025. Surety's liability and right to cancel bond. (a) The surety shall inform the attorney general in writing of all claims against the bond lodged directly with the surety and all sums paid against the bond. (b) The surety on the bond is not liable in an aggregate amount in excess of that named in the bond. (c) Nothing in this chapter impairs the right of a surety to cancel its bond for lawful reasons; however, a cancellation does not extinguish the surety's liability on the bond for mobile homes previously delivered to buyers in the state. Sec. 45.30.030. Administration. [Repealed, § 5 ch 104 SLA 1980.] Sec. 45.30.040. Enforcement of compliance. (a) A department inspector shall give written notice to the owner, dealer, or manufacturer of a mobile home of each violation of AS 45.30.011 . The notice of violation shall accurately describe the violation and give specific reference to the section and paragraph of the statutes. (b) [Repealed by § 5 ch 104 SLA 1980.] (c) Whenever it determines that there may be a violation of the provisions of this chapter by a manufacturer or dealer of mobile homes, the department may give notice of hearing, and, within 30 days after giving notice, a hearing shall be held by the office of administrative hearings ( AS 44.64.010 ) to determine whether there has been a violation. After notice and hearing, (1) if the department finds that there has been a violation of the provisions of this chapter, the department may issue an order directing that the person who is violating the provision cure the violation in a reasonable time and in a reasonable manner; (2) if the department determines that violations of the provisions of this chapter are regular and recurring, it may require forfeiture of the bond to the benefit of the state and arrange for distribution of the proceeds of the bond to the mobile home owners injured by the activities of the dealer or manufacturer, or to mobile home dealers injured by the activities of the manufacturer. (d) The provisions of AS 44.62.330 — 44.62.630 apply to a hearing held under (c) of this section. Sec. 45.30.050. Penalty. [Repealed, § 5 ch 104 SLA 1980.] Sec. 45.30.060. Definitions. [Repealed, § 5 ch 123 SLA 1972.] Sec. 45.30.070. Agreements to locate prohibited. A vendor of mobile homes may not require as a condition of sale that a purchaser locate the mobile home in a particular mobile home park or in one of a particular group of mobile home parks. Sec. 45.30.100. Definitions. In this chapter, (1) “buyer” means a person who purchases a mobile home for personal use and not for purposes of resale; (2) “department” means the Department of Law; (3) “mobile home” means a vehicle designed and equipped for human habitation, and which may be drawn by a motor vehicle only when authorized by permit.