A. A person required to be licensed pursuant to this article may not sell or offer to sell in this state any manufactured home or factory-built building unless the proper state certificate or HUD label is affixed to such unit.

Attorney's Note

Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 6 monthsup to $2,500
For details, see § 13-707

Terms Used In Arizona Laws 41-4048

  • Act: means the national manufactured housing construction and safety standards act of 1974 and title VI of the housing and community development act of 1974 (P. See Arizona Laws 41-4001
  • Broker: means any person who acts as an agent for the sale or exchange of a used manufactured home or mobile home except as exempted in section 41-4028. See Arizona Laws 41-4001
  • Certificate: means a numbered or serialized label or seal that is issued by the director as certification of compliance with this chapter. See Arizona Laws 41-4001
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Dealer: means any person who sells, exchanges, buys, offers or attempts to negotiate or who acts as an agent for the sale or exchange of factory-built buildings, manufactured homes or mobile homes except as exempted in section 41-4028. See Arizona Laws 41-4001
  • Department: means the Arizona department of housing. See Arizona Laws 41-4001
  • Director: means the director of the department. See Arizona Laws 41-4001
  • HUD: means the United States department of housing and urban development. See Arizona Laws 41-4001
  • Installer: means any person who engages in the business of performing installations of manufactured homes, mobile homes or factory-built buildings. See Arizona Laws 41-4001
  • Listing agreement: means a document that contains the name and address of the seller, the year, manufacturer and serial number of the listed unit, the beginning and ending dates of the time period that the agreement is in force, the name of the lender and lien amount, if applicable, the price the seller is requesting for the unit, the commission to be paid to the licensee and the signatures of the sellers and the licensee who obtains the listing. See Arizona Laws 41-4001
  • Manufactured home: means a structure built in accordance with the act. See Arizona Laws 41-4001
  • Manufacturer: means any person that is engaged in manufacturing, assembling or reconstructing any unit regulated by this chapter. See Arizona Laws 41-4001
  • Mobile home: means a structure built before June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities. See Arizona Laws 41-4001
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Purchaser: means a person purchasing a unit in good faith from a licensed dealer or broker for purposes other than resale. See Arizona Laws 41-4001
  • Salesperson: means any person who, for a salary, commission or compensation of any kind, is employed by or acts on behalf of any dealer or broker of manufactured homes, mobile homes or factory-built buildings to sell, exchange, buy, offer or attempt to negotiate or act as an agent for the sale or exchange of an interest in a manufactured home, mobile home or factory-built building. See Arizona Laws 41-4001
  • Unit: means a manufactured home, mobile home, factory-built building or accessory structures. See Arizona Laws 41-4001
  • Writing: includes printing. See Arizona Laws 1-215

B. A person required to be licensed pursuant to this article may not manufacture for delivery, sell or offer to sell in this state any manufactured home or factory-built building unless the unit and its components, systems and appliances have been constructed and assembled in accordance with the standards and rules adopted pursuant to this chapter.

C. A person shall not occupy or otherwise use a mobile home that has been brought into this state or move a mobile home from one mobile home park in this state to another mobile home park in this state unless it meets the standards adopted pursuant to this chapter and displays the proper state certificate. A mobile home that is rehabilitated in accordance with rehabilitation rules adopted by the department and receives a certificate shall be deemed by a county or municipality to be acceptable for relocation into an existing mobile home park. This subsection does not apply to a person bringing a mobile home into this state as a tourist.

D. A person shall not advertise or offer for sale a mobile home that has been brought into this state unless it meets the standards adopted pursuant to this chapter and displays the proper state certificate.

E. A person may not remove or cause to be removed a certificate or a notice of violation without prior authorization of the department.

F. A person shall not occupy or use a mobile home in violation of an order to vacate issued pursuant to section 41-4004, subsection A, paragraph 6.

G. Except as provided in subsections I and J of this section, a person who violates this chapter, or any such rule or standard, is guilty of a class 2 misdemeanor.

H. The director, after notice and a hearing pursuant to section 41-4031, subsection A, may deny the issuance of a license or revoke or suspend the license of, impose an administrative penalty on or place on probation any manufacturer, dealer, broker, salesperson or installer who has violated this chapter or any standards and rules adopted pursuant to this chapter.

I. Any manufacturer, dealer, broker, salesperson or installer who knowingly violates this chapter or the rules adopted pursuant to section 41-4010, subsection A, paragraph 1, 2, 9 or 10 or any person who knowingly provides false information to seek reimbursement of expenses under section 41-4008 is guilty of a class 1 misdemeanor. Each violation of this chapter shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required by this chapter, except that the maximum fine may not exceed one million dollars for any related series of violations occurring within one year after the date of the first violation.

J. An individual or a director, officer or agent of a corporation who knowingly violates this chapter or the rules adopted pursuant to this chapter in a manner that threatens the health or safety of any purchaser is guilty of a class 1 misdemeanor.

K. A manufacturer, dealer or salesperson shall not knowingly sell a unit regulated by this chapter to an unlicensed person for the purpose of resale, nor shall a dealer offer for sale or sell a new unit manufactured by an unlicensed person.

L. In addition to any other obligations imposed by law or contract during the term of a listing agreement, a licensee who has agreed to act as an agent to offer a mobile home, manufactured home or factory-built building for sale shall promptly submit all offers to purchase the listed unit from any source to the client. The offers shall be in writing and signed and dated by the party making the offer and the client on receipt. A copy of the executed document shall be maintained as part of the record of sales.

M. A licensee, owner or other persons may not manufacture, alter, reconstruct or install units regulated by this chapter, unless it is accomplished in a workmanlike manner in accordance with the rules adopted pursuant to this chapter and is suitable for the intended purpose.