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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 10. COMMERCE AND TRADE
Chapter : Chapter 213. MANUFACTURED HOUSING WARRANTIES (HEADING. PL 1993, c. 642, @1 (rpr))
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Title 10 - §1401. Scope
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 213: MANUFACTURED HOUSING WARRANTIES (HEADING: PL 1993, c. 642, @1 (rpr))
§1401. Scope
All new manufactured homes sold by a dealer are covered by the warranties established by this chapter.
[1993, c. 642, §2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1402. Definitions
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 213: MANUFACTURED HOUSING WARRANTIES (HEADING: PL 1993, c. 642, @1 (rpr))
§1402. Definitions
As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings.
[1973, c. 435 (new).]
1. Dealer. "Dealer" includes a person who customarily sells manufactured housing to consumers and is subject to the jurisdiction of
this State under Title 14, section 704-A.
[1993, c. 642, §3 (amd).]
2. Mobile home.
[1993, c. 642, §4 (rp).]
3. Installer. "Installer" means any person, including but not limited to a dealer or mechanic, who installs or sets up manufactured housing
for a buyer.
[1993, c. 642, §5 (new).]
4. Manufactured housing. "Manufactured housing" has the same meaning as set forth in section 9002, subsection 7, paragraphs A and B.
[1993, c. 642, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1403. Application
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 213: MANUFACTURED HOUSING WARRANTIES (HEADING: PL 1993, c. 642, @1 (rpr))
§1403. Application
1. Warranty on housing. The warranty established in section 1404 applies to:
A. The manufacturer of manufactured housing;
[1993, c. 642, §6 (new).]
B. The dealer who sells manufactured housing to the buyer; and
[1993, c. 642, §6 (new).]
C. A person who, in the ordinary course of business and under contract with or as an employee or agent of a dealer located
in another state, transports manufactured housing into the State or installs manufactured housing transported into the State.
[1993, c. 642, §6 (new).]
[1993, c. 642, §6 (rpr).]
2. Warranty on installation. The warranty established in section 1404-A applies to the installer of manufactured housing. When the dealer subcontracts
with an installer for the installation of manufactured housing in the State, the dealer and the installer are jointly and
severally liable for the warranty established in section 1404-A.
[1993, c. 642, §6 (rpr).]
3. Carrier; installer.
[1993, c. 642, §6 (rp).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1404-A. Installation warranty
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 213: MANUFACTURED HOUSING WARRANTIES (HEADING: PL 1993, c. 642, @1 (rpr))
§1404-A. Installation warranty
The installer or the installer and the dealer, when the dealer is responsible for the installation, shall provide a written
warranty with each new manufactured housing unit installed for a buyer. The installer shall deliver the written warranty
to the buyer at the time of the installation. The warranty must contain the following:
[1993, c. 642, §7 (new).]
1. Materials and workmanship. That the installation is free from any substantial defects in materials or workmanship;
[1993, c. 642, §7 (new).]
2. Corrective action. That the installer or the installer and the dealer, when the dealer is responsible for the installation, shall take appropriate
corrective action at the site of the manufactured housing in instances of substantial defects in materials or workmanship
that become evident within one year from the date of the installation of the manufactured housing if the buyer or the buyer's
transferee gives written notice of the defects to the installer or the installer and the dealer, when the dealer is responsible
for installation, at the installer's or the installer's and the dealer's business addresses no later than one year and 10
days after the date of installation;
[1993, c. 642, §7 (new).]
3. Liability. That the installer or the installer and the dealer, when the dealer is responsible for the installation, are liable to the
buyer for the fulfillment of the terms of the warranty; and
[1993, c. 642, §7 (new).]
4. Name, address and phone number of installer. The name, address and phone number of the installer or the installer and the dealer, when the dealer is responsible for
the installation, to whom written notice of defects must be mailed or delivered by the buyer.
[1993, c. 642, §7 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1404. Written warranty; contents
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 213: MANUFACTURED HOUSING WARRANTIES (HEADING: PL 1993, c. 642, @1 (rpr))
§1404. Written warranty; contents
A statutory warranty is hereby established under which both the manufacturer and the dealer certify that to the best of their
knowledge, the new mobile home is free from any substantial defects in materials and workmanship. The dealer shall deliver
the written warranty to the buyer at the time of sale and the warranty shall contain the following terms:
[1989, c. 717, §1 (amd).]
1. Defects. That the mobile home is free from any substantial defects in materials or workmanship;
[1973, c. 435 (new).]
2. Corrective action. That the manufacturer or dealer or both shall take appropriate corrective action at the site of the mobile home in instances
of substantial defects in materials or workmanship, which become evident within one year from the date of the delivery of
the mobile home to the consumer, provided the consumer or his transferee gives written notice of such defects to the manufacturer
or dealer at their business address not later than one year and 10 days after date of delivery.
[1973, c. 435 (new).]
3. Liability. That the manufacturer and dealer shall be jointly and severally liable to the consumer for the fulfillment of the terms of
warranty, and the consumer may notify either one or both of the need for appropriate corrective action in instances of substantial
defects in materials or workmanship;
[1973, c. 754, § 2 (new).]
4. Name, address and phone number of manufacturer. That the name, address and phone number of the manufacturer and the dealer where the consumer must mail or deliver written
notice of defects to either the dealer or the manufacturer, or both, shall be set forth in the document;
[1973, c. 754, § 2 (new).]
5. Responsibility. That while the manufacturers of any or all appliances may also issue their own warranties, the primary responsibility for
appropriate corrective action under the warranty rests with the dealer and manufacturer, and the consumer should report all
complaints to the dealer and manufacturer initially; and
[1989, c. 717, §2 (amd).]
6. Warranty supplemental. That this statutory warranty is in addition to any express warranty provided by the manufacturer or dealer and any warranty
created by state or federal law, including the implied warranties of merchantability and fitness for a specific purpose.
The Manufactured Housing Board, in consultation with the Department of the Attorney General, shall prepare a written warranty
form that contains the terms of subsections 1 to 5 and shall ensure that this warranty form is distributed to all dealers
and manufacturers doing business in this State.
[1989, c. 717, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1405. Cumulative remedies; prohibition against waiver
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 213: MANUFACTURED HOUSING WARRANTIES (HEADING: PL 1993, c. 642, @1 (rpr))
§1405. Cumulative remedies; prohibition against waiver
The warranty under this chapter shall be in addition to and not in derogation of all other rights and privileges which such
consumer may have under any other law or instrument. The manufacturer or dealer shall not require the buyer to waive his rights
under this chapter and any such waiver shall be deemed contrary to public policy and shall be unenforceable and void.
[1973, c. 435 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 10 - §1406. Violation as unfair trade practice
Title 10: COMMERCE AND TRADE
Part 3: REGULATION OF TRADE
Chapter 213: MANUFACTURED HOUSING WARRANTIES (HEADING: PL 1993, c. 642, @1 (rpr))
§1406. Violation as unfair trade practice
Any violation of this chapter shall constitute a violation of Title 5, chapter 10, Unfair Trade Practices Act.
[1973, c. 435 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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