Okla. Admin. Code § 765:35-5-1

Current through Vol. 41, No. 19, June 17, 2024

Section 765:35-5-1 - Forms required

(a)Forms. The following forms shall be required in the sale of a manufactured home by a manufactured home dealer:

(1) Sales contract, bill of sale or buyer's order,

(2) Written notice of thirty (30) day title-transfer requirement and receipt for delivery of certificate of title to buyer,

(3) Condition of sale:

(A) warranty, or

(B) service contract, or

(C) warranty disclaimer,

(4) Finance or security agreement, if applicable, and

(5) Consignment agreement, if applicable.

(6) A completed copy of the I-Form from the installer who installed the manufactured home

(b)Approval. All forms must be approved by the Commission. The content and forms to be used shall be filed ten (10) days prior to use, and if not rejected in ten (10) days from the filing date, the forms will be conditionally approved.

(c)Standards. The forms required shall contain substantially the following information:

(1) Sales contract, bill of sale, or buyer's order. The sales contract, bill of sale, or buyer's order shall state the names of the parties, the make, model, tag number and serial number of the manufactured home subject to the transaction, if available, a statement of the selling amount, a description of the manufactured home traded in, if any, and the consideration given therefore, and

(2) Title and tax transfer notice requirement. It shall be the duty of every person licensed to sell manufactured homes to advise each purchaser in writing about his title requirements and payment of any taxes due.

(3) If a prospective purchaser makes a deposit of anything of value to obtain the option to complete a purchase (of a manufactured home) in the future, the dealer shall acknowledge the deposit in writing, the time period for which the option to purchase is valid, whether the deposit is refundable in whole or in part, and the conditions, if any under which the deposit may be refunded. The deposit shall be deemed refundable unless it is clearly stated in writing that the deposit or a portion thereof is non-refundable.

Okla. Admin. Code § 765:35-5-1

Added at 10 Ok Reg 4159, eff 7-26-93; Amended at 17 Ok Reg 2723, eff 6-25-00; Amended at 23 Ok Reg 2896, eff 6-25-06

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015

Amended by Oklahoma Register, Volume 40, Issue 23, August 15, 2023, eff. 8/25/2023