Current through 2024 Act No. 225.
Section 40-29-260 - Warranty requirements(A) A manufactured home manufacturer warrants the following on each new manufactured home sold in the State for one year from the date of completion of installation of the manufactured home for the consumer:(1) all structural elements, plumbing systems, heating, cooling, and fuel burning systems, electrical systems, and any other components included are manufactured and installed free from defect in material and workmanship;(2) the manufactured home complies with this chapter and regulations promulgated under this chapter;(3) all appliances and equipment installed in the manufactured home must be free from defects in material and workmanship for one year, unless a valid warranty from the manufacturer or dealer of the appliances and equipment is furnished warranting against defects in materials and workmanship to the consumer for at least one year from date of delivery;(4) appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer by the department or by the consumer;(5) the warranty may not be voided as long as the installation of the manufactured home conforms to the standards adopted in this chapter;(6) repair work performed under the one-year warranty is warranted for at least ninety days or until the end of the original one-year warranty, whichever is later.(B) A manufactured home retail dealer warrants the following on each new manufactured home sold in the State for one year from the date of completion of installation of the manufactured home for the consumer:(1) all changes, additions, or alterations made to the manufactured home by the manufactured home retail dealer are free from defects in materials and workmanship and do not bring the manufactured home out of compliance with the standards and that all appliances and equipment installed by the manufactured home retail dealer are free from defects in materials and workmanship unless a valid written warranty from the manufacturer or dealer of the appliances and equipment is furnished to the consumer warranting against a defect in materials or workmanship for a period of time customary in the industry for a warranty for the particular appliance or equipment;(2) appropriate corrective action must be taken within a reasonable time after the warranty violation has been communicated to the manufactured home retail dealer by the department or by the consumer;(3) repair work on changes, additions, or alterations authorized by the manufactured home manufacturer must be warranted for at least ninety days or until the end of the original one-year warranty, whichever is later;(4) installation performed by the dealer of the manufactured home must be performed in compliance with applicable federal or state law regulations or standards for the installation of manufactured homes and during the course of installation and transportation of the manufactured home by the manufactured home retail dealer, defects do not occur;(5) alterations or modifications made by a manufactured home retail dealer without authorization of the manufactured home manufacturer relieve the manufactured home manufacturer of warranty responsibility as to the items altered or modified and any damage resulting from the alteration or modification.(C) For twelve months after completion of the work a manufactured home contractor warrants: (1) all installations are performed in accordance with applicable state or federal law, regulations, or standards for the installation of manufactured homes;(2) all modifications, alterations, or repairs are performed in compliance with applicable state or federal law, regulations, or standards;(3) his performance will not cause defects in the home.(D) For twelve months after completion of the work a manufactured home installer warrants that: (1) all installations are performed in compliance with applicable state or federal law, regulations, or standards for the installation of manufactured homes;(2) his performance will not cause defects in the home.(E) For at least ninety days after completion of the work a manufactured home repairer warrants that:(1) all modifications, alterations, and repairs are performed in compliance with applicable state or federal law, regulations, or standards for the modification or repair of manufactured homes;(2) his performance will not cause defects in the home.(F) Appropriate corrective action must be taken within a reasonable period of time after the warranty violation has been communicated to the manufactured home manufacturer, retail dealer, contractor, installer, or repairer by the department or by the consumer.2001 Act No. 61, Section 1. Prior Laws:1989 Act No. 128, Section 1; 1996 Act No. 301, Section 12; 1976 Code Section 40-29-170.