Current through 11/5/2024 election
Section 38-12-1403 - Duties of the seller(1) For any rent-to-own contract, the seller of the mobile home shall: (a) Remain responsible for any repairs of conditions that could endanger the health or safety of a buyer, except for conditions caused by a buyer's gross negligence or willful conduct, until the purchaser becomes the owner of the mobile home and receives the title to the mobile home from the seller or until the lot lease and mobile home lease are legally and validly terminated;(b) Ensure that the mobile home is habitable under state and local law before entering into a rent-to-own agreement;(c) Bear the reasonable costs of repairs or maintenance related to the mobile home during the term of the rent-to-own contract so long as the repair or maintenance was not caused by the purchaser's gross negligence or intentional misconduct;(d) Timely pay all property taxes assessed on the mobile home until the purchaser becomes the owner of the mobile home and receives the title to the mobile home from the seller. The seller may prorate any property taxes owed at the time the title to the mobile home is transferred; and(e) Return to the purchaser of the mobile home all purchase payments made by the purchaser if the mobile home is rendered unfit for habitation by causes outside of either the purchaser's or the seller's control. If the purchaser owes the seller any money related to the mobile home lease at the time a mobile home is destroyed, the seller may deduct the owed money from any accumulated purchase payments. The seller shall return the accumulated purchase payments within ten days of the date the mobile home was destroyed.Added by 2024 Ch. 399,§ 18, eff. 6/30/2024, app. to rent-to-own mobile home contracts formed on or after 6/30/2024.