Current through 11/5/2024 election
Section 38-12-1408 - Rent-to-own contract - conclusion(1) For any rent-to-own contract, within ten days of receiving the final purchase payment, the seller must assign the title to the mobile home to the purchaser and provide the purchaser all documents in the seller's control necessary for the purchaser to transfer title to the mobile home. The seller shall assign the title to the mobile home without placing any restrictions on the title or on the buyer's ownership rights to the mobile home.(2) Before assigning the title of a mobile home to the purchaser, the seller must pay any then-owed property taxes assessed on the mobile home or provide a credit to the purchaser, prorated to the date that the mobile home's title is assigned to the purchaser.(3) A seller shall not impose any other fees, charges, or other costs on the purchase of a mobile home as a condition of concluding the rent-to-own contract.(4) In addition to all other remedies available pursuant to section 38-12-220 and other state law, if the seller of a mobile home has failed to properly repair or maintain the mobile home as required by section 38-12-1403 at the time the purchaser of a mobile home makes the final payment under the rent-to-own contract, the purchaser may exercise the purchaser's right of private action pursuant to section 38-12-220. If the purchaser prevails, in addition to damages available pursuant to section 38-12-220, a court may award treble damages if the court determines that the seller's failure to repair or maintain the mobile home was negligent or willful.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.