"NEW SECTION.  Sec. 1   The legislature finds that restricting the use of consignment contract sales of manufactured/mobile homes in favor of listing agreement sales by listing dealers or other vehicle dealers is necessary to protect the interests of homeowners, especially those who are elderly. Although a manufactured/mobile home is considered a vehicle, it is also a home, and those manufactured/mobile homes that are used as homes should not be sold strictly as a vehicle in the care of a dealer. The department of licensing by rule recognizes that a manufactured/mobile home is not simply a vehicle but a home.
     The legislature also finds that a consignment contract is not transparent to the parties involved. The agent or dealer can easily hide or disguise terms of sale that can be detrimental to both the buyer and the seller and beneficial to the agent or dealer.
     Therefore, the legislature intends this act to require the use of a listing agreement for the sale of a used manufactured/mobile home to ensure a transparent transaction between the parties.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.70 RCW to read as follows:
     (1) As used in this section:
     (a) "Consignment" means an arrangement where a vehicle dealer accepts delivery or entrustment of a vehicle and agrees to sell the vehicle on behalf of another.
     (b) "Listing agreement" means a contract between a seller of a used manufactured/mobile home and a listing dealer to locate a willing buyer for the used manufactured/mobile home.
     (2)(a) If a listing dealer or other vehicle dealer of manufactured/mobile homes acts on behalf of a seller for the sale and transfer of a used manufactured/mobile home, the listing dealer or other vehicle dealer shall use a listing agreement only and is prohibited from entering into a consignment contract if the used manufactured/mobile home:
     (i) Exists as a finished home certified for occupancy and located in a manufactured/mobile home community or on private land; and
     (ii) Is intended to remain at its location as a home, or will be moved to another manufactured/mobile home community or private land as a home, upon the sale and transfer of ownership.
     (b) The listing agreement used under this subsection must state the amount of compensation to be paid to the listing dealer or other vehicle dealer for the sale of the used manufactured/mobile home, which may be expressed as a fixed dollar amount, a percentage of the sales price, or another means of compensation.
     (3) The listing dealer or other vehicle dealer shall negotiate the purchase agreement between the seller and buyer of the used manufactured/mobile home, which must include the following procedure:
     (a) All written purchase offers bearing the buyer's signature must immediately be delivered to the seller for acceptance or refusal.
     (b) The seller accepts the purchase agreement by signing the offer. A copy of the purchase agreement must be delivered to the buyer immediately following the seller signing and accepting the offer as proof that the buyer's purchase offer was accepted.
     (c) Any counteroffers or amendments to the purchase agreement must also bear the signatures of both the buyer and seller, and copies of the counteroffers or amendments must be delivered to each party.
     (4) The listing dealer or other vehicle dealer must follow all other requirements under this chapter.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.70 RCW to read as follows:
     A listing dealer or other vehicle dealer of manufactured/mobile homes acting on behalf of a seller for the sale and transfer of a used manufactured/mobile home shall complete and attach to any listing agreement the following notice:

The description and physical location of the used manufactured/mobile home to be sold under this listing agreement is . . . . . . . . . . . .

. . . . . . . . . . . .

. . . . . . . . . . . . .

The compensation to be paid to the listing dealer or other vehicle dealer for the sale of the used manufactured/mobile home is

. . . . . . . . . . . .

. . . . . . . . . . . . .

Any changes to the compensation to be paid to the listing dealer or other vehicle dealer for the sale of the used manufactured/mobile home must be . . . . . . . . . . . . .

Sec. 4   RCW 46.70.028 and 2000 c 131 s 2 are each amended to read as follows:
     Dealers who transact dealer business by consignment shall obtain a consignment contract for sale and shall comply with applicable provisions of this chapter ((46.70 RCW)). The dealer shall place all funds received from the sale of the consigned vehicle in a trust account until the sale is completed, except that the dealer shall pay any outstanding liens against the vehicle from these funds. Where title has been delivered to the purchaser, the dealer shall pay the amount due a consignor within ten days after the sale. However, in the case of a consignment from a licensed vehicle dealer from any state, the wholesale auto auction shall pay the consignor within twenty days. Dealers are also subject to the requirements of sections 2 and 3 of this act.

Sec. 5   RCW 46.70.029 and 2001 c 64 s 8 are each amended to read as follows:
     Listing dealers shall transact dealer business by obtaining a listing agreement for sale, and the buyer's purchase of the mobile home shall be handled as dealer inventory. All funds from the purchaser shall be placed in a trust account until the sale is completed, except that the dealer shall pay any outstanding liens against the mobile home from these funds. Where title has been delivered to the purchaser, the listing dealer shall pay the amount due a seller within ten days after the sale of a listed mobile home. A complete account of all funds received and disbursed shall be given to the seller or consignor after the sale is completed. The sale of listed mobile homes imposes the same duty under RCW 46.70.122 on the listing dealer as any other sale. Listing dealers are also subject to the requirements of sections 2 and 3 of this act."