SENATE BILL REPORT

SB 5668

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 9, 2009

Title: An act relating to the sale of used manufactured/mobile homes.

Brief Description: Restricting the use of consignment contracts in the sale of used manufactured/mobile homes.

Sponsors: Senators Berkey, Schoesler, McCaslin, Benton and Marr.

Brief History:

Committee Activity: Financial Institutions, Housing & Insurance: 2/11/09, 2/25/09.

SENATE COMMITTEE ON FINANCIAL INSTITUTIONS, HOUSING & INSURANCE

Staff: Philip Brady (786-7460)

Background: Manufactured and mobile homes are considered vehicles under the law of Washington. Used manufactured and mobile homes may be sold either on consignment or by a listing contract. In a consignment contract, a vehicle dealer takes delivery or entrustment of a vehicle and agrees to sell it on behalf of the owner. In a listing contract, a listing dealer locates a buyer for the home on behalf of the owner. Under consignment contracts, buyers and sellers may never meet, reducing transparency and increasing the risk of undisclosed terms of sale.

Summary of Bill: Sale of used manufactured and mobile homes must be by listing contract if the manufactured or mobile home both exists as a home and is intended to remain a home. Listing contracts on manufactured or mobile homes must define the amount or type of compensation the agent, dealer, or broker will receive. A procedure for exchange of offers, counter offers, and acceptance are set out, and require both parties to see, sign, and receive the same documents.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.