BILL REQ. #:  H-1024.1 

Read first time 01/23/09.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to the sale of used manufactured/mobile homes; adding a new section to chapter 46.70 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that restricting the use of consignment contract sales of manufactured/mobile homes in favor of listing contract sales by agents, brokers, or 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 contract 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 contract" 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 professional agent, dealer, or broker of manufactured/mobile homes acts on behalf of a seller for the sale and transfer of a used manufactured/mobile home, the professional agent, dealer, or broker shall use a listing contract 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 contract used under this subsection must state the amount of compensation to be paid to the professional agent, dealer, or broker 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 agent or dealer shall negotiate the 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 be presented to the seller for acceptance or refusal. A copy of the purchase agreement must be delivered to the seller immediately following the buyer signing the offer.
     (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.
     (c) A copy of the purchase agreement that bears the seller's signature must be delivered to the buyer as proof that the buyer's offer was accepted.
     (d) 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 agent or dealer must follow all other requirements under WAC 308-66-157 and RCW 46.70.122.