BILL REQ. #: S-2202.1
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/25/09.
AN ACT Relating to the sale of used manufactured/mobile homes; adding new sections 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.
NEW SECTION. Sec. 3 A new section is added to chapter 46.70 RCW
to read as follows:
A professional agent, dealer, or broker 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
contract the following notice:
The description and physical location of the used manufactured/mobile home to be sold under this listing contract is . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . . .
The compensation to be paid to the professional agent, dealer, or broker for the sale of the used manufactured/mobile home is
. . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . . .
Any changes to the compensation to be paid to the professional agent, dealer, or broker for the sale of the used manufactured/mobile home must be . . . . . . . . . . . . .