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32-7A DEALERS AND MANUFACTURERS OF MANUFACTURED HOMES AND MOBILE HOMES
CHAPTER 32-7A

DEALERS AND MANUFACTURERS OF MANUFACTURED HOMES AND MOBILE HOMES


32-7A-1      Definitions.
32-7A-2      Established place of business.
32-7A-3      License required--Exceptions--Violation as misdemeanor.
32-7A-3.1      Supplemental license for auxiliary or supplemental lots--Exemption for temporary locations.
32-7A-3.2      Temporary locations for certain purposes--Time limit--Zoning and building requirements.
32-7A-4      Repealed.
32-7A-4.1      Application required--Contents.
32-7A-4.2      Grounds for denial of license or application of §§ 32-7A-4.3 to 32-7A-4.8.
32-7A-4.3      Cease and desist order for specified violations--Period of effectiveness.
32-7A-4.4      Hearing on question of whether violations occurred--Procedures.
32-7A-4.5      Finality of cease and desist order.
32-7A-4.6      Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.
32-7A-4.7      Hearing to contest order to pay fine or suspend or revoke license--Procedures.
32-7A-4.8      Finality of order to pay fine or suspend or revoke license.
32-7A-5      Bond required for license.
32-7A-5.1      Notice to surety company of denial, suspension, or revocation of license.
32-7A-6      Separate licenses for places of business in different counties.
32-7A-7      Fee for license--Renewal.
32-7A-8      Disposition of fees.
32-7A-8.1      Increase in dealer bond amount--Implementation.
32-7A-9      Time for grant or denial of license--Issuance of certificate--Form.
32-7A-10      Dealers' plates--Issuance--Use--Fees.
32-7A-10.1      Mailing fees.
32-7A-11      Transportation of manufactured and mobile homes owned by dealer.
32-7A-12      Books, records, and files kept by licensees.
32-7A-12.1      Offer to sell, sale, or exchange of mobile or manufactured home without certificate of title allowed under specified circumstances.
32-7A-12.2      Agreement that dealer will satisfy lien by paying lienholder--Trade of mobile or manufactured home or consignment agreement--Theft.
32-7A-12.3      Time period to satisfy lien after receipt of funds--Offering mobile or manufactured home for sale prior to tender to lienholder.
32-7A-13      Fraud in contracts for sale, trade or purchase prohibited--Violation as misdemeanor.
32-7A-14      Repealed.
32-7A-14.1      Power of secretary to make rules and require uniformity in administration of statute--Duty of local officials.
32-7A-15      Used mobile or manufactured homes--Activities authorized by dealer or real estate license--Responsibilities of real estate licensee.
32-7A-16      Sales on consignment--Title requirements.
32-7A-17      Affidavit of taxes paid and registration of mobile home required for transfer of title--Violation as misdemeanor.
32-7A-18      Appointment of dealer inspectors--Entry--Complaints.
32-7A-19      Investigation--Purpose--Inspection--Examination.
32-7A-20 to 32-7A-22. Repealed.
32-7A-23      Application for injunction--Issuance without bond.


32-7A-1Definitions.

Terms used in this chapter mean:

(1)    "Auxiliary lot," a physically separate location, such as a mobile home park, manufactured housing rental community, manufactured housing subdivision, or any residential lot, where a licensed dealer displays manufactured homes or mobile homes.

(2)    "Dealer," any person, other than a manufacturer of a mobile home or a manufactured home, who, for a commission or with the intent to make a profit or gain, sells, exchanges, rents with option to purchase, offers or attempts to negotiate a sale, or makes an exchange of a mobile or manufactured home or who is engaged in the business of selling mobile or manufactured homes;

(3)    "Department," the Department of Revenue;

(4)    "Manufactured home," a structure, transportable in one or more sections, which is eight feet or more in width or forty feet or more in length in the traveling mode, or is three hundred twenty or more square feet when erected on a site; which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities; and which contains in it the plumbing, heating, air conditioning and electrical systems. The term includes any structure which has been certified by the secretary of housing and urban development as having complied with the National Manufactured Housing Construction and Safety Standards Act of 1974 as amended and in effect on January 1, 1984;

(5)    "Mobile home," a movable or portable unit, designed and constructed to be towed on its own chassis (comprised of frame and wheels), and designed to be connected to utilities for year-round occupancy. The term includes:

(a)    Units containing parts that may be folded, collapsed or telescoped when being towed and that may be expanded to provide additional cubic capacity; and

(b)    Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing;

(6)    "Supplemental lot," a physically separate location owned and maintained by a licensed dealer within the same county as the principal place of business;

(7)    "Temporary supplemental lot," a location other than the principal place of business or supplemental lot where a licensed dealer may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, auctions, shopping center promotions or tent sales. Such temporary supplemental lots shall meet all local zoning and building codes for the type of business being conducted.

Source: SL 1984, ch 223, § 1; SL 1986, ch 251, § 1; SL 1998, ch 183, § 1; SL 2004, ch 17, § 97; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2014, ch 137, § 3.


32-7A-2Established place of business.

For the purposes of this chapter, a principal place of business is an enclosed building or structure either owned in fee or leased, at which a permanent business of bartering, trading, and selling of mobile homes or manufactured homes is carried on. The place of business may not be a tent, temporary stand, or other temporary quarters, nor permanent quarters occupied pursuant to any temporary arrangement. However, a principal place of business may be a mobile home or manufactured home that has been properly mounted either on a permanent foundation or properly anchored and blocked. A licensee may use unimproved lots and premises for sale, storage, and display of mobile homes and manufactured homes. A licensee may use a residence located within or adjacent to his mobile home park or a manufactured home park as a principal place of business, unless prohibited by local zoning.

Source: SL 1984, ch 223, § 2; SL 1986, ch 251, § 2.


32-7A-3License required--Exceptions--Violation as misdemeanor.

No person may engage in the business, either exclusively or in addition to any other occupation, of selling or manufacturing mobile homes or manufactured homes, new or used, or shall offer to sell, solicit, or advertise the sale of mobile homes or manufactured homes, new or used, without first having acquired a license to do so. Any violation of this section is a Class 2 misdemeanor. Any subsequent violation that occurs within two years from any violation of this section is a Class 1 misdemeanor. The licensing requirements of this section do not apply to any regulated lenders as that term is defined in § 54-3-14, any insurance company authorized to do business in this state, or any financing institution as defined in and licensed pursuant to chapter 54-4 that acquires mobile homes or manufactured homes as an incident to its regular business.

Source: SL 1984, ch 223, § 3; SL 1986, ch 251, § 3; SL 2014, ch 137, § 7.


32-7A-3.1Supplemental license for auxiliary or supplemental lots--Exemption for temporary locations.

Any person licensed under this chapter, who sells manufactured homes or mobile homes at locations other than the principal place of business, shall obtain a supplemental license for each auxiliary or supplemental lot not contiguous to the location for which the original license is issued. Any supplemental lot shall be located within the county of the principal place of business of the licensee and shall meet local zoning codes or ordinances. Any manufactured home or mobile home located on an auxiliary lot shall meet local zoning codes or ordinances. Any auxiliary lot may be located outside of the county of principal place of business of the licensee. No supplemental license is required if one or more licensed dealers wish to display their manufactured homes or mobile homes at a temporary location as identified in § 32-7A-3.2.

Source: SL 1986, ch 251, § 4; SL 1998, ch 183, § 2.


32-7A-3.2Temporary locations for certain purposes--Time limit--Zoning and building requirements.

A licensed dealer may use a location other than the principal place of business or supplemental lots where he may conduct business for a period of time not to exceed ten consecutive days for a specific purpose such as fairs, farm and home shows, auctions, shopping center promotions, or tent sales. Such locations shall meet all local zoning and building codes for the type of business being conducted.

Source: SL 1986, ch 251, § 5.


32-7A-4
     32-7A-4.   Repealed by SL 1986, ch 251, § 6.


32-7A-4.1Application required--Contents.

Any person selling manufactured homes or mobile homes pursuant to the requirements of this chapter shall file with the department, upon forms provided by the department, an application including the following information:

(1)    The name and address of the applicant;

(2)    The name of the firm or copartnership, with the names and addresses of all members, if the applicant is a firm or copartnership;

(3)    The name of the corporation or limited liability company, with the names and addresses of the principal officers or limited liability company, if the applicant is a corporation or limited liability company;

(4)    The exact location of the place of business and, if owned by the applicant, when acquired. If the place of business is leased, a true copy of the lease shall accompany the application;

(5)    A certification that the location is the place where the applicant keeps and maintains books, records, and files necessary to conduct business, which shall be available at all reasonable hours to inspection by the department;

(6)    A consent to allow periodic inspections of the dealership by the department;

(7)    A description of the principal place of business and any supplemental lots;

(8)    A statement that the applicant is either franchised by a manufacturer of manufactured homes or mobile homes, in which case the brand name of each home that the applicant is franchised to sell shall be included, or is a used manufactured home or mobile home dealer;

(9)    The applicant's qualifications and business history, including whether the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate has ever been adjudged bankrupt or insolvent, or has any unsatisfied court judgments outstanding against them;

(10)    If the applicant, or any director, officer, member, limited or general partner, controlling shareholder, or affiliate, has been convicted of a crime within the previous ten years that either related directly to the business for which the license is sought or involved fraud, misrepresentation, or misuse of funds, or has suffered a judgment in a civil action involving fraud, misrepresentation or conversion within the previous five years or has had any government issued license or permit suspended or revoked as a result of an action brought by federal or state governmental agency in this or any other state within the last five years;

(11)    Such other information as the department may require; and

(12)    Verification as to the accuracy of the information provided by the applicant.

Source: SL 1986, ch 251, § 7; SL 2014, ch 139, § 8.


32-7A-4.2Grounds for denial of license or application of §§ 32-7A-4.3 to 32-7A-4.8.

The department may deny any application or apply the provisions of §§ 32-7A-4.3 to 32-7A-4.8, inclusive, on any license issued under the provisions of this chapter, for any of the following:

(1)    Commission of fraud or willful misrepresentation in the application for or in obtaining a license;

(2)    A previous manufacturer or dealer license revocation in this or any other state;

(3)    A violation of any law of this state which relates to dealing in manufactured homes or mobile homes;

(4)    Failure to comply with any administrative rule promulgated by the department;

(5)    Perpetration of a fraud upon any person as a result of dealing in manufactured homes or mobile homes;

(6)    Failure to allow department inspections, including initial and annual inspections, complaint investigations and necessary follow-up inspections;

(7)    Misrepresentation through false, deceptive, or misleading statements with regard to the sale or financing of manufactured homes or mobile homes which a dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of manufactured homes or mobile homes;

(8)    Refusal to comply with a licensee's responsibility under the terms of the new manufactured home or mobile home warranty issued by its respective manufacturer, unless such refusal is at the direction of the manufacturer;

(9)    Failure to comply with the terms of any bona fide written, executed agreement pursuant to the sale of a manufactured home or mobile home;

(10)    Violation by the dealer of any applicable manufactured home building or safety code;

(11)    Failure to continuously occupy a principal place of business licensed under § 32-7A-2;

(12)    Failure to deliver the manufacturer's statement of origin to the county treasurer or the certificate of title to a person entitled to it within forty-five days after date of delivery;

(13)    Conviction within the previous five years, of a crime that related directly to the business of the dealer or manufacturer involving fraud, misrepresentation or misuse of funds;

(14)    Inability to obtain or renew a surety bond; or

(15)    Misuse of the dealers' metal plates and lending for use on mobile homes or manufactured homes not owned by the manufacturer or dealer.

Source: SL 1986, ch 251, § 8; SL 1999, ch 45, § 6; SL 2002, ch 148, § 6; SL 2005, ch 162, § 27; SL 2016, ch 154, § 9.


32-7A-4.3Cease and desist order for specified violations--Period of effectiveness.

In addition to any other remedy provided by law, the secretary of revenue may issue an order directing a dealer to cease and desist from engaging in any act or practice enumerated in § 32-7A-4.2. A cease and desist order issued pursuant to this section is effective for a period of two years.

Source: SL 2005, ch 162, § 21; SL 2008, ch 156, § 3; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-7A-4.4Hearing on question of whether violations occurred--Procedures.

Within twenty days after service of the order to cease and desist, the dealer may request a hearing in writing on the question of whether acts or practices in violation of this title have occurred. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26.

Source: SL 2005, ch 162, § 22.


32-7A-4.5Finality of cease and desist order.

A cease and desist order pursuant to § 32-7A-4.3 becomes final upon expiration of the time allowed for appeals from the secretary's order if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.

Source: SL 2005, ch 162, § 23.


32-7A-4.6Order to pay fine or suspend or revoke license upon failure to comply with cease and desist order--Deposit of monetary penalties.

If a dealer fails to comply with a cease and desist order issued pursuant to § 32-7A-4.3, the secretary may issue an order which:

(1)    Imposes a monetary penalty on the dealer of five hundred dollars for each violation of the cease and desist order;

(2)    Suspends dealer's license for not more than thirty days; or

(3)    Revokes the dealer's license.

All monetary penalties collected pursuant to this section shall be deposited into the state motor vehicle fund.

Source: SL 2005, ch 162, § 24.


32-7A-4.7Hearing to contest order to pay fine or suspend or revoke license--Procedures.

A dealer may request a hearing to contest an order issued pursuant to § 32-7A-4.6. The request shall be submitted to the secretary in writing within twenty days after service of the order. Any hearing shall be conducted pursuant to, and judicial review shall be available as provided by, chapter 1-26.

Source: SL 2005, ch 162, § 25.


32-7A-4.8Finality of order to pay fine or suspend or revoke license.

An order issued pursuant to § 32-7A-4.6 becomes final upon expiration of the time allowed for appeals from the secretary's order, if no appeal is taken, or, if an appeal is taken, upon final decision of the court if the court affirms the secretary's order or dismisses the appeal.

Source: SL 2005, ch 162, § 26.


32-7A-5Bond required for license.

No license as provided in § 32-7A-3 may be issued to anyone, until the applicant executes a bond issued by a company licensed to do business in this state, as surety in the amount of twenty-five thousand dollars. The bond shall be payable to the Department of Revenue for the use and benefit of any purchaser or holder of lien to pay any loss, damages, and expenses resulting from the failure of any title for any fraudulent misrepresentation or breach of warranty as to freedom from a lien. If any claim is made to the department against such bond, which claim is based upon a final judgment of a court of record of this state, the dealer shall execute an additional bond for the amount necessary to maintain the security at the original level.

Source: SL 1984, ch 223, § 5; SL 2004, ch 17, § 98; SL 2004, ch 207, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-7A-5.1Notice to surety company of denial, suspension, or revocation of license.

The department shall, upon denial, suspension, or revocation of any license, notify the surety company of the licensee, in writing, that the license has been denied, suspended, or revoked and shall state the reason for such denial, suspension, or revocation.

Source: SL 1986, ch 251, § 9.


32-7A-6Separate licenses for places of business in different counties.

If the applicant for a license under this chapter desires to set up a place of business, as defined in § 32-7A-2, in more than one county in this state, the applicant shall secure a separate license for each county. No license for an additional county may be issued until the Department of Revenue has been furnished proof that the applicant has a place of business as defined in § 32-7A-2, in the additional county and has such a license in the initial county. This section does not prohibit a licensed dealer from setting up any auxiliary lot as defined in § 32-7A-1.

Source: SL 1984, ch 223, § 6; SL 1998, ch 183, § 3; SL 2004, ch 17, § 99; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-7A-7Fee for license--Renewal.

The license fee for a dealer or manufacturer of mobile homes or manufactured homes is three hundred dollars and the annual license renewal fee is one hundred fifty dollars. An applicant shall pay the license fees to the department at the time an application for license is made. The license is for a year, unless it is revoked for cause.

Source: SL 1984, ch 223, § 7; SL 1987, ch 215, § 14; SL 2008, ch 155, § 3; SL 2013, ch 141, § 1.


32-7A-8Disposition of fees.

The fees collected under the provisions of this chapter shall be deposited in the state motor vehicle fund.

Source: SL 1984, ch 30, §§ 47, 48; SL 1984, ch 223, § 8; SL 2004, ch 17, § 100; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2013, ch 141, § 2.


32-7A-8.1Increase in dealer bond amount--Implementation.

To implement any increase in the amount of a dealer bond, a dealer, upon renewal of a bond or upon annual renewal of a dealer license, whichever comes first, shall deliver to the department an original bond or a bond rider that is issued by the surety company showing the new bond amount.

Source: SL 2004, ch 207, § 7.


32-7A-9Time for grant or denial of license--Issuance of certificate--Form.

The Department of Revenue shall grant or deny the application for a license under this chapter within thirty days after the filing of the application. If the application is granted, the department shall license the applicant as a mobile home and manufactured home dealer or manufacturer for the remainder of the calendar year. Moreover, the department shall design and issue a certificate of license containing a distinguishing number of identification for the dealer or manufacturer.

Source: SL 1984, ch 223, § 9; SL 2004, ch 17, § 101; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-7A-10Dealers' plates--Issuance--Use--Fees.

The Department of Revenue shall issue to any mobile home and manufactured home dealer or manufacturer licensed as provided in this chapter, metal number plates displaying a general distinguishing number. The dealer or manufacturer shall make application to the department for the plates and pay a fee of ten dollars for each plate. One such plate shall be displayed on the rear of each mobile home or manufactured home while being transported on a public highway.

Source: SL 1984, ch 223, § 10; SL 1996, ch 197, § 2; SL 2004, ch 17, § 102; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-7A-10.1Mailing fees.

In addition to the license fees assessed in § 32-7A-10, the department shall collect from the dealer one dollar per decal or five dollars per license plate if a decal or plate is sent to the dealer through the mail. If the dealer requests that the decal or plate be express mailed, the dealer shall pay the actual costs of postage and handling.

Source: SL 2010, ch 157, § 3.


32-7A-11Transportation of manufactured and mobile homes owned by dealer.

New and used mobile homes and manufactured homes owned by a dealer may be transported upon the streets and highways to the dealer's place of business and to the purchaser of such a home and between a dealer's place of business and a supplemental lot or a temporary supplemental lot.

Source: SL 1984, ch 223, § 11; SL 1986, ch 251, § 12; SL 1999, ch 45, § 7; SL 2000, ch 42, § 29; SL 2005, ch 71, § 14.


32-7A-12Books, records, and files kept by licensees.

Any dealer or manufacturer licensed under the provisions of this chapter, shall keep books, records, or files, in such form as may be prescribed by the Department of Revenue, including the following:

(1)    A record of the purchase, sale, or exchange, of any mobile or manufactured home;

(2)    A description of each mobile or manufactured home purchased, sold, or exchanged, together with the name and address of the owner or other person from whom the mobile or manufactured home was purchased or received and to whom it was sold or delivered. The description shall include the mobile or manufactured home identification number and manufacturer's make and model; and

(3)    A certificate of title from the previous owner of any mobile or manufactured home not purchased from the manufacturer, from the time the mobile or manufactured home is delivered to the dealer until it has been disposed of by the dealer.

The books and records and other papers and documents shall, at all times during business hours of the day, be subject to inspection by the secretary of revenue.

Source: SL 1984, ch 223, § 12; SL 2004, ch 17, § 103; SL 2005, ch 159, § 10; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-7A-12.1Offer to sell, sale, or exchange of mobile or manufactured home without certificate of title allowed under specified circumstances.

A dealer may offer for sale, sell, or exchange a mobile or manufactured home without a certificate of title if the dealer complies with the following applicable provisions:

(1)    The dealer has a record of purchase, sale, or exchange of a mobile or manufactured home to include the satisfaction of any outstanding liens or encumbrances and a secured power of attorney;

(2)    If the mobile or manufactured home is encumbered by a lien noted on the title, the dealer shows that payment has been tendered to the lienholder for the amount of the lien, except a lien that is the result of dealer inventory financing; or

(3)    If the dealer is required by law to obtain title prior to offering the mobile or manufactured home for sale and the dealer has applied for title through the electronic on-line title system and has submitted the documents to the department.

This section does not relieve a dealer from the provisions of § 32-3-7.

Source: SL 2005, ch 159, § 11.


32-7A-12.2Agreement that dealer will satisfy lien by paying lienholder--Trade of mobile or manufactured home or consignment agreement--Theft.

If a person trades in a mobile or manufactured home to a dealer or enters into a consignment agreement with a dealer whereby the dealer will sell the mobile or manufactured home and the mobile or manufactured home has a lien noted on the title, the dealer and person may agree that the dealer shall satisfy the lien amount by paying the lienholder who is noted on the title. Failure to satisfy a lien pursuant to this section constitutes theft pursuant to chapter 22-30A. The degree of theft is determined by the amount of the unsatisfied lien. Multiple violations of this section occurring within any thirty-day period may be aggregated in amount to determine the degree of theft.

Source: SL 2005, ch 159, § 12.


32-7A-12.3Time period to satisfy lien after receipt of funds--Offering mobile or manufactured home for sale prior to tender to lienholder.

If a dealer enters into an agreement pursuant to § 32-7A-12.2, the dealer shall satisfy the lien within ten business days after the receipt of funds. No dealer may offer the mobile or manufactured home for sale until payment has been tendered to the lienholder, except on a consigned mobile or manufactured home, whereby the dealer shall comply with the terms of the consignment agreement.

Source: SL 2005, ch 159, § 13.


32-7A-13Fraud in contracts for sale, trade or purchase prohibited--Violation as misdemeanor.

No person may make fraudulent statements or omissions in contracts for sale, trade, or purchase of a mobile home or manufactured home. A violation of this section is a Class 1 misdemeanor.

Source: SL 1984, ch 223, § 13.


32-7A-14
     32-7A-14.   Repealed by SL 1986, ch 251, § 13.


32-7A-14.1Power of secretary to make rules and require uniformity in administration of statute--Duty of local officials.

The secretary of revenue may adopt rules and issue such instructions as may be necessary to ensure and obtain uniformity in the administration of this chapter.

All local officials charged with the administration of the provisions of such chapter are governed in their official acts by the rules promulgated by the secretary.

Source: SDC 1939, § 44.0213; SL 1982, ch 18, § 9; SDCL § 32-3-55; SL 2004, ch 17, § 104; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


32-7A-15Used mobile or manufactured homes--Activities authorized by dealer or real estate license--Responsibilities of real estate licensee.

Any person licensed as a mobile home and manufactured home dealer under this chapter and any person licensed as a real estate salesperson or broker under chapter 36-21A, may buy, sell, offer to buy, solicit prospective purchasers of, solicit or obtain listings of, obtain listings of, or negotiate the purchase, sale or exchange of any mobile home or manufactured home which has been registered under the provisions of chapter 32-3. Any licensed real estate salesperson or broker has the same responsibilities toward warranties, guarantees and other regulations, as may be required of mobile home and manufactured home dealers by local, state or federal regulatory agencies.

Source: SL 1984, ch 223, § 15; SL 1998, ch 184, § 1.


32-7A-16Sales on consignment--Title requirements.

Any mobile home or manufactured home sold on consignment under the provisions of this chapter, shall have a saleable title from the current owner. The title shall be transferred and recorded at the time of each sale.

Source: SL 1984, ch 223, § 16.


32-7A-17Affidavit of taxes paid and registration of mobile home required for transfer of title--Violation as misdemeanor.

Any transfer or reassignment of a mobile home or manufactured home title shall be accompanied by an affidavit issued by the county treasurer of the county in which the mobile home or manufactured home is registered, stating that the taxes that are due and payable at the time of transfer have been paid in full. No title may be transferred until the taxes under § 10-9-3 or 10-21-4 are paid. No transfer of title may be completed unless the mobile home or manufactured home is registered as provided in § 10-9-3 or 10-4-2.6. The title or manufacturer's statement of origin shall be transferred pursuant to the provisions of §§ 32-3-3.1 and 32-3-27. A violation of this section is a Class 2 misdemeanor.

Source: SL 1984, ch 223, § 10; SL 1986, ch 251, § 14; SL 1993, ch 88, § 2; SL 1997, ch 52, § 4; SL 1999, ch 45, § 5; SL 2000, ch 42, § 28; SL 2015, ch 156, § 18; SL 2018, ch 59, § 5.


32-7A-18Appointment of dealer inspectors--Entry--Complaints.

The department may appoint dealer inspectors to enforce the provisions of this chapter. The inspectors may enter both publicly owned and privately owned property and sign complaints against persons found in violation of this chapter.

Source: SL 1986, ch 251, § 15.


32-7A-19Investigation--Purpose--Inspection--Examination.

The department may investigate any dealer licensed under this chapter for the purpose of ascertaining any violation of this chapter or chapters 32-3 to 32-7A, inclusive. The investigation shall include an inspection of the principal place of business, supplemental lots, and any books, records, or files required by the department. An examination of titles and manufactured homes or mobile homes owned or offered for sale by the dealer shall also be conducted.

Source: SL 1986, ch 251, § 16; SL 2005, ch 160, § 3.


32-7A-20
     32-7A-20 to 32-7A-22.   Repealed by SL 2005, ch 162, §§ 28 to 30.


32-7A-23Application for injunction--Issuance without bond.

In addition to the remedies provided in this chapter, the department may make application to any circuit court of this state to grant a temporary or permanent injunction, restraining any person from acting as a manufactured home or mobile home dealer under the terms of this chapter without being properly licensed hereunder, from violating or continuing to violate any of the provisions of this chapter or chapter 32-3 or 32-5 or for failing or refusing to comply with the requirements of this chapter or chapter 32-3 or 32-5 or any rules adopted thereunder. Such injunction shall be issued without bond. A single act in violation of the provisions of this chapter or of chapter 32-3 or 32-5, is sufficient to authorize the issuance of an injunction.

Source: SL 1986, ch 251, § 18.


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