Title 32, MOTOR VEHICLES

A dealer or manufacturer licensed under the provisions of this chapter shall keep books, records, or files for five years in the form prescribed by the Department of Revenue, and include the following in the dealer's books, records, or files: (1) A record of the purchase, sale, o…

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 …

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 tha…

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 consi…

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.

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 act…

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 listing…

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.

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 t…

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.

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 …

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 …

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 chapt…

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,…

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 i…

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 promotio…

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 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 obtain…

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 …

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…

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…

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 …

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 prov…

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.…

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 …

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 2…

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 Dep…

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. T…

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.

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…

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 manufa…