§5409 Prohibited Acts; Exemptions

Summary

It makes it illegal to use transportation, mail, or other interstate or foreign means to make, sell, lease, offer, deliver, or import a manufactured home made on or after an applicable federal construction or safety standard if the home does not meet that standard. It also makes it illegal to refuse inspections, records copying, reports, or access required under section 5413; to fail to notify defects as required by section 5414; to fail to give required certifications under section 5415 or 5403(h) or to give a certification that you know is false; to ignore a final order from the Secretary; or, after the time in section 5404(c)(2)(B) ends, to fail to follow the State installation program rules in section 5404 for States without a program. The ban on sales/imports does not apply after the home’s first good‑faith purchase when it is not bought for resale. It also does not apply to someone who, exercising due care, had no reason to know the home was nonconforming, or who had a manufacturer’s or importer’s certificate before purchase (see section 5410). Homes offered for import in violation may be refused entry, though the Treasury Secretary and the Secretary can set rules to allow entry under conditions (including bonds) or allow importation after the first good‑faith purchase. Homes labeled only for export are exempt. Meeting the federal standards does not remove any common‑law liability.