TITLE 14 HOUSING
AND CONSTRUCTION
CHAPTER 12 MANUFACTURED
HOUSING
PART 6 WARRANTY
14.12.6.1 ISSUING
AGENCY: The Manufactured Housing Division of the
Regulation and Licensing Department.
[14.12.6.1 NMAC
- Rp, 14.12.2.1 NMAC, 12-01-10]
14.12.6.2 SCOPE: These
rules and regulations apply to all manufacturers, dealers, brokers, salesman,
installers, repairman, contractors, and purchasers of manufactured homes in the
state of New Mexico.
[14.12.6.2 NMAC
- Rp, 14.12.2.2 NMAC, 12-01-10]
14.12.6.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Manufactured Housing Act, Sections 60-14-1 through 60-14-20 NMSA
1978.
[14.12.6.3 NMAC
- Rp, 14.12.2.3 NMAC, 12-01-10]
14.12.6.4 DURATION:
Permanent.
[14.12.6.4 NMAC
- Rp, 14.12.2.4 NMAC, 12-01-10]
14.12.6.5 EFFECTIVE
DATE: 12-01-10 unless a later date is cited at the
end of a section.
[14.12.6.5 NMAC
- Rp, 14.12.2.5 NMAC, 12-01-10]
14.12.6.6 OBJECTIVE: The
objective of 14.12.6 NMAC is to adopt a requirement that dealers, repairmen and
installers provide to customers’ warranties on their product and work and to
specify the minimum requirements for such warranties.
[14.12.6.6 NMAC
- Rp, 14.12.2.6 NMAC, 12-01-10]
14.12.6.7 DEFINITIONS:
[RESERVED]
[Refer to 14.12.1.7 NMAC]
14.12.6.8 WARRANTIES: The
following warranties shall be issued by each licensee as prescribed: If a licensee fails to correct a violation
within the prescribed warranty period and the consumer has written
documentation to the licensee before the expiration of the warranty, the consumer
may file a written complaint with the division within a two year period from
the start of the original warranty.
[14.12.6.8 NMAC - Rp,
14.12.2.33 NMAC, 12-01-10]
14.12.6.9 MANUFACTURER'S
WARRANTY:
A. The
manufacturer's warranty shall be set forth in a separate written document,
which shall be delivered to the consumer and shall contain, but is not limited
to, the following terms:
(1) that the manufactured
home complies with the act and these regulations;
(2) that the warranty
shall be in effect for a period of at least one (1) year from the date of
delivery to the consumer and is not restricted to the original consumer and
shall carry forward to subsequent owners during the one (1) year period;
(3) that the manufactured
home is free from defects in materials and workmanship;
(4) that the manufacturer
warrants all appliances and equipment installed in the manufactured home by the
manufacturer to be free from defects in material and workmanship, unless the
manufacturer furnishes a valid warranty from the manufacturer or dealer of the
appliances and equipment warranting against any defects in materials and
workmanship to the consumer for a period of at least one (1) year from date of
delivery;
(5) that the manufacturer
shall take appropriate corrective action, within a reasonable period of time,
after the warranty violation has been communicated to the manufacturer by the division
or by the consumer;
(6) that the warranty
shall contain the license number, address and telephone number of the
manufacturer where notices of defects or warranty violations may be given and
shall also contain the H.U.D. label number, serial number and year model of the
manufactured home involved;
(7) the warranty shall
not be voided as long as the installation of the manufactured home conforms to
these regulations.
B. Each
manufacturer shall warrant repair work performed under the one-year
warranty. Such repair work shall be
warranted for a period of at least 90 days or until the end of the original
one-year warranty, whichever is later.
The warranty need not be in writing.
C. All work
performed under a Manufacturer II license must be warranted against defects in
materials and workmanship for a period of at least six (6) months.
[14.12.6.9 NMAC - Rp,
14.12.2.34 NMAC, 12-01-10]
14.12.6.10 DEALER'S
WARRANTY: (New homes only).
A. The dealer's
warranty shall be set forth in a separate written document which shall be
delivered to the consumer on or before the date of delivery of the manufactured
home to the consumer and shall contain, but is not limited to, the following
term:
(1) that all changes,
additions, or alterations made to the manufactured home by the dealer are free
from defects in materials and workmanship; and that all appliances and
equipment installed by the dealer are free from defects in materials and
workmanship unless the dealer furnishes a valid written warranty from the
manufacturer or dealer of the appliances and equipment to the consumer
warranting against any defect in materials or workmanship to the consumer for a
period of time customary in the industry for a warranty for the particular
appliance or equipment;
(2) that all warranties
shall be in effect for a period of at least one (1) year from the date of
delivery to the consumer and is not restricted to the original consumer and
shall carry forward to subsequent owners during the one (1) year period;
(3) that the dealer shall
take appropriate corrective action within a reasonable period of time after the
warranty violation has been communicated to the dealer by the division or by
the consumer;
(4) that the warranty
shall contain the license number, address and telephone number of the dealer
where notice of defects or warranty violations may be given and shall also
contain the H.U.D. label number, serial number and year model of the
manufactured home involved.
B. Each dealer
shall warrant repair work on changes, additions or alterations made or
authorized by the dealer performed under the one-year warranty. Such repair work shall be warranted for a period
of at least 90 days or until the end of the original one - year warranty,
whichever is later. This warranty need
not be in writing.
[14.12.6.10 NMAC - Rp,
14.12.2.35 NMAC, 12-01-10]
14.12.6.11 INSTALLER'S
AND REPAIRMAN'S WARRANTY:
A. Installers and
repairmen of manufactured homes must each provide the consumer at the time of
installation or repair with a written warranty which shall contain, but is not
limited to, the following terms:
(1) that all services
performed by the installer or repairman have been performed in compliance with the
act and these regulations;
(2) that all labor and
materials furnished by the installer for blocking and leveling the manufactured
home are free from defects in materials and workmanship for ninety (90) days
from the date of installations; re-leveling required as a result of ground
settling or site conditions does not fall within the scope of this warranty.
(3) that any installation
or repair, appliance or accessory sold by the installer or the repairman to the
consumer other than blocking and leveling are free from defects in materials
and workmanship unless the installer or repairman shall provide the consumer
with a valid written warranty from the maker or dealer of the materials,
appliances or accessory warranting against any defect in the materials or
workmanship for a period of time customary in the industry for a warranty for
the particular appliance, equipment or material;
(4) that the installer or repairman shall take
the appropriate corrective action within a reasonable period of time after a
warranty violation has been communicated to the installer or repairman by the division
or the consumer;
(5) that the warranty
shall contain the license number, address and telephone number of the installer
or repairman where notice of defects and warranty violations may be given and
shall also contain the H.U.D. label number, if applicable, and serial number of
the manufactured home involved.
B. Each installer
and repairman shall warrant against defects in materials or workmanship and all
repair work performed by him under the warranty required in this section. Such repair work shall be warranted for a period
of at least 90 days or until the end of the original warranty, whichever is
later. This warranty need not be in
writing.
[14.12.6.11 NMAC - Rp,
14.12.2.36 NMAC, 12-01-10]
HISTORY of 14.12.6 NMAC:
Pre-NMAC History:
Material in the part was derived from that previously filed with the commission of public records - state records center and archives:
CIC 70-5, 1969 Standards for Mobile Homes, filed 09-02-70
CIC MB 70-9, Standard for Mobile Homes for New Mexico, filed 10-23-70
CIC 71-5, 1971 Mechanical Mobile Home Code for New Mexico, filed 09-16-71
CIC 72-3, 1972 Standards for Mobile Homes, filed 08-18-72
CIC 73-1, 1973 Standards for Mobile Homes, filed 10-30-73
CIC MHB 75-4, 1975 Standard for Mobile Home Regulations pertaining to Manufacturers, Dealers, and Installers, filed 10-08-75
CIC MHB 77-7, Regulations pertaining to Manufacturers, Dealers, Brokers, Salesmen, Installers, and Repairmen, filed 04-02-77
MHD 77-1, Regulations pertaining to Manufacturers, Dealers, Brokers, Salesmen, Installers and Repairmen, filed 04-26-77
MHD 81-1, Mobile Housing Division Regulations, filed 05-27-81
MHD 83-1, Manufactured Housing Division Regulations, filed 08-18-83
MHD 85-1, Manufactured Housing Division Regulations, filed 02-01-85
MHD 88-1, Manufactured Housing Division Regulations, filed 08-09-88
MHD 90-1, Manufactured Housing Division Regulations, filed 12-08-89
History of Repealed Material:
14 NMAC 12.2, Manufactured Housing Requirements (filed 9-16-97) repealed 12-01-1998.
14 NMAC 12.2, Manufactured Housing Requirements (filed 10-14-98) repealed 6-01-1999.
14 NMAC 12.2, Manufactured Housing Requirements (filed 4-14-99) repealed 9-14-2000.
14.12.2 NMAC, Manufactured Housing Requirements (filed 8-01-00) repealed 12-01-2010.
Other History:
MHD 90-1, Manufactured Housing Division Regulations (filed 12-08-89) was renumbered, reformatted, amended and replaced by 14 NMAC 12.2, Manufactured Housing Requirements, effective 12-01-1998.
14 NMAC 12.2, Manufactured Housing Requirements (filed 10-14-98) was replaced by 14 NMAC 12.2, Manufactured Housing Requirements, effective 6-01-1999.
14 NMAC 12.2, Manufactured Housing Requirements (filed 4-14-99) was replaced by 14.12.2 NMAC, Manufactured Housing Requirements, effective 9-14-2000.
Those applicable portions of 14.12.2 NMAC, Manufactured Housing Requirements (filed 8-01-00) were replaced by 14.12.6 NMAC, Warranty, effective 12-01-2010.