§ 20-25-113 - Purchase agreement and consumer disclosure. - Arkansas Statutes

20-25-113. Purchase agreement and consumer disclosure.

(a) (1) All manufactured home retailers shall be required to provide a written purchase agreement to the purchaser of each new manufactured home sold in the State of Arkansas.

(2) Each written purchase agreement issued by a manufactured home retailer upon the purchase of a new manufactured home shall include, but not be limited to:

(A) The make, model, and gross purchase price of the new manufactured home;

(B) Options or material upgrades which influence the purchase price of the new manufactured home;

(C) Transportation and delivery arrangements, if applicable; and

(D) Installation, set-up, and anchoring arrangements, if applicable.

(3) A knowing violation of subsection (a) of this section shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, 4-88-101 et seq., and shall be subject to all remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, 4-88-101 et seq. This section shall not create a private right of action, but this section shall not preclude any new manufactured home purchaser from availing himself or herself of other legal or administrative remedies provided by other laws.

(b) (1) All manufactured home retailers shall be required to provide a consumer disclosure to the purchaser of each manufactured home sold in the State of Arkansas.

(2) Each consumer disclosure issued by a manufactured home retailer before the completion of purchase of a manufactured home shall include the following information, as applicable:

(A) A statement that the manufactured home will be required to comply with state requirements for installation;

(B) Notice that the manufactured home may also be required to comply with additional state and local requirements not addressed in the state requirements for installation, such as zoning and connection to required utilities;

(C) That additional information regarding the construction and installation standards is available from the retailer, the Arkansas Manufactured Home Commission, or the United States Department of Housing and Urban Development;

(D) That inspection for compliance with applicable federal, state, and local requirements may involve additional costs to the purchaser; and

(E) A recommendation that any manufactured home installed after its original purchase and installation should be inspected upon reinstallation.