§ 143-143.9. Definitions. - North Carolina Statutes

§ 143‑143.9. Definitions.

The following definitionsapply in this Part:

(1)        Bank. – A federallyinsured financial institution including institutions defined under G.S. 53‑1(1),savings and loan associations, credit unions, savings banks and other financialinstitutions chartered under this or any other state law or chartered underfederal law.

(1a)      Board. – The NorthCarolina Manufactured Housing Board.

(2)        Buyer. – A personfor whom a dealer performs, or is engaged to perform, any services or providesany products including the purchase and setup of a manufactured home for use asa residence or other related use.

(3)        Code. – Engineeringstandards adopted by the Commissioner.

(4)        Commissioner. – TheCommissioner of Insurance of the State of North Carolina.

(5)        Department. – TheDepartment of Insurance of the State of North Carolina.

(5a)      Deposit. – Any andall funds received by a dealer from a buyer or someone on behalf of a buyer forthe performance of services or the provision of goods.

(5b)      Escrow or trustaccount. – An account with a bank that is designated as an escrow account or asa trust account and that is maintained by a dealer for the deposit of buyers'funds.

(5c)      Escrow or trustaccount funds. – Funds belonging to a person other than the dealer that arereceived by or placed under the control of the dealer in connection with theperformance of services or the provision of products by a dealer for a buyer.

(5d)      Funds. – Any form ofmoney, including cash, payment instruments such as checks, money orders, orsales drafts, and receipts from electronic fund transfers. The term does notinclude letters of credit or promissory notes.

(5e)      License. – A licenseissued under this Part.

(5f)       Licensee. – A personwho has been issued a license under this Part by the North CarolinaManufactured Housing Board.

(6)        Manufactured home. –A structure, transportable in one or more sections, which, in the travelingmode, is eight feet or more in width or is 40 feet or more in length, or whenerected on site, is 320 or more square feet, and which is built on a permanentchassis and designed to be used as a dwelling with or without a permanentfoundation when connected to the required utilities, and includes the plumbing,heating, air conditioning and electrical systems contained therein.

(7)        Manufactured homedealer or dealer. – Any person engaged in the business of buying or sellingmanufactured homes or offering or displaying manufactured homes for sale inNorth Carolina. Any person who buys or sells three or more manufactured homesin any 12‑month period, or who offers or displays for sale three or moremanufactured homes in any 12‑month period shall be presumed to be amanufactured home dealer. The terms "selling" and "sale"include lease‑purchase transactions. The term "manufactured homedealer" does not include banks and finance companies that acquiremanufactured homes as an incident to their regular business.

(8)        Manufactured homemanufacturer or manufacturer. – Any person, resident or nonresident, whomanufactures or assembles manufactured homes for sale to dealers in NorthCarolina.

(9)        Manufactured homesalesperson or salesperson. – Any person employed by a manufactured home dealerto sell manufactured homes to buyers. Manufactured home salesperson orsalesperson also includes sales managers, lot managers, general managers, orothers who manage or supervise salespersons.

(10)      Person. – Anyindividual, natural persons, firm, partnership, association, corporation, legalrepresentative or other recognized legal entity.

(11)      Responsible party. –A manufacturer, dealer, supplier, or set‑up contractor.

(12)      Setup. – Theoperations performed at the occupancy site which render a manufactured home fitfor habitation.

(13)      Set‑upcontractor. – A person who engages in the business of performing setups forcompensation in North Carolina.

(14)      Substantial defect. –Any substantial deficiency in or damage to materials or workmanship occurringin a manufactured home which has been reasonably maintained and cared for innormal use. The term also means any structural element, utility system orcomponent part of the manufactured home which fails to comply with the Code.

(15)      Supplier. – Theoriginal producer of completed components, including refrigerators, stoves, hotwater heaters, dishwashers, cabinets, air conditioners, heating units, andsimilar components, and materials such as floor coverings, paneling, siding,trusses, and similar materials, which are furnished to a manufacturer or dealerfor installation in the manufactured home prior to sale to a buyer. (1981, c. 952, s. 2; 1987, c.429, ss. 4, 5, 19; 1999‑393, s. 1; 2001‑421, s. 2.1.; 2005‑451,ss. 1, 2.)