§ 143-151.5. Prohibited acts. - North Carolina Statutes

§ 143‑151.5.  Prohibited acts.

(a)        No person shall:

(1)        Manufacture for sale, lease, sell, offer for sale or lease,or introduce or deliver, or import into the United States, any manufacturedhome that is manufactured on or after the effective date of any applicablemanufactured home construction and safety standard under the Act or thisArticle and that does not comply with the standard, except as provided insubsections (b), (c), and (d) of this section.

(2)        Fail or refuse to permit access to or copying of records, orfail to make reports or provide information, or fail or refuse to permit entryor inspection, as required under the Act or this Article.

(3)        Fail to furnish notification of any defect as required bythe Act or this Article.

(4)        Fail to issue a label or issue a label if the person in theexercise of due care has reason to know that the label is false or misleadingin a material respect.

(5)        Fail to comply with a rule adopted or an order issued by theCommissioner under this Article.

(6)        Issue a certification pursuant to G.S. 143‑148 if theperson in the exercise of due care has reason to know that the certification isfalse or misleading in a material respect.

(b)        (1)        Subdivision (a)(1) of thissection does not apply to the sale, the offer for sale, or the introduction ordelivery of any manufactured home after the first purchase of it in good faithfor purposes other than resale.

(2)        Subdivision (a)(1) of this section does not apply to anyperson who establishes that he did not have reason to know in the exercise ofdue care that the manufactured home was not in conformity with applicablemanufactured home construction and safety standards.

(c)        Subdivision (a)(1) of this section shall not apply to anyperson who, before the first purchase, holds a certificate of compliance issuedby the manufacturer or importer of the manufactured home to the effect that themanufactured home conforms to all applicable manufactured home construction andsafety standards, unless the person knows that the manufactured home does notso conform. (1979, c. 558, s.4; 1985, c. 487, s. 7; 1987, c. 429, ss. 16, 19; 1999‑393, s. 2.)