39-18 Mobile Home Dealer Regulation - North Dakota Statutes

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CHAPTER 39-18MOBILE HOME DEALER REGULATION39-18-01.Mobile home dealer's license - Fees - Dealer's plates - Penalty.Noperson, partnership, corporation, or limited liability company may engage in the business of
buying, selling, or exchanging of mobile homes or travel trailers, or advertise or hold oneself or
itself out to the public as being in the business of buying, selling, or exchanging of mobile homes
or travel trailers without first being licensed to do so as hereinafter provided.Application for a dealer's license and renewal license must be made to the department onsuch forms as the department prescribes and furnishes, and the application must be
accompanied by an annual fee of thirty-five dollars for which must be issued one dealer plate. A
dealer's license expires on December thirty-first of each year, and application for renewal of a
dealer's license must be made on or before the expiration of the current dealer's license.A mobile home dealer's license must be issued only to those who will maintain apermanent office and place of business, and an adequate service department, during the
licensing year, and will abide by all the provisions of law pertaining to mobile home dealers.In addition, the dealer shall maintain that person's business records in one centrallocation.Upon the payment of the fee of ten dollars for each additional plate, the department shallregister and issue dealer's license plates for use on any mobile homes owned by the licensed
dealer, and the mobile homes bearing the dealer's license plates may be lawfully operated upon
the public highways of the state of North Dakota by the dealer, and the dealer's agents and
servants, during the year of the registration.A dealer's license plates expire on Decemberthirty-first of each year.The term "mobile home" as used in this chapter includes and has the same meaning as"housetrailer", and both terms have the meaning prescribed in section 39-01-01.The term"travel trailer" as used in this chapter has the meaning as prescribed in section 39-01-01.Any mobile home dealer licensed under the provisions of this chapter may sell housecars without being licensed under the provisions of chapter 39-22. A mobile home dealer plate
displayed on a house car must be displayed on the rear of the vehicle.Any dealer violating this chapter must be assessed a one hundred dollar fee by thedepartment for a first violation and a two hundred dollar fee by the department for a second
violation within two years of the first violation. The department shall suspend the license of a
mobile home dealer licensed under this chapter if a third or subsequent violation of this chapter
occurs within five years of the first violation.39-18-02. Bond required. Before the issuance of a mobile home dealer's license, asprovided by law, the applicant for such license shall furnish a continuous surety bond executed
by the applicant as principal and executed by a surety company licensed and qualified to do
business within the state of North Dakota, which must be in the amount of ten thousand dollars,
and be conditioned upon the faithful compliance by said applicant as a dealer, if such license be
issued to the dealer, that such dealer will comply with all the laws of the state of North Dakota
pertaining to such business, and regulating or being applicable to the business of said dealer as
a dealer in mobile homes, and indemnifying any person dealing or transacting business with
such dealer in connection with any mobile home from any loss or damage occasioned by the
failure of such dealer to comply with the provisions of the laws of the state of North Dakota,
including the furnishing of a proper and valid certificate of title to the vendee of a mobile home
within fifteen days of the sale of such mobile home, and to the vendee of a travel trailer as
defined by section 57-55-01 within fifteen days of the sale of such travel trailer, and that such
bond must be filed with the director prior to the issuance of the license herein provided for.
Provided, however, that the aggregate liability of the surety to all such persons for all such lossesPage No. 1or damages may, in no event, exceed the amount of such bond. Any third party sustaining injury
within the terms of the bond may proceed against the principal and surety without making the
state a party to any such proceedings. The bond may be canceled by the surety, as to future
liability, by giving written notice by certified mail, addressed to the principal at the address stated
in the bond, and to the department. Thirty days after the mailing of the notice, the bond is null
and void as to any liability thereafter arising. The surety remains liable, subject to the terms,
conditions, and provisions of the bond, until the effective date of the cancellation.39-18-02.1. Disposition of fees. Fees from registration of dealers must be depositedwith the state treasurer and credited to the highway tax distribution fund.39-18-03. Titling and licensing of mobile homes, housetrailers, and travel trailers -License fee. The owner of a travel trailer, housetrailer, or mobile home, who sells or transfers
the title to such vehicle shall endorse an assignment and warranty of title upon the certificate of
title for such vehicle, along with a statement as to whether there are liens or encumbrances
thereon. The owner shall deliver the certificate of title to the purchaser within fifteen days after
such sale if title passes to the purchaser. If the legal title does not pass to the purchaser under
the contract for sale of the vehicle, the legal title owner shall endorse thereon a statement that
the owner holds the lien, the date thereof, and the name of the purchaser, and shall send the
certificate of title to the department with an application of the purchaser for a new certificate of
title showing the name of the legal owner, the registered owner, the date of the lien of the legal
owner, which certificate of title when issued must be returned by the department to the legal title
owner; who shall retain the same in the owner's possession until the terms of the contract are
complied with by the purchaser, and thereupon, after showing that the lien has been paid and
satisfied the owner shall deliver the certificate of title properly assigned to the purchaser. The
purchaser or transferee shall present the endorsed and assigned certificate to the department,
within thirty days after the receipt thereof, accompanied by a transfer fee of five dollars, and shall
make an application for and obtain a new certificate of title for such vehicle. A penalty of not
more than ten dollars may be imposed by the director for failure to present the certificate of title
to the department as required by this section.Except when transported by a drive-awaytransporter duly registered and licensed under the laws of this state, no person may haul a
mobile home, housetrailer, or travel trailer unless the same is first registered with and titled by
the department, a certificate of title has been issued, and it displays a number plate issued by
and under such regulations as the director may prescribe. The annual fee for such licensing is
twenty dollars for mobile homes and housetrailers and twenty dollars for travel trailers.The registration required hereunder must be on a calendar-year basis.If such mobile home, housetrailer, or travel trailer enters the state carrying the currentnumber plate of another state, no number plates may be required by the state of North Dakota
for a period of thirty days.The annual license fee provided for in this section does not preclude the taxation ofcertain mobile homes pursuant to chapter 57-55.If such mobile home, housetrailer, or travel trailer remains stationary or parked within thestate of North Dakota for a period of one year, no license may be required for that year, provided
that nothing in this chapter permits the use of a dealer's plate on such mobile home, housetrailer,
or travel trailer after the same has been sold by the dealer to whom such plate was issued.39-18-03.1. Park model trailer fee. Expired under S.L. 1997, ch. 344,