PRINTER'S NO. 3615
No. 2742 Session of 1992
INTRODUCED BY HARPER AND CIVERA, MAY 18, 1992
REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 18, 1992
AN ACT
1 Amending the act of December 22, 1983 (P.L.306, No.84), entitled
2 "An act providing for the State Board of Vehicle
3 Manufacturers, Dealers and Salespersons; and providing
4 penalties," providing for warranty and presale information.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. The definition of "vehicle" in section 2 of the
8 act of December 22, 1983 (P.L.306, No.84), known as the Board of
9 Vehicles Act, is amended to read:
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 * * *
15 "Vehicle." Every device which is or may be moved or drawn
16 upon a highway, except devices designed primarily for use in
17 construction or agriculture or road maintenance, devices moved
18 by human or animal power, those used exclusively upon rails or
1 tracks or motorized pedalcycles. The term includes manufactured
2 homes.
3 * * *
4 Section 2. The act is amended by adding a section to read:
5 Section 8.1. Warranty and presale information.
6 (a) Manufacturer's warranty.--At least 48 hours before an
7 agreement of sale is executed for the purchase of a new
8 manufactured home, the dealer shall show the prospective
9 purchaser the manufacturer's warranty for the home to be
10 purchased and explain its contents. The purchaser shall sign a
11 form indicating they have reviewed the warranty.
12 (b) Extended warranty.--
13 (1) The purchaser prior to signing a sales contract
14 shall be offered an extended warranty of not less than ten
15 years covering at a minimum major structural defects which
16 shall include actual physical damage to the following
17 specified load-bearing segments of the home, caused by a
18 failure of such segments which affects their load-bearing
19 functions to the degree that the home becomes unsafe or
20 unlivable:
21 (i) Roof framing members and systems (rafters and
22 trusses).
23 (ii) Floor systems (joists).
24 (iii) Bearing walls and partitions.
25 (iv) Columns.
26 (v) Lintels.
27 (vi) Girders.
28 (vii) Load-bearing beams.
29 (viii) Foundation systems.
30 (2) If the purchaser declines the extended warranty, he
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1 shall sign a statement to that effect which shall be retained
2 by the dealer.
3 (c) Estimate of expenses.--At least 48 hours before an
4 agreement of sale is executed for the purchase of a new
5 manufactured home, the dealer shall provide the prospective
6 purchaser with a written estimate of the reasonably foreseeable
7 expenses associated with the sale that the prospective purchaser
8 may be expected to pay including:
9 (1) Actual retail sale price of home.
10 (2) All finance charges, including principal amount to
11 be borrowed, rate of interest, length of loan and total
12 principal and interest to be paid back during entire term of
13 loan, when the dealer is assisting in arranging financing of
14 the home for the prospective purchaser.
15 (3) Annual cost of insurance premiums for any insurance
16 policies prospective purchasers are told they should carry on
17 the home when the dealer is assisting in arranging insurance
18 coverage on the home for the prospective purchaser.
19 (4) Annual cost of extended warranty coverage should
20 prospective purchaser choose to purchase same.
21 (d) Approval by community.--When a prospective purchaser is
22 going to place the home in a manufactured housing community, the
23 prospective purchaser shall have first been approved as a
24 resident of the community where the home is to be located and in
25 addition shall have in his possession a lease for that community
26 signed by the owners of the community and a copy of the
27 community's current rules and regulations, fees and charges, as
28 well as any proposed changes to same, prior to an agreement of
29 sale being executed for the new home.
30 (e) Certificate of installation.--A dealer shall insure that
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1 the new manufactured home is set up on site according to the
2 manufacturer's setup specifications for that type of model home.
3 The dealer shall provide the manufactured homeowner with a
4 notarized certificate of installation prior to occupancy which
5 shall state the home was set up by the installer according to
6 the manufacturer's specifications for that home and if any
7 damage occurs to the home in the future as a result of improper
8 installation and setup, the dealer shall be financially liable
9 and responsible for all repairs or replacement costs resulting
10 from the damage.
11 (f) Contract null and void.--Any violation of the provisions
12 of this section by a dealer shall render null and void any
13 contract for the purchase of a new manufactured home previously
14 entered into by the affected party.
15 Section 2. This act shall take effect in 60 days.
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