71-4616. Manufacturer; notification of failure to conform; method; contents.

(1) Every manufacturer shall furnish notification of any failure to conform in any manufactured home or recreational vehicle produced by such manufacturer which the manufacturer determines, in good faith, violates a standard adopted by the commission or which constitutes an imminent safety hazard or serious defect in a single manufactured home or recreational vehicle or noncompliance determined to be in a class of manufactured homes or recreational vehicles to the purchaser of such manufactured home or recreational vehicle, within a reasonable time after such manufacturer has discovered the failure to conform.

(2) The notification required by this section shall be accomplished:

(a) By certified mail to the first purchaser, not including any dealer or distributor of such manufacturer, of the manufactured home or recreational vehicle containing the failure to conform and to any subsequent purchaser to whom any warranty on such manufactured home or recreational vehicle has been transferred;

(b) By certified mail to any other person who is a registered owner of such manufactured home or recreational vehicle and whose name and address has been ascertained pursuant to procedures established under section 71-4619; and

(c) By certified mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such manufactured home or recreational vehicle was delivered.

(3) The notification required by subsection (1) of this section shall contain a clear description of such failure to conform, an evaluation of the risk to occupant safety reasonably related to such failure to conform, and a statement of the measures needed to repair the failure to conform. The notification shall also inform the owner whether the failure to conform is a construction or safety failure to conform which the manufacturer will have corrected at no cost to the owner of the manufactured home or recreational vehicle or a failure to conform which must be corrected at the expense of the owner.

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