§ 2602. Sale or transfer; price disclosure; mobile home uniform bill of sale

(a) When a mobile home is sold or offered for sale:

(1) If a mobile home is appraised, the appraisal shall include a cover sheet which itemizes the value of the unsited mobile home, the value of any adjacent or attached structures located on the site and the value of the sited location, if applicable, and valuations of sales of comparable properties.

(2) In the case of a new mobile home, the seller shall provide to a prospective buyer a written disclosure which states the retail price of the unsited mobile home, any applicable taxes, the set-up and transportation costs, and the value of the sited location, if applicable.

(3) [Repealed.]

(4) A legible copy of the disclosure required in subdivision (2) of this subsection shall be prominently displayed on a new mobile home in a location that is clearly visible to a prospective buyer from the exterior.

(b) Sale or transfer of all mobile homes.

(1) Prior to the sale or transfer of ownership of a mobile home, the seller or transferor shall provide a copy of a completed, unexecuted, mobile home bill of sale:

(A) to the town clerk in which the mobile home is located for his or her endorsement; and

(B) in the case of a mobile home being sold or transferred separately from the real property on which it is located, to the record owner of the real property on which the mobile home is located by certified mail, return receipt requested, at least 21 days prior to the transfer or sale.

(2) A clerk shall not endorse a mobile home uniform bill of sale unless:

(A) all property taxes due and payable on the mobile home, but not the real property on which the mobile home is located if separately owned, have been paid in full as of the most recent assessment, or if the town collects taxes in installments pursuant to 32 V.S.A. § 4872, as of the most recent installment; or

(B) in the case of removal of a mobile home from the municipality, or of a sale, trade, or transfer that will result in the removal of the mobile home from the municipality, all property taxes assessed with regard to the mobile home, but not the mobile home site, have been paid.

(3) The seller or transferor shall execute and provide the endorsed bill of sale to the buyer or transferee at the time of sale or transfer.

(4) The buyer or transferee shall execute and then file the executed bill of sale with the clerk of the town in which the mobile home will be located within 10 days of executing the bill of sale. A clerk shall not accept a mobile home uniform bill of sale for filing that is not completed, executed, and endorsed as required by this subsection. Upon filing, the clerk shall note the transfer on the mobile home uniform bill of sale whereby the seller acquired ownership of the mobile home, if available.

(5) If the mobile home will be relocated to real property that is not owned by the buyer or transferee, the buyer or transferee shall provide a copy of the mobile home uniform bill of sale to the record owner of the real property on which the mobile home will be located at least 21 days prior to the sale or transfer of the mobile home.

(6) Within 14 days of the filing of the bill of sale, the town clerk shall mail a copy of the bill of sale to each buyer, seller, and owner of real property for whom a mailing address is provided in the bill of sale pursuant to subdivision (c)(1) of this section.

(7) The requirements of this subsection shall apply to a mobile home that is physically relocated by its owner to another town.

(8) This subsection shall not apply to:

(A) the valid transfer of a mobile home by deed when financed as residential real estate pursuant to this chapter;

(B) the valid transfer of a mobile home by a mobile home uniform bill of sale issued by the court pursuant to the abandonment process set forth in 10 V.S.A. § 6249;

(C) the physical relocation of a mobile home that is held as inventory by a manufacturer, distributor, or dealer, is stored or displayed on a sales lot, and is not connected to utilities.

(c) Mobile home uniform bill of sale.

(1) A mobile home uniform bill of sale shall contain the following information regarding each mobile home being transferred:

(A) the name and address of each seller or transferor;

(B) the name and address of each buyer or transferee, and if more than one buyer or transferee, the estate under which the buyers or transferees will hold title to the mobile home;

(C) the make, model, serial number, size, and year manufactured;

(D) the current address or location of the mobile home;

(E) whether the mobile home will be moved following the sale or transfer, and if so, the future address of the mobile home;

(F) the name and address of the owner of the real property on which the mobile home is located;

(G) the name and address of the owner of the real property on which the mobile home will be located following the sale or transfer;

(H) the sale constitutes a "retail installment transaction" as defined in subdivision 2351(4) of this title and is subject to chapter 59 of this title (motor vehicle and mobile home retail installment sales financing);

(I) an itemized list of the mobile home's deficiencies known to the seller at the time of the sale, if the mobile home is sold "as is"; and

(J) an itemized list of known liens on the mobile home.

(2) A mobile home uniform bill of sale shall be substantially in the following form:

VERMONT MOBILE HOME UNIFORM BILL OF SALE

NOTICE

Vermont statute requires that this Mobile Home Uniform Bill of Sale be signed by each Buyer and Seller, endorsed by the Town Clerk of the Town where the Mobile Home is located at the time of sale, and filed by Buyer with the Town Clerk of the Town where the Mobile Home will be located after the sale. A financing statement evidencing a security interest in the Mobile Home must be filed with the Secretary of State.

Seller or Transferor ("Seller"):

Name: ……………………………………………………………………...

Street: ……………………………………………………………………...

Town/State/ZIP: ……….…………………………………………………..

County: ………………………..

Mailing Address (if different):

Street: ……………………………………………………………………...

Town/State/ZIP: …………………….……………………………………..

Buyer or Transferee ("Buyer"):

Name: …..…………………………………………………………………...

Street: …..…………………………………………………………………...

Town/State../ZIP: ……………………………….…………………………..

County: ….…………………………………..

Mailing Address (if different):

Street: ……………..………………………………………………………...

Town/State/ZIP: ..………………………………….………………………..

If more than one Buyer, Buyers take title as:

[ ] Joint tenants (co-owners with right of survivorship).

[ ] Tenants by the entirety (joint tenancy of persons who are married).

[ ] Tenants in common (individual interests without right of survivorship).

[ ] …………………………………………………………………..........

Mobile Home Being Sold or Transferred ("Mobile Home")

Specifications:

Make: ………………………………………………………………………...

Model:  ………..……………………………………………………………..

Year: ………………………………………………………………………....

Serial Number: …...………………………………………………………….

Size: ……………………………………………………………………….....

Color: ………………………………………………………………………...

Current Location:

Street: ………………..………………….…………………………………...

Town/State/ZIP: ……………………………………………………………..

County:

Owner of Real Property on which Mobile Home is Located:

Name: ……...………………………………………………………………...

Street: ………………...……………………………………………………...

Town/State/ZIP: ……………………………………………………………..

Mailing Address (if different):

Street: ………...……………………………………………………………...

Town/State/ZIP: ……………………………………………………………..

Location of Mobile Home Following Sale

[ ] Mobile Home will remain at current location.

[ ] Mobile Home will be relocated to the following address:

Street: ……………………………….……………………………………...

Town/State/ZIP: ………………………….………………………………..

County: ….

Owner of Real Property on which Mobile Home will be Located:

Name: ……………………………………………………………………...

Street: ……………………………………………………………………...

Town/State/ZIP: …………………………………………………………..

Mailing Address (if different):

Street: ……………………………………………………………………...

Town/State/ZIP: …………………………………………………………..

Retail Installment Transaction

This sale constitutes a "retail installment transaction" as defined in 9 V.S.A. § 2351(4) and is subject to 9 V.S.A. chapter 59 (motor vehicle and mobile home retail installment sales financing).

KNOWN DEFICIENCIES IN "AS IS" SALES

In the case of an "as is" sale, the Seller is aware of the following deficiencies and defects of the Mobile Home:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

KNOWN LIENS

The Seller is aware of the following liens on the Mobile Home:

_______________________________________________________________

_______________________________________________________________

_______________________________________________________________

For good and valuable consideration, the receipt and sufficiency of which is acknowledged, Seller hereby transfers to the Buyer the Mobile Home identified in this Bill of Sale, and Seller covenants with Buyer that Seller is the lawful owner of the Mobile Home, that it is free from all encumbrances, that Seller has good right to sell the Mobile Home, and that Seller will warrant and defend the same against the lawful claims and demands of all persons.

Seller Signature …………………………    Date

Witness Signature …….…………………   Date

Buyer Signature…………………………    Date

Witness Signature …….………………       Date

TOWN CLERK ENDORSEMENT

TO BE COMPLETED BY TOWN CLERK WHERE MOBILE HOME IS CURRENTLY LOCATED PRIOR TO EXECUTION BY THE BUYER AND SELLER.

I hereby acknowledge that:

[ ] all property taxes due and payable on the mobile home, but not the real property on which the mobile home is located if separately owned, have been paid in full as of the most recent assessment, or if the town collects taxes in installments pursuant to 32 V.S.A. § 4872, as of the most recent installment; or

[ ] in the case of removal of a mobile home from the municipality, or of a sale, trade, or transfer that will result in the removal of the mobile home from the municipality, all property taxes assessed with regard to the mobile home, but not the mobile home site, have been paid.

Town Clerk Signature: …….…………………   Date

(d) Relocation of mobile home.

Unless excluded under subdivision (b)(8) of this section, a mobile home shall not be moved over the highways of this State unless the operator of the vehicle hauling the mobile home has in his or her possession a copy of the mobile home uniform bill of sale endorsed pursuant to subsection (b) of this section. In addition to any penalty or remedy imposed under section 2607 of this title, a violation of this subsection shall be subject to the collection and enforcement provisions set forth in 32 V.S.A. § 5079.

(e) Mobile home rent to own agreements.

(1) Definition of rent to own agreements for mobile homes. For purposes of this subsection, "an agreement to purchase a mobile home on a rent-to-own, lease-purchase, or similar basis" means any agreement, other than an agreement to purchase a mobile home, that will be financed as residential real estate, under which:

(A) a buyer or lessee, however named, agrees to pay consideration in one or more installments to the owner of a mobile home, or to a third party designated by the owner of the mobile home to receive payment on behalf of the owner, for the right to use or occupy the mobile home; and

(B) upon full compliance with the terms of the agreement, the buyer or lessee, however named, is bound to become, or for no further or a merely nominal additional consideration, has the option of becoming, the owner of the mobile home.

(2) Requirements to consummate sale under rent to own agreements. An agreement to purchase a mobile home on a rent-to-own, lease-purchase, or similar basis shall not transfer ownership of the mobile home, or the rights, duties, and liabilities arising from ownership of the mobile home, unless and until:

(A) the buyer and seller execute a written retail installment contract complying with the requirements set forth in chapter 59 of this title; and

(B) a mobile home uniform bill of sale transferring the mobile home from the seller to the buyer is completed, endorsed, executed, and filed pursuant to subsection (b) of this section.

(3) Compliance; sale. Notwithstanding any provision of 9A V.S.A. Article 2 (uniform commercial code; sale of goods) to the contrary, an agreement to purchase a mobile home on a rent-to-own, lease-purchase, or similar basis that meets the requirements of subdivision (2) of this subsection shall constitute a "retail installment transaction" as defined in subdivision 2351(4) of this title, is subject to chapter 59 of this title, and shall not be subject to chapter 137 of this title relating to residential rental agreements.

(4) Failure to comply; lease. Notwithstanding any provision of 9A V.S.A. Article 2A (uniform commercial code; leases) to the contrary, an agreement to purchase a mobile home on a rent-to-own, lease-purchase, or similar basis that does not meet the requirements of subdivision (2) of this subsection shall constitute a residential rental agreement as defined in subdivision 4451(8) of this title, and shall be governed by chapter 137 of this title relating to residential rental agreements.

(f) Sale of mobile homes in non-rent to own transactions. Except for a mobile home that is financed or conveyed as real property:

(1) The sale of a mobile home under subsection (b) of this section, is a sale of goods under 9A V.S.A. Article 2 (uniform commercial code; sale of goods), except to the extent of a direct conflict with this section.

(2) The sale of a mobile home under this section is subject to the provisions governing express and implied warranties on the sale of goods set forth in 9A V.S.A. Article 2, Part 3, with the following modifications:

(A) the warranty of title in a contract of sale under 9A V.S.A. § 2-312 may be excluded or modified only by a written agreement that is executed by the buyer and seller prior to sale and clearly states any deficiency or limitation on the seller's title, as well as any security interest, lien, or encumbrance on the mobile home that excludes or modifies the warranty of title;

(B) in the case of a new mobile home, the implied warranty of merchantability under 9A V.S.A. § 2-314 and the implied warranty of fitness for a particular purpose under 9A V.S.A. § 2-315 may not be waived if the seller has notice that the mobile home will be used by the buyer as his or her primary residence; and

(C) in the case of a used mobile home, the implied warranty of merchantability under 9A V.S.A. § 2-314 and the implied warranty of fitness for a particular purpose under 9A V.S.A. § 2-315 may be waived only if the seller notifies the buyer in writing that the mobile home is being offered for sale "as is."  (Added 1971, No. 103; amended 1983, No. 237 (Adj. Sess.), § 2; 1989, No. 229 (Adj. Sess.), §§ 2, 2a; 1997, No. 103 (Adj. Sess.), § 7, eff. April 23, 1998; 1999, No. 159 (Adj. Sess.), § 23, eff. May 29, 2000; 2009, No. 140 (Adj. Sess.), § 1, eff. Sept. 1, 2010.)