Bill Text: IL HB1142 | 2009-2010 | 96th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Manufactured Housing Buyer Protection Act. Provides that, if, after a reasonable number of attempts, the seller of a manufactured housing unit is unable to conform the manufactured housing unit to any of its applicable express warranties, then the manufacturer must either provide the consumer with a new manufactured housing unit of like model line, if available, or otherwise a comparable manufactured housing unit as a replacement, or accept the return of the manufactured housing unit from the consumer and refund to the consumer the full purchase price or lease cost of the new manufactured housing unit, including all collateral charges, less a reasonable allowance for consumer use of the manufactured housing unit, but only when the consumer has first resorted to an informal settlement procedure applicable to such disputes. Provides that persons electing to proceed and settle under the Act are barred from a separate cause of action under the Uniform Commercial Code. Provides guidelines for commencement of such actions. Requires the seller who sells a new manufactured housing unit to a consumer, upon delivery of that manufactured housing unit to the consumer, to provide the consumer with a written statement clearly and conspicuously setting forth in full detail the consumer's rights under specified provisions of the Act. Makes the Act applicable to manufactured housing sold after the effective date of this Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0750 [HB1142 Detail]
Download: Illinois-2009-HB1142-Engrossed.html
Bill Title: Creates the Manufactured Housing Buyer Protection Act. Provides that, if, after a reasonable number of attempts, the seller of a manufactured housing unit is unable to conform the manufactured housing unit to any of its applicable express warranties, then the manufacturer must either provide the consumer with a new manufactured housing unit of like model line, if available, or otherwise a comparable manufactured housing unit as a replacement, or accept the return of the manufactured housing unit from the consumer and refund to the consumer the full purchase price or lease cost of the new manufactured housing unit, including all collateral charges, less a reasonable allowance for consumer use of the manufactured housing unit, but only when the consumer has first resorted to an informal settlement procedure applicable to such disputes. Provides that persons electing to proceed and settle under the Act are barred from a separate cause of action under the Uniform Commercial Code. Provides guidelines for commencement of such actions. Requires the seller who sells a new manufactured housing unit to a consumer, upon delivery of that manufactured housing unit to the consumer, to provide the consumer with a written statement clearly and conspicuously setting forth in full detail the consumer's rights under specified provisions of the Act. Makes the Act applicable to manufactured housing sold after the effective date of this Act.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0750 [HB1142 Detail]
Download: Illinois-2009-HB1142-Engrossed.html
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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Manufactured Housing Buyer Protection Act.
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6 | Section 5. Definitions. As used in this Act:
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7 | "Consumer" means an individual who purchases or leases for | ||||||
8 | a period of
at least one year a new manufactured housing unit | ||||||
9 | from the
seller for primarily personal, household, or family | ||||||
10 | purposes.
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11 | "Express warranty" has the meaning given to that term in | ||||||
12 | the Uniform Commercial Code.
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13 | "Manufactured home" means a manufactured home as defined in | ||||||
14 | 77 Ill. Adm. Code 880.10. The term "manufactured home" shall | ||||||
15 | not include a modular dwelling, which is defined as a building | ||||||
16 | assembly, or system of building sub-assemblies, designed for | ||||||
17 | habitation as a dwelling for one or more persons, including the | ||||||
18 | necessary electrical, plumbing, heating, ventilating, and | ||||||
19 | other service systems that is of closed or open construction | ||||||
20 | and is made or assembled by a manufacturer, on or off the | ||||||
21 | building site, for installation, or assembly and installation, | ||||||
22 | on the building site with a permanent foundation. | ||||||
23 | "Nonconformity" refers to a manufactured housing unit's |
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1 | failure to conform
to all express warranties applicable to that | ||||||
2 | manufactured housing unit, which failure
substantially impairs | ||||||
3 | the use, market value, or safety of that manufactured housing | ||||||
4 | unit.
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5 | "Seller" means the manufacturer of manufactured housing, | ||||||
6 | that manufacturer's
agent or distributor, or that | ||||||
7 | manufacturer's authorized dealer.
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8 | "Statutory warranty period" means the period of one year | ||||||
9 | after the date of the delivery of a manufactured housing
unit | ||||||
10 | to the consumer who purchased or leased it.
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11 | "Lease cost" includes deposits, fees, taxes, down | ||||||
12 | payments, periodic
payments, and any other amount paid to a | ||||||
13 | seller by a consumer in connection
with the lease of a | ||||||
14 | manufactured housing unit.
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15 | Section 10. Failure of manufactured housing to conform; | ||||||
16 | remedies; presumptions.
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17 | (a) If, after a reasonable number of attempts, the seller | ||||||
18 | is unable to conform
the manufactured housing unit to any of | ||||||
19 | its applicable express warranties, then the manufacturer
must | ||||||
20 | either provide the consumer with a new manufactured housing | ||||||
21 | unit of like model line, if
available, or otherwise a | ||||||
22 | comparable manufactured housing unit as a replacement, or | ||||||
23 | accept
the return of the manufactured housing unit from the | ||||||
24 | consumer and refund to the consumer the full
purchase price or | ||||||
25 | lease cost of the new manufactured housing unit, including all |
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1 | collateral
charges, less a reasonable allowance for consumer | ||||||
2 | use of the manufactured housing unit. For
purposes of this | ||||||
3 | Section, "collateral charges" does not include taxes paid by
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4 | the purchaser on the initial purchase of the new manufactured | ||||||
5 | housing unit. The retailer who
initially sold the manufactured | ||||||
6 | housing unit may file a claim for credit for taxes paid | ||||||
7 | pursuant
to the terms of Sections 6, 6a, 6b, and 6c of the | ||||||
8 | Retailers' Occupation Tax
Act. Should the manufactured housing | ||||||
9 | unit be converted, modified, or altered in a way other than
the | ||||||
10 | manufacturer's original design, the party that performed the | ||||||
11 | conversion or
modification shall be liable under the provisions | ||||||
12 | of this Act, provided the
part or parts causing the | ||||||
13 | manufactured housing unit not to perform according to its | ||||||
14 | warranty were
altered or modified.
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15 | (b) A presumption that a reasonable number of attempts have | ||||||
16 | been undertaken
to conform a new manufactured housing unit to | ||||||
17 | its express warranties shall arise where, within
the statutory | ||||||
18 | warranty period,
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19 | (1) the same nonconformity has been subject to repair | ||||||
20 | by the seller, its
agents or authorized dealers during the | ||||||
21 | statutory warranty period,
4 or more times, and such | ||||||
22 | nonconformity continues to exist; or
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23 | (2) the manufactured housing unit has been out of | ||||||
24 | service by reason of repair of
nonconformities for a total | ||||||
25 | of 30 or more business days during the
statutory warranty | ||||||
26 | period.
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1 | (c) A reasonable allowance for consumer use of a | ||||||
2 | manufactured housing unit is that amount
directly attributable | ||||||
3 | to the wear and tear incurred by the new manufactured housing | ||||||
4 | unit as a
result of its having been used prior to the first | ||||||
5 | report of a nonconformity
to the seller and during any | ||||||
6 | subsequent period in which it is not out of
service by reason | ||||||
7 | of repair.
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8 | (d) The fact that a new manufactured housing unit's failure | ||||||
9 | to conform to an express warranty
is the result of abuse, | ||||||
10 | neglect, or unauthorized modifications or alterations
is an | ||||||
11 | affirmative defense to claims brought under this Act.
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12 | (e) The statutory warranty period of a new manufactured | ||||||
13 | housing unit shall be suspended for
any period of time during | ||||||
14 | which repair services are not available to the
consumer because | ||||||
15 | of a war, invasion or strike, or a fire, flood, or other
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16 | natural disaster.
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17 | (f) Refunds made pursuant to this Act shall be made to the | ||||||
18 | consumer, and
lienholder if any exists, as their respective | ||||||
19 | interests appear.
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20 | (g) For the purposes of this Act, a manufacturer sells a | ||||||
21 | new manufactured housing unit to a
consumer when he provides | ||||||
22 | that consumer with a replacement manufactured housing unit | ||||||
23 | pursuant
to subsection (a).
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24 | (h) In no event shall the presumption herein provided apply | ||||||
25 | against a
manufacturer, his agent, distributor or dealer unless | ||||||
26 | the manufacturer has
received prior direct written |
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1 | notification from or on behalf of the consumer,
and has an | ||||||
2 | opportunity to correct the alleged defect.
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3 | Section 15. Informal settlement procedure. | ||||||
4 | (a) The provisions of subsection (a) of Section 10 shall | ||||||
5 | not
apply, unless the consumer has first resorted to an | ||||||
6 | informal settlement
procedure applicable to disputes to which | ||||||
7 | that subsection would apply where:
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8 | (1) the manufacturer of the new manufactured housing | ||||||
9 | unit has established such a procedure;
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10 | (2) the procedure conforms:
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11 | (A) substantially with the provisions of Title 16, | ||||||
12 | Code of Federal
Regulation, Part 703, as from time to | ||||||
13 | time amended; and
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14 | (B) to the requirements of subsection (c); and
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15 | (3) The consumer has received from the seller adequate | ||||||
16 | written notice of
the existence of the procedure. Adequate | ||||||
17 | written notice includes but is not limited to the | ||||||
18 | incorporation
of the informal dispute settlement procedure | ||||||
19 | into the terms of the written
warranty to which the | ||||||
20 | manufactured housing unit does not conform.
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21 | (b) If the consumer is dissatisfied with the decision | ||||||
22 | reached in an informal
dispute settlement procedure or the | ||||||
23 | results of such a decision, he may bring
a civil action to | ||||||
24 | enforce his rights under subsection (a) of Section 3.
The | ||||||
25 | decision reached in the informal dispute settlement procedure |
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1 | is admissible
in such a civil action. The period of limitations | ||||||
2 | for a civil action to
enforce a consumer's rights or remedies | ||||||
3 | under subsection (a) of Section
3 shall be extended for a | ||||||
4 | period equal to the number of days the subject
matter of the | ||||||
5 | civil action was pending in the informal dispute settlement | ||||||
6 | procedure.
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7 | (c) A disclosure of the decision in an informal dispute | ||||||
8 | settlement procedure
shall include notice to the consumer of | ||||||
9 | the provisions of subsection (b).
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10 | Section 20. Election to proceed and settle. Persons | ||||||
11 | electing to proceed and settle under this Act are barred from a | ||||||
12 | separate cause of action under the Uniform Commercial
Code.
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13 | Section 25. Commencement of action. Any action brought | ||||||
14 | under this Act must be commenced within
18 months following the | ||||||
15 | date of original delivery of the manufactured housing unit
to | ||||||
16 | the consumer.
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17 | Section 30. Written statement. The seller who sells a new | ||||||
18 | manufactured housing unit to a consumer, must, upon
delivery of | ||||||
19 | that manufactured housing unit to the consumer, provide the | ||||||
20 | consumer with a
written statement clearly and conspicuously | ||||||
21 | setting forth in full detail
the consumer's rights under | ||||||
22 | subsection (a) of Section 10, and the
presumptions created by | ||||||
23 | subsection (b) of that Section.
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1 | Section 35. Application of Act. This Act shall apply to | ||||||
2 | manufactured housing sold after the effective date of this Act.
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