The question came up at the TOEC at Fairlee yesterday about what the penalty is for not filing a mobile bill of sale. Arthur Hamlin, Housing Program Coordinator with the State of Vermont researched the question and emailed it to me today. Below you will find his response and a copy of the related statute.

 

Arthur wrote-------

 

Hi Joyce,

 

Your session on recording mobile home documents was informative. I had to sneak out right at 3:00 to attend a public hearing in Montpelier.

 

I found the reference to the $5,000 fine that the person from the Town of Benson brought up.  The fine was increased from $250 to $5,000 in 2004 (Act 104).  Here is a link to the statute on the State Legislative website.

 

http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=09&Chapter=072

 

Arthur Hamlin

Housing Program Coordinator

(802)-828-3749

 

www.dhca.state.vt.us/Housing

 

The Vermont Statutes Online

Title 9: Commerce and Trade

Chapter 72: MOBILE HOMES

 

TITLE 9

Commerce and Trade

PART IV

Regulation Of Trade

CHAPTER 72. MOBILE HOMES

2601. Definitions

As used in this chapter, unless the context requires otherwise, "mobile home" means:

(1) A mobile home as defined in 10 V.S.A. 6201.

(2) An unmotorized vehicle, other than a travel or recreational trailer, designed to be towed and designed or equipped for use as sleeping, eating or living quarters.

(3) A mobile home remains a mobile home for purposes of this chapter even though it may be used for advertising, sales, display or promotion of merchandise or services, or for any other commercial purposes except the transportation of property. (Added 1971, No. 103; amended 1983, No. 237 (Adj. Sess.), 1; 1989, No. 229 (Adj. Sess.), 1; 2003, No. 104 (Adj. Sess.), 3.)

TITLE 9

Commerce and Trade

PART IV

Regulation Of Trade

CHAPTER 72. MOBILE HOMES

2602. Sale; price disclosure; uniform mobile home 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) [Deleted.]

(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) No mobile home may be sold unless a mobile home uniform bill of sale as described in subsection (c) is completed and furnished by the seller to the buyer. The mobile home uniform bill of sale must be filed with the town clerk of the town in which the mobile home is to be located. Prior to resale, a mobile home uniform bill of sale must be endorsed by the town clerk of the town in which the mobile home is located and a copy sent to the town clerk where the mobile home will be located.

(c) No mobile home shall be moved over the highways of this state unless the operator of the vehicle hauling such mobile home has in his or her possession a copy of the mobile home uniform bill of sale endorsed pursuant to 32 V.S.A. 5079 by the town clerk of the town in which the mobile home was last listed and by the clerk of the town in which the mobile home was last located. The mobile home uniform bill of sale shall contain the make, model, serial, size, year manufactured and location of each mobile home. It shall give the name and address of the owner of the property and whether the property is subject to a security interest and shall be substantially in the following form:

VERMONT MOBILE HOME UNIFORM BILL OF SALE

KNOW ALL PEOPLE BY THESE PRESENTS THAT ............................................, Seller(s), of .............................................. County of .......................................... and State of ......................................, in consideration of .................................... Dollars ($ ) paid by ...................................., Buyer(s), of ..................................................................... County of ........................................... and State of .................................... the receipt and sufficiency whereof is hereby acknowledged, do hereby grant, sell, transfer and deliver unto said Buyer(s) the following goods and chattels, namely:

Mobile Home Make: ............................. Model: ................................ Year: ..............................

Serial Number: ....................... Size: ................... Color: .......................... presently located at ................................ in the Town of .....................................

[ ] Mobile Home will remain at above location.

[ ] Mobile Home will be located at .............................. in Town of ...............................

TO HAVE AND TO HOLD all and singular the goods and chattels to the said Buyer(s) ................................... and Buyer(s) executors, administrators, and assigns, to Buyer(s) own use and behoof forever. And the Seller(s) hereby covenant(s) with the said Buyer(s) that Seller(s) is/are the lawful owner(s) of said goods and chattels, that they are free from all encumbrances, that Seller(s) has/have good right to sell the same as aforesaid, and that Seller(s) will warrant and defend the same against the lawful claims and demands of all persons.

IN WITNESS WHEREOF, the Seller(s) hereto set(s) his/her/their hand(s), this ............................. day of .......................... A.D. 20 .........

.................................. ........................................................

Witness Seller

.................................. ..............................................................

Witness Seller

NOTICE: Title 32 V.S.A. 5079 requires that this Mobile Home Uniform Bill of Sale be signed by Sellers, Town Clerk of the Town where the Mobile Home is located prior to sale, and filed by Buyer with the Town Clerk of the Town where the Mobile Home will be located after the sale.

SECURITY INTEREST

This property is subject to the following security interest or interests of record:

Secured Party Date Discharged Town Record Number

TO BE COMPLETED BY TOWN CLERK WHERE MOBILE HOME IS

PRESENTLY LOCATED.

I hereby acknowledge that:

1. Notation of above transfer has been made on the margin of the retained copy of the Mobile Home Uniform Bill of Sale whereby Seller(s) herein acquired title.

2. Copy of this bill of sale has been forwarded to Town Clerk of Town where above Mobile Home will be located.

3. Notation of security interest has been made.

DATED: ...................................... ATTEST: ........................... TOWN CLERK

(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.)

TITLE 9

Commerce and Trade

PART IV

Regulation Of Trade

CHAPTER 72. MOBILE HOMES

2603. Financing of mobile homes; creditors' remedies; retail installment contract disclosure

(a) Except as provided in subsection (b) of this section, a mobile home may be financed under chapter 59 of this title, or under section 41a(b)(4) of this title.

(b) An obligation to finance a mobile home if consummated while the mobile home is permanently sited in a manner intended for continuous residential occupancy by the owner on land owned by the owner of the mobile home shall be financed as a residence.

(c) The holder of a retail installment contract, promissory note or other evidence of indebtedness, secured by collateral consisting of a mobile home, shall not have the prejudgment remedies provided in section 9-609 of Title 9A, section 5331 of Title 12, V.R.C.P. 64 or V.R.C.P. 4.1, except where V.R.C.P. 64(b)(3) or V.R.C.P. 4.1(b)(3) applies, with respect to the mobile home. The holder of the retail installment contract may proceed in superior court by action to take possession of the mobile home under section 9-609 of Title 9A. An action to take possession of a mobile home shall be heard by the superior court within 90 days of filing of the action.

(d) A mobile home which is permanently sited in a manner intended for continuous residential occupancy by the owner, on land owned or leased by its owner, shall be considered a homestead under chapter 3 of Title 27.

(e) At the time a motor vehicle retail installment sales contract for purchase of a mobile home is taken, a retail seller shall provide to the potential buyer written disclosure in a form approved by the commissioner of banking, insurance, securities, and health care administration. The disclosure shall clearly state that other financing options may be available for the purchase of the mobile home, including financing offered by the Vermont housing finance agency, lenders licensed pursuant to chapter 73 of Title 8, a financial institution as described in 8 V.S.A. 11101(32), or a credit union. Any person who fails to comply with this subsection may be fined by the commissioner no more than $1,000.00 for each occurrence. (Added 1971, No. 103; amended 1975, No. 215 (Adj. Sess.), 1, eff. April 1, 1976; 1979, No. 173 (Adj. Sess.), 24, eff. April 30, 1980; 2003, No. 104 (Adj. Sess.), 6.)

TITLE 9

Commerce and Trade

PART IV

Regulation Of Trade

CHAPTER 72. MOBILE HOMES

2604. Penalty

A person who violates a provision of this chapter:

(1) Except for violations of subsection 2603(e) of this title, shall be fined not more than $5,000.00 for each occurrence.

(2) Shall be subject to all the remedies and penalties available to a consumer and the attorney general under chapter 63 of this title. (Added 1975, No. 215 (Adj. Sess.), 3, eff. April 1, 1976; amended 2003, No. 104 (Adj. Sess.), 7.)

 

 

 

Joyce L. Mazzucco, CVC, CVT
Randolph Town Clerk & Treasurer
7 Summer St., Drawer B
Randolph, VT 05060
Phone:  (802) 728-5682

Fax:  (802) 728-5818
Email:  [log in to unmask]