| (a) A consumer may modify or waive the right to rescind
the deadlines for disclosures before the execution of the contract
if the consumer determines that the purchase transaction is needed
to meet a bona fide emergency. To
modify or waive the right, the consumer shall give the retailer a
dated written statement that describes the emergency, specifically
modifies or waives the notice periods, and bears the signature of
all the consumers entitled to the disclosures and right of rescission.
Printed forms for this purpose are prohibited, except as set forth
on the Department's website.
(b) Printed forms may be used to the rights as provided
for in §1201.164 of the Standards Act only if:
(1) The basic form set forth on the Department's website
is used; and
(2) The Director has reviewed and approved the language
used to describe the specific declared emergency.
(c) A retailer or manufacturer may not transfer ownership
of a new or used HUD-code manufactured home or otherwise sell, assign,
or convey a HUD-code manufactured home to a consumer unless the retailer
or manufacturer delivers to the consumer a formaldehyde health notice.
(1) The formaldehyde health notice must be delivered
before the execution of a mutually binding sales agreement or retail
installment sales contract.
(2) The formaldehyde health notice will be provided
on the Manufactured Housing Division's website. The notice must be
of the type, size and format required by the director. A retailer
or manufacturer may not vary the content or form of the notice.
(3) The formaldehyde health notice may be combined
with other disclosures, if deemed appropriate.
|
| Source Note: The provisions of this §80.38 adopted to be effective December 30, 2007, 32 TexReg 8790; amended to be effective November 6, 2011, 36 TexReg 6724; amended to be effective January 7, 2018, 42 TexReg 6921; amended to be effective October 23, 2022, 47 TexReg 6196 |
