Manufactured Home Dealer's License - What You Need to Know

Do I need a license to sell manufactured homes?Yes. Individuals or entities that sell a manufactured home on behalf of another person have always required a license. If I am a licensed real estate agent, can I sell manufactured homes?In some cases, real estate brokers will need an MSD license. If a manufactured structure is sold separate from the sale of the land, this is considered a personal property transaction and requires an MSD license. The sale of a manufactured structure and land in a single transaction is a real estate transaction and requires a real estate license (but not an MSD license). I sell Park Model structures. Do I need a DFCS dealer's license to sell these structures?Yes. Except for person-to-person sales, any individual or entity engaged in selling manufactured homes is required to get a license. If you are a park owner and you sell less than 10 manufactured homes in a year, you may apply for a limited license. You can apply for either license online at https://licensesonline.dcbs.oregon.gov/MyLicense Enterprise/ What is the purpose of a limited dealer's license?The limited license allows a park owner to sell up to ten homes per year within the licensee's park without having to obtain a full dealer license. ORS 446.706 What are the bonding requirements for a manufactured structures dealer?A bond or letter of credit is required before a license is issued. The bond must be submitted with your application on a Division of Finance and Corporate Securities surety bond form (Form 440-2966) . How do I apply for a manufactured structures dealer license?To apply for a regular or a limited license, submit a completed application form to the Division of Finance and Corporate Securities. Alternatively, you can take advantage of the department's online licensing system - License 2000/My License. This system provides licensees a robust set of tools to apply for, renew, update, or check license status via the web. More information can be found online at https://licensesonline.dcbs.oregon.gov/MyLicense Enterprise/. How do I make changes to my manufactured structures dealer license?If dealers need to change the street address, mailing address, or the DBA or ABN on their license, a correction to the license must be submitted and a $30 fee applies. Please note, the legal name on the license cannot be changed, only the DBA or ABN. As a dealership, if I want to open another sales center, do I need another license?Dealer licenses are good for one location only. If a dealer has, or intends to open, a branch office at a different location under the same business name and license, the dealer must apply for a supplemental license. Does a dealer need a trip permit to move a new home between dealer inventory lots?No. New homes identified as dealer inventory may be moved between a dealer's inventory lots provided the dealer has obtained a supplemental dealer license for the lots in question. Please note that a trip permit is required whenever a used home is moved from one site or dealer location to another. As a dealer, am I subject to taxation on a home I have installed as a spec home?If you have a supplemental license for the home's location, the home is considered inventory.See ORS 446.576 How should a dealer handle a spec home that is placed in a manufactured home park?The statute makes provisions for a dealer to license a park as a dealer site from which the home can be sold. In essence, this means that the initial placement of a spec home on a lot in a park, before it has actually been sold, would be viewed as movement from a dealer lot to a dealer lot. Can an Escrow Agent complete the sales transaction of a manufactured structure on behalf of my dealership?Yes, provided the conditions specified in ORS 446.591 are met. Who should I contact if I have any questions about dealer licensing?Licensing Staff (503) 378-4140dcbs.dfcsmail@state.or.us

Fair Housing: Occupancy By Who's Standard (Part 2 of 2)

By Jo Becker, Education/Outreach Specialist, Fair Housing Council Serving Oregon and SW WashingtonIn our last article, we looked at the work of Tim Iglesias and the legal implications of, as well as the disparate impact of overly restrictive occupancy standards, including two-people-per-bedroom policies. In this article, the last in the two-part series, the work of Ellen Pader, an anthropologist and Associate Director of the Housing Research Center at the University of Massachusetts Amherst we look at the historical and cultural perspectives behind our country's occupancy policies. I recently read Ms. Pader's Housing Occupancy Standards: Inscribing Ethnicity and Family Relations on the Land, published in the Journal of Architectural and Planning Research in the winter of 2002. Despite being more than a few years old, it is packed with - what for me - was stunning revelations about the deep and particularly contrived history of occupancy standards in the US. As you read along with me, I ask that you do so with an open mind. Step outside the lens of your role as a housing provider to gain greater perspective. Warning: Ms. Pader's vocabulary is rich but dense; I hope the excerpts I have selected here are not too arduous. That said, I strongly suggest you download the entire document (available at www.FHCO.org/occupancy.htm) and read it over a cup of something yummy some long, rainy evening. I'll start you off with the verbose preface to Pader's paper:THE PREMISEAttempts to define family and the appropriate sociospatial arrangements for an idealized "normal" U.S. household formation have had profound influences on the design and size of houses

Refresher on Age Restricted Community - "55 and Older Communities"

By: Robert S. Coldren, ESQ and James S. Morse, Esq.If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an older person". If you own property designated as housing for "seniors" you should periodically refresh yourself on the state of the law protecting "older persons" and to avoid the mistakes of other property owners.HistoryThe Civil Rights Act of 1968 enacted The Fair Housing Act ("FHA") to prohibit housing discrimination based on race

A Refresher on the Housing for Older Persons Act (55 and Older Communities)

By: Robert S. Coldren, ESQ and James S. Morse, Esq.If you are reading this, chances are you are one of the millions of baby boomers at or near retirement. Although you might not care for the moniker, the government has officially designated you as an older person". If you own property designated as housing for "seniors" you should periodically refresh yourself on the state of the law protecting "older persons" and to avoid the mistakes of other property owners.HistoryThe Civil Rights Act of 1968 enacted The Fair Housing Act ("FHA") to prohibit housing discrimination based on race

Re-Survey In 55 & Older Communities - Make Sure You Are Current

We all know that 80% or more of a community homesites must be occupied by at least one 55+ person, and that documented proof of age must be consistently required to qualify for 55+ status under HOPA. Let's not forget that the requirements also mandate the re-survey.What do the Regulations say? ...The procedures described in paragraph (b) [routinely determining the occupancy of each unit

Screening Criteria - Essential to Application Process and Preserving Your Role as the Gate Keeper for Your Community

Your Screening Criteria" is another important document that should be provided to an interested applicant. This is the document that will determine where you draw the line between acceptance and denial. Your "Screening Criteria" is a written statement of the factors the landlord considers in deciding whether to accept of reject an applicant and any qualification required for acceptance. What can you have on that list? That is up to you. Here is a brief list to get you started: unsatisfactory rental references

Americans With Disabilities Revised Requirements - Service Animals

The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards). OverviewThis publication provides guidance on the term service animal" and the service animal provisions in the Department's revised regulations. ? Beginning on March 15

Recreational Vehicle Question and Answer with Attorney Mark Busch: RV Rental Agreements

By Mark L. Busch, P.C., Attorney at Law Question: Can our park use the regular MHCO manufactured home rental agreement for RV tenants who are allowed in certain spaces throughout our manufactured home park? Answer: No, the park should definitely not use a regular manufactured home rental agreement for RVs. By doing so, the park might inadvertently give the RV tenants more rights than they are otherwise entitled to under Oregon's Landlord-Tenant Laws. Specifically, the MHCO manufactured home rental agreement (and most other, similar manufactured home rental agreements) typically define the rented space as being used for a manufactured home." This could used against the park in an eviction action. The RV tenant's attorney could very well argue that the RV is a "manufactured home

Helpful Tips for 55 & Older Community Owners

By David M. Weber & M. Christine Weber We all know it is far easier to maintain a resident than find one who will fill a vacant space within a community. This is particularly true in 55+ communities. To be great at resident retention, managers need to believe strongly in the lifestyle that has led many seniors to a manufactured housing way of life. Managers must be helpful, respectful, enthusiastic and work relentlessly to continuously improve their seniors' lifestyles. One of the measuring sticks of great managers, as well as great regional managers, is their ability to be friendly while at the same time, keeping their eyes firmly upon the objectives of the community. The responsibilities of property management are immense and sometimes thankless. It is hard to believe that any of us could add another thing to our schedules to strive for better resident relations. But we must, and we must go at it with an eager, devoted, and intense passion to be successful. The only way to achieve this and still maintain the quality of the community is great organizational skills, resident, participation and the initiative to be creative. No matter how large or small a community and its budget, the following simple steps will bring a community to its peak performance and create strong resident relations. Get the Residents Involved Make photo albums or scrapbooks of residents enjoying their community or community activities. Seniors enjoy donating photos from their past and the fun time they've had with neighbors or friends. Residents can form a photography club to take pictures of all community events, funny resident situations and neighbors helping one another. Photo clubs are a good source for pictures submitted by residents. Volunteers can help with the collection of photos and putting together the album. Display the album(s) proudly in the activity center or community lounge area for all to enjoy. Managers should look through the books from time to time to ensure quality content. Encourage residents to write positive letters or stories about the community. Resident writings can be collected in an attractive album, which is also to be displayed in the community activity center. When the letters have been submitted, ask if they may be used in the community newsletter. Pick one letter a month to exhibit in an attractive picture frame under the caption, Letter of the month" or "Why we enjoy living in this community." Create a journal to pass around the community (it may be a spiral notebook) for all residents to write in. A note stating the topic should be firmly attached on the outside of the journal for all to read before inserting thoughts. The note may ask for how long the resident has lived in the community and a short biography. Encourage the use of photos or themselves

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