LibGuides: Manufactured and Mobile Homes: Ohio Laws: Consumer Protections

Books at the Franklin County Law Library

Anderson's Ohio Consumer Law Manual by Gregory Travalio and Mark Troutman
Call Number: KFO 230 .T73
Also available as an ebook for attorneys who have a library card with the Franklin County Law Library. Also available from Lexis on the Franklin County Law Library public computers.
Consumer Credit Regulation by Carolyn Carter
Call Number: KF 1040 .C37
Publication Date: 2012
National Consumer Law Center
Consumer Warranty Law by Carolyn Carter
Call Number: KF 919. C6 C37
Publication Date: 2015
National Consumer Law Center
Ohio Consumer Law by Legal Aid Society of Cleveland & the Ohio Poverty Law Center
Call Number: KFO 230 .O35
Truth in Lending by Diane Thompson
Call Number: KF 1040 .T78
Publication Date: 2015
National Consumer Law Center
Unfair and Deceptive Acts and Practices by Jeremiah Battle, Jonathan Sheldon and John Van Alst
Call Number: KF 1607 .C17
Publication Date: 2016
National Consumer Law Center

A variety of federal agencies provide or guarantee financing for the purchase of manufactured homes:

38 U.S. Code § 3712
Loans to veterans to purchase manufactured homes and lots.
12 US Code §1464(c)(1((J)
Federal savings associations may also make manufactured home loans.
12 U.S. Code § 1703
Financing will not be allowed for homes in manufactured home parks unless the
original lease is for not less than three years and the lease can be renewed for successive one-year terms. The lease must also require 180 days’ prior notice before closing a manufactured home community.

The Truth in Lending Act (TILA) requires disclosures in consumer credit transactions. Selected provisions are below:

15 U.S. Code § 1602(g)
TIL disclosures are to be made by the party to whom the obligation is initially payable.
15 U.S. Code § 1602(bb)
The Home Ownership and Equity Protection Act provide special protections for credit transactions that are secured by the consumer's principal dwelling, which manufactured home mortgages often are.
15 U.S. Code § 1603(3)
TILA normally does not cover transactions above $50,000. However, there is an exception where the creditor takes a security interest in the home of the consumer, such as a manufactured home.
15 U.S. Code § 1641
The financier is jointly liable with the dealer for TILA damages if the TILA damages are apparent on the face of the documents assigned.

The US Code also offers other consumer protections. Selected statutes are below:

15 U.S.C. §§ 2301-2312
Magnuson-Moss Consumer Warranty Act offers attorneys fees if buyer can prove manufacturer or dealer breached warranty.
49 U.S. Code § 11707
Liability when property is delivered in violation of routing instructions. The "Carmack Amendment" may allow you to sue delivery company if there is damage to manufactured home.

Consumer Protection Laws applicable to buying and selling manufactured and mobile homes:

O.R.C. Sec. 1302.25
The Uniform Commercial Code warrants good title.
O.R.C. Sec. 1302.26
Under the UCC, any promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
O.R.C. Sec. 1302.27
Implied warranty of merchantability.
O.R.C. Sec. 1302.28
Implied warranty of fitness for a particular purpose.
O.R. C. Sec. 1302.66
Mobile and manufactured homes are considered goods, and are covered by the Uniform Commercial Code. A buyer may revoke acceptance of a good if its non-conformity is not cured and substantially impairs the value to the buyer.
O.R.C. Chapter 1317
The Retail Installment Sales Act (RISA) is a consumer protection statute that applies to retail sales of manufactured and mobile homes.
O.R.C. Sec. 1345.01
Manufactured home brokers are “suppliers ”and purchasers of manufactured or mobile homes and are “consumers” within the meaning of the Consumer Sales Practices Act.

Oh. Admin. Code Sec. 109:4-3-07
Explains when it is a deceptive trade practice to take a deposit.
Oh. Admin. Code Sec. 109:4-3-09
Explains deceptive trade practices concerning delivery or non-delivery of goods.

12 CFR 226.2(a)(19)
The Truth in Lending Act includes mobile homes in its definition of dwellings. Truth in Lending (Regulation Z) deals with the disclosure of information regarding the credit transaction. It requires anyone who regularly extends credit to consumers for personal, family, or household purposes to make certain disclosures regarding those credit terms.
12 CFR §560.30
Savings and loans are also subject to special Office of the Comptroller of the Currency rules regarding their financing of mobile homes.
16 CFR Part 433
The FTC Holder Rule holds the creditor liable for the consumer's claims against the seller.
24 CFR § 201.21
Manufactured home loan eligibility under HUD.