12 CFR 1010.11 – Manufactured home exemption
(a) The sale of a lot is exempt from the registration requirements of the Act when the following eligibility requirements are met:
Terms Used In 12 CFR 1010.11
- Contract: A legal written agreement that becomes binding when signed.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- seller: include in their meanings the terms "lease" and "lessor". See 12 CFR 1010.1
(1) The lot is sold as a homesite by one party and a manufactured home is sold by another party and the contracts of sale:
(i) Obligate the sellers to perform, contingent upon the other seller carrying out its obligations so that a completed manufactured home will be erected on a completed homesite within two years after the date the purchaser signed the contract to purchase the lot;
(ii) Provide that all funds received by the sellers are to be deposited in escrow accounts independent of the sellers until the transactions are completed;
(iii) Provide that funds received by the sellers will be released to the buyer upon demand if the lot on which the manufactured home has been erected is not conveyed within two years; and
(iv) Contain no provisions which restrict the purchaser’s remedy of bringing suit for specific performance.
(2) The homesite is developed in conformance with all local codes and standards, if any, for manufactured home subdivisions.
(3) At the time of closing:
(i) Potable water and sanitary sewage disposal are available to the homesite and electricity has been extended to the lot line;
(ii) The homesite is accessible by roads;
(iii) The purchaser receives marketable title to the lot; and
(iv) Other common facilities represented in any manner by the developer or agent to be provided are completed or there are letters of credit, cash escrows or surety bonds in the form acceptable to the local government in an amount equal to 100 percent of the estimated cost of completion. Corporate bonds are not acceptable for purposes of the exemption.
(4) For purposes of this section, a manufactured home is a unit receiving a label in conformance with U.S. Department of Housing and Urban Development (HUD) regulations implementing the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401).
(b) The sale must also comply with the anti-fraud provisions of § 1010.4(b) and (c) of this part.