Terms Used In Arizona Laws > Title 41 > Chapter 37 > Article 4 - Office of Administration

• Act: means the national manufactured housing construction and safety standards act of 1974 and title VI of the housing and community development act of 1974 (P. See Arizona Laws 41-4001
• Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the board of manufactured housing. See Arizona Laws 41-4001
• Broker: means any person who acts as an agent for the sale or exchange of a used manufactured home or mobile home except as exempted in section 41-4028. See Arizona Laws 41-4001
• Certificate: means a numbered or serialized label or seal that is issued by the director as certification of compliance with this chapter. See Arizona Laws 41-4001
• Commercial: means a building with a use-occupancy classification other than single-family dwelling. See Arizona Laws 41-4001
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means either a purchaser or seller of a unit regulated by this chapter who uses the services of a person licensed by the department. See Arizona Laws 41-4001
• Consummation of sale: means that a purchaser has received all goods and services that the dealer or broker agreed to provide at the time the contract was entered into, the transfer of title or the filing of an affidavit of affixture, if applicable, to the sale. See Arizona Laws 41-4001
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person who sells, exchanges, buys, offers or attempts to negotiate or who acts as an agent for the sale or exchange of factory-built buildings, manufactured homes or mobile homes except as exempted in section 41-4028. See Arizona Laws 41-4001
• Defect: means any defect in the performance, construction, components or material of a unit that renders the unit or any part of the unit unfit for the ordinary use for which it was intended. See Arizona Laws 41-4001
• Department: means the Arizona department of housing. See Arizona Laws 41-4001
• Director: means the director of the department. See Arizona Laws 41-4001
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Earnest monies: means all monies given by a purchaser or a financial institution to a dealer or broker before consummation of the sale. See Arizona Laws 41-4001
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• HUD: means the United States department of housing and urban development. See Arizona Laws 41-4001
• including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Installation: means :

  (a) Connecting new or used mobile homes, manufactured homes or factory-built buildings to on-site utility terminals or repairing these utility connections. See Arizona Laws 41-4001

• Installer: means any person who engages in the business of performing installations of manufactured homes, mobile homes or factory-built buildings. See Arizona Laws 41-4001
• Lien: A claim against real or personal property in satisfaction of a debt.
• Listing agreement: means a document that contains the name and address of the seller, the year, manufacturer and serial number of the listed unit, the beginning and ending dates of the time period that the agreement is in force, the name of the lender and lien amount, if applicable, the price the seller is requesting for the unit, the commission to be paid to the licensee and the signatures of the sellers and the licensee who obtains the listing. See Arizona Laws 41-4001
• Manufactured home: means a structure built in accordance with the act. See Arizona Laws 41-4001
• Manufacturer: means any person that is engaged in manufacturing, assembling or reconstructing any unit regulated by this chapter. See Arizona Laws 41-4001
• Minor: means a person under eighteen years of age. See Arizona Laws 1-215
• Mobile home: means a structure built before June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities. See Arizona Laws 41-4001
• Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
• Office: means the office of manufactured housing within the department. See Arizona Laws 41-4001
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
• Property: includes both real and personal property. See Arizona Laws 1-215
• Purchaser: means a person purchasing a unit in good faith from a licensed dealer or broker for purposes other than resale. See Arizona Laws 41-4001
• Qualifying party: means a person who is an owner, employee, corporate officer or partner of the licensed business and who has active and direct supervision of and responsibility for all operations of that licensed business. See Arizona Laws 41-4001
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Residential: means a building with a use-occupancy classification of a single-family dwelling or as governed by the international residential code. See Arizona Laws 41-4001
• Salesperson: means any person who, for a salary, commission or compensation of any kind, is employed by or acts on behalf of any dealer or broker of manufactured homes, mobile homes or factory-built buildings to sell, exchange, buy, offer or attempt to negotiate or act as an agent for the sale or exchange of an interest in a manufactured home, mobile home or factory-built building. See Arizona Laws 41-4001
• Seller: means a natural person who enters into a listing agreement with a licensed dealer or broker for the purpose of resale. See Arizona Laws 41-4001
• Statutory agent: means a person who is on file with the corporation commission as the statutory agent. See Arizona Laws 41-4001
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Unit: means a manufactured home, mobile home, factory-built building or accessory structures. See Arizona Laws 41-4001
• United States: includes the District of Columbia and the territories. See Arizona Laws 1-215
• Workmanship: means a minimum standard of construction or installation reflecting a journeyman quality of the work of the various trades. See Arizona Laws 41-4001
• Writing: includes printing. See Arizona Laws 1-215