Virginia Code 36-85.20: Grounds for denying, suspending or revoking license.
A. A license may be denied, suspended, or revoked by the Board on any one or more of the following grounds:
Terms Used In Virginia Code 36-85.20
- Board: means the Virginia Manufactured Housing Board. See Virginia Code 36-85.16
- broker: means any person, partnership, association or corporation, resident or nonresident, who, for compensation or valuable consideration, sells or offers for sale, buys or offers to buy, negotiates the purchase or sale or exchange, or leases or offers to lease used manufactured homes that are owned by a party other than the broker. See Virginia Code 36-85.16
- Buyer: means the person who purchases at retail from a dealer or manufacturer a manufactured home for personal use as a residence or other related use. See Virginia Code 36-85.16
- Code: means the appropriate standards of the Virginia Uniform Statewide Building Code and the Industrialized Building and Manufactured Home Safety Regulations adopted by the Board of Housing and Community Development and administered by the Department of Housing and Community Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 for manufactured homes. See Virginia Code 36-85.16
- dealer: means any person, resident or nonresident, engaged in the business of buying, selling or dealing in manufactured homes or offering or displaying manufactured homes for sale in Virginia. See Virginia Code 36-85.16
- Manufactured home: means a structure constructed to federal standards, transportable in one or more sections, which, in the traveling mode, is 8 feet or more in width and is 40 feet or more in length, or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. See Virginia Code 36-85.16
- manufacturer: means any persons, resident or nonresident, who manufacture or assemble manufactured homes for sale in Virginia. See Virginia Code 36-85.16
- Person: means any individual, natural person, firm, partnership, association, corporation, legal representative, or other recognized legal entity. See Virginia Code 36-85.16
- recovery fund: means the Virginia Manufactured Housing Transaction Recovery Fund. See Virginia Code 36-85.16
- Regulant: means any person, firm, corporation, association, partnership, joint venture, or any other legal entity required by this chapter to be licensed by the Board. See Virginia Code 36-85.16
- sale: include lease-purchase transactions. See Virginia Code 36-85.16
- salesperson: means any person who for compensation or valuable consideration is employed either directly or indirectly by, or affiliated as an independent contractor with, a manufactured home dealer, broker or manufacturer to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, sale or exchange, or to lease or offer to lease new or used manufactured homes. See Virginia Code 36-85.16
- Set-up: means the operations performed at the occupancy site which render a manufactured home fit for habitation. See Virginia Code 36-85.16
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Substantial identity of interest: means (i) a controlling financial interest by the individual or corporate principals of the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed or (ii) substantially identical principals or officers as the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed by the Board. See Virginia Code 36-85.16
1. Material misstatement in application for license;
2. Failure to pay required assessment to the Manufactured Housing Recovery Fund;
3. Engaging in the business of a manufactured home manufacturer, dealer, broker, or salesperson without first obtaining a license from the Board;
4. Failure to comply with the warranty service obligations and claims procedure established by this chapter;
5. Failure to comply with the set-up and tie-down requirements of the Code;
6. Having knowingly failed or refused to account for or to pay over moneys or other valuables belonging to others which have come into the regulant‘s possession arising from the sale of manufactured homes;
7. Use of unfair methods of competition or unfair or deceptive commercial acts or practices;
8. Failure to appear before the Board upon due notice or to follow directives of the Board issued pursuant to this chapter;
9. Employing unlicensed retail salespersons;
10. Knowingly offering for sale the products of manufacturers who are not licensed pursuant to this chapter or selling to dealers not licensed pursuant to this chapter manufactured homes which are to be sold in the Commonwealth to buyers as defined in this chapter;
11. Having had a license revoked, suspended, or denied by the Board under this chapter; or having had a license revoked, suspended or denied by a similar entity in another state; or engaging in conduct in another state which conduct, if committed in this Commonwealth, would have been a violation under this chapter;
12. Defrauding any buyer, to the buyer’s damage, or any other person in the conduct of the regulant’s business; or
13. Failure to comply with any provisions of this chapter.
B. The Board may revoke or deny renewal of an existing license or refuse to issue a license to any manufactured home broker, dealer, manufacturer or salesperson who is shown to have a substantial identity of interest with a manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed by the Board.
C. Any person whose license is revoked or not renewed by the Board shall not be eligible for a license under any circumstances or under any name, except as provided by regulations of the Board pursuant to § 36-85.18.
1991, c. 555; 1992, c. 223; 2008, c. 350.