{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-85.16.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-85.16.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-85.16.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-85.16.html"}],"law_id":86721,"edition_id":1,"section_id":86721,"structure_id":13322,"section_number":"36-85.16","catch_line":"Definitions","history":"1991, c. 555; 1992, c. 223; 1994, c. 671; 2005, c. 430; 2008, c. 350.","full_text":"As used in this chapter, unless a different meaning or construction is clearly required by the context:\n\t\t&#8220;Board&#8221; means the Virginia Manufactured Housing Board.\n\t\t&#8220;Buyer&#8221; 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.\n\t\t&#8220;Claimant&#8221; means any person who has filed a verified claim under this chapter.\n\t\t&#8220;Code&#8221; 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.\n\t\t&#8220;Defect&#8221; means any deficiency in or damage to materials or workmanship occurring in a manufactured home which has been reasonably maintained and cared for in normal use. The term also means any failure of any structural element, utility system or the inclusion of a component part of the manufactured home which fails to comply with the Code.\n\t\t&#8220;Department&#8221; means the Department of Housing and Community Development.\n\t\t&#8220;Director&#8221; means the Director of the Department of Housing and Community Development, or his designee.\n\t\t&#8220;Fund&#8221; or &#8220;recovery fund&#8221; means the Virginia Manufactured Housing Transaction Recovery Fund.\n\t\t&#8220;Manufactured home&#8221; 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.\n\t\t&#8220;Manufactured home broker&#8221; or &#8220;broker&#8221; 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.\n\t\t&#8220;Manufactured home dealer&#8221; or &#8220;dealer&#8221; 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. Any person who buys, sells, or deals in three or more manufactured homes in any 12-month period shall be presumed to be a manufactured home dealer. The terms &#8220;selling&#8221; and &#8220;sale&#8221; include lease-purchase transactions. The term &#8220;manufactured home dealer&#8221; does not include banks and finance companies that acquire manufactured homes as an incident to their regular business.\n\t\t&#8220;Manufactured home manufacturer&#8221; or &#8220;manufacturer&#8221; means any persons, resident or nonresident, who manufacture or assemble manufactured homes for sale in Virginia.\n\t\t&#8220;Manufactured home salesperson&#8221; or &#8220;salesperson&#8221; 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.\n\t\t&#8220;New manufactured home&#8221; means any manufactured home that (i) has not been previously sold except in good faith for the purpose of resale, (ii) has not been previously occupied as a place of habitation, (iii) has not been previously used for commercial purposes such as offices or storage, and (iv) has not been titled by the Virginia Department of Motor Vehicles and is still in the possession of the original dealer. If the home is later sold to another dealer and then sold to a consumer within two years of the date of manufacture, the home is still considered new and must continue to meet all state warranty requirements. However, if a home is sold from the original dealer to another dealer and it is more than two years after the date of manufacture, and it is then sold to a consumer, the home must be sold as &#8220;used&#8221; for warranty purposes. Notice of the &#8220;used&#8221; status of the manufactured home and how this status affects state warranty requirements must be provided, in writing, to the consumer prior to the closing of the sale.\n\t\t&#8220;Person&#8221; means any individual, natural person, firm, partnership, association, corporation, legal representative, or other recognized legal entity.\n\t\t&#8220;Regulant&#8221; means any person, firm, corporation, association, partnership, joint venture, or any other legal entity required by this chapter to be licensed by the Board.\n\t\t&#8220;Responsible party&#8221; means a manufacturer, dealer, or supplier of manufactured homes.\n\t\t&#8220;Set-up&#8221; means the operations performed at the occupancy site which render a manufactured home fit for habitation. Such operations include, but are not limited to, transportation, positioning, blocking, leveling, supporting, anchoring, connecting utility systems, making minor adjustments, or assembling multiple or expandable units. Such operations do not include lawful transportation services performed by public utilities operating under certificates or permits issued by the State Corporation Commission.\n\t\t&#8220;Substantial identity of interest&#8221; 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.\n\t\t&#8220;Supplier&#8221; means the original producer of completed components, including refrigerators, stoves, water heaters, dishwashers, cabinets, air conditioners, heating units, and similar components, and materials such as floor coverings, panelling, siding, trusses, and similar materials, which are furnished to a manufacturer or a dealer for installation in the manufactured home prior to sale to a buyer.\n\t\t&#8220;Used manufactured home&#8221; means any manufactured home other than a new home as defined in this section.","order_by":null,"text":{"0":{"id":310569,"text":"As used in this chapter, unless a different meaning or construction is clearly required by the context:\n\t\t&#8220;Board&#8221; means the Virginia Manufactured Housing Board.\n\t\t&#8220;Buyer&#8221; 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.\n\t\t&#8220;Claimant&#8221; means any person who has filed a verified claim under this chapter.\n\t\t&#8220;Code&#8221; 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.\n\t\t&#8220;Defect&#8221; means any deficiency in or damage to materials or workmanship occurring in a manufactured home which has been reasonably maintained and cared for in normal use. The term also means any failure of any structural element, utility system or the inclusion of a component part of the manufactured home which fails to comply with the Code.\n\t\t&#8220;Department&#8221; means the Department of Housing and Community Development.\n\t\t&#8220;Director&#8221; means the Director of the Department of Housing and Community Development, or his designee.\n\t\t&#8220;Fund&#8221; or &#8220;recovery fund&#8221; means the Virginia Manufactured Housing Transaction Recovery Fund.\n\t\t&#8220;Manufactured home&#8221; 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.\n\t\t&#8220;Manufactured home broker&#8221; or &#8220;broker&#8221; 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.\n\t\t&#8220;Manufactured home dealer&#8221; or &#8220;dealer&#8221; 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. Any person who buys, sells, or deals in three or more manufactured homes in any 12-month period shall be presumed to be a manufactured home dealer. The terms &#8220;selling&#8221; and &#8220;sale&#8221; include lease-purchase transactions. The term &#8220;manufactured home dealer&#8221; does not include banks and finance companies that acquire manufactured homes as an incident to their regular business.\n\t\t&#8220;Manufactured home manufacturer&#8221; or &#8220;manufacturer&#8221; means any persons, resident or nonresident, who manufacture or assemble manufactured homes for sale in Virginia.\n\t\t&#8220;Manufactured home salesperson&#8221; or &#8220;salesperson&#8221; 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.\n\t\t&#8220;New manufactured home&#8221; means any manufactured home that (i) has not been previously sold except in good faith for the purpose of resale, (ii) has not been previously occupied as a place of habitation, (iii) has not been previously used for commercial purposes such as offices or storage, and (iv) has not been titled by the Virginia Department of Motor Vehicles and is still in the possession of the original dealer. If the home is later sold to another dealer and then sold to a consumer within two years of the date of manufacture, the home is still considered new and must continue to meet all state warranty requirements. However, if a home is sold from the original dealer to another dealer and it is more than two years after the date of manufacture, and it is then sold to a consumer, the home must be sold as &#8220;used&#8221; for warranty purposes. Notice of the &#8220;used&#8221; status of the manufactured home and how this status affects state warranty requirements must be provided, in writing, to the consumer prior to the closing of the sale.\n\t\t&#8220;Person&#8221; means any individual, natural person, firm, partnership, association, corporation, legal representative, or other recognized legal entity.\n\t\t&#8220;Regulant&#8221; means any person, firm, corporation, association, partnership, joint venture, or any other legal entity required by this chapter to be licensed by the Board.\n\t\t&#8220;Responsible party&#8221; means a manufacturer, dealer, or supplier of manufactured homes.\n\t\t&#8220;Set-up&#8221; means the operations performed at the occupancy site which render a manufactured home fit for habitation. Such operations include, but are not limited to, transportation, positioning, blocking, leveling, supporting, anchoring, connecting utility systems, making minor adjustments, or assembling multiple or expandable units. Such operations do not include lawful transportation services performed by public utilities operating under certificates or permits issued by the State Corporation Commission.\n\t\t&#8220;Substantial identity of interest&#8221; 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.\n\t\t&#8220;Supplier&#8221; means the original producer of completed components, including refrigerators, stoves, water heaters, dishwashers, cabinets, air conditioners, heating units, and similar components, and materials such as floor coverings, panelling, siding, trusses, and similar materials, which are furnished to a manufacturer or a dealer for installation in the manufactured home prior to sale to a buyer.\n\t\t&#8220;Used manufactured home&#8221; means any manufactured home other than a new home as defined in this section.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13322,"edition_id":1,"name":"Licensing of Manufactured Housing Industry","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13321,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":209083,"object_type":"structure","relational_id":13322,"identifier":"1","token":"36\/4.2\/1","url":"\/36\/4.2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13321,"edition_id":1,"name":"Manufactured Housing Licensing and Transaction Recovery Fund Law","identifier":"4.2","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":209081,"object_type":"structure","relational_id":13321,"identifier":"4.2","token":"36\/4.2","url":"\/36\/4.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":86721,"structure_id":13322,"section_number":"36-85.16","catch_line":"Definitions","url":"\/36-85.16\/","token":"36\/4.2\/1\/36-85.16","metadata":false},{"id":54308,"structure_id":13322,"section_number":"36-85.16:1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/36-85.16_1\/","token":"36\/4.2\/1\/36-85.16_1","metadata":false},{"id":69175,"structure_id":13322,"section_number":"36-85.17","catch_line":"Manufactured Housing Board created; membership","url":"\/36-85.17\/","token":"36\/4.2\/1\/36-85.17","metadata":false},{"id":73233,"structure_id":13322,"section_number":"36-85.18","catch_line":"Powers and duties of Manufactured Housing Board","url":"\/36-85.18\/","token":"36\/4.2\/1\/36-85.18","metadata":false},{"id":74304,"structure_id":13322,"section_number":"36-85.19","catch_line":"License required; penalty","url":"\/36-85.19\/","token":"36\/4.2\/1\/36-85.19","metadata":false},{"id":81985,"structure_id":13322,"section_number":"36-85.20","catch_line":"Grounds for denying, suspending or revoking license","url":"\/36-85.20\/","token":"36\/4.2\/1\/36-85.20","metadata":false},{"id":58341,"structure_id":13322,"section_number":"36-85.21","catch_line":"Notice and hearing","url":"\/36-85.21\/","token":"36\/4.2\/1\/36-85.21","metadata":false},{"id":85612,"structure_id":13322,"section_number":"36-85.22","catch_line":"Set-up requirements; effect on insurance policies","url":"\/36-85.22\/","token":"36\/4.2\/1\/36-85.22","metadata":false},{"id":56774,"structure_id":13322,"section_number":"36-85.23","catch_line":"Warranties","url":"\/36-85.23\/","token":"36\/4.2\/1\/36-85.23","metadata":false},{"id":56241,"structure_id":13322,"section_number":"36-85.24","catch_line":"Presenting claims for warranties and defects","url":"\/36-85.24\/","token":"36\/4.2\/1\/36-85.24","metadata":false},{"id":76501,"structure_id":13322,"section_number":"36-85.25","catch_line":"Warranty service","url":"\/36-85.25\/","token":"36\/4.2\/1\/36-85.25","metadata":false},{"id":76337,"structure_id":13322,"section_number":"36-85.26","catch_line":"Dealer alterations","url":"\/36-85.26\/","token":"36\/4.2\/1\/36-85.26","metadata":false},{"id":65875,"structure_id":13322,"section_number":"36-85.27","catch_line":"Determining length of manufactured homes","url":"\/36-85.27\/","token":"36\/4.2\/1\/36-85.27","metadata":false},{"id":66621,"structure_id":13322,"section_number":"36-85.28","catch_line":"Limitation on damages; disclosure to buyer","url":"\/36-85.28\/","token":"36\/4.2\/1\/36-85.28","metadata":false},{"id":83805,"structure_id":13322,"section_number":"36-85.29","catch_line":"Inspection of service records","url":"\/36-85.29\/","token":"36\/4.2\/1\/36-85.29","metadata":false},{"id":66008,"structure_id":13322,"section_number":"36-85.30","catch_line":"Other remedies not excluded","url":"\/36-85.30\/","token":"36\/4.2\/1\/36-85.30","metadata":false}],"next_section":{"id":54308,"structure_id":13322,"section_number":"36-85.16:1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/36-85.16_1\/","token":"36\/4.2\/1\/36-85.16_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-85.16\/","history_text":"<p>This law was first created in 1991. The record of its establishment is cataloged in chapter 555 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1992, chapter 223; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0671\">671<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0430\">430<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0350\">350<\/a>.<\/p>","references":[{"id":62104,"section_number":"36-85.31","catch_line":"Recovery fund to be established","order_by":null,"url":"\/36-85.31\/"},{"id":84929,"section_number":"46.2-1500","catch_line":"Definitions","order_by":null,"url":"\/46.2-1500\/"},{"id":76803,"section_number":"46.2-1508","catch_line":"Licenses required; penalty","order_by":null,"url":"\/46.2-1508\/"}],"refers_to":false,"permalink":{"id":209085,"object_type":"law","relational_id":86721,"identifier":"36-85.16","token":"36\/4.2\/1\/36-85.16","url":"\/36-85.16\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-85.16\/","token":"36\/4.2\/1\/36-85.16","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-85.16","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this chapter, unless a different meaning or construction is clearly required by the context:\n\t\t&#8220;<span class=\"dictionary\">Board<\/span>&#8221; means the Virginia Manufactured Housing <span class=\"dictionary\">Board<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Buyer<\/span>&#8221; means the <span class=\"dictionary\">person<\/span> who purchases at retail from a dealer or manufacturer a manufactured home for personal use as a residence or other related use.\n\t\t&#8220;<span class=\"dictionary\">Claimant<\/span>&#8221; means any <span class=\"dictionary\">person<\/span> who has filed a verified claim under this chapter.\n\t\t&#8220;<span class=\"dictionary\">Code<\/span>&#8221; means the appropriate standards of the Virginia Uniform Statewide Building <span class=\"dictionary\">Code<\/span> and the Industrialized Building and Manufactured Home Safety Regulations adopted by the <span class=\"dictionary\">Board<\/span> of Housing and Community Development and administered by the <span class=\"dictionary\">Department<\/span> of Housing and Community Development pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 for manufactured homes.\n\t\t&#8220;<span class=\"dictionary\">Defect<\/span>&#8221; means any deficiency in or damage to <span class=\"dictionary\">materials<\/span> or workmanship occurring in a manufactured home which has been reasonably maintained and cared for in normal use. The term also means any failure of any structural element, utility system or the inclusion of a component part of the manufactured home which fails to comply with the <span class=\"dictionary\">Code<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Department<\/span>&#8221; means the <span class=\"dictionary\">Department<\/span> of Housing and Community Development.\n\t\t&#8220;<span class=\"dictionary\">Director<\/span>&#8221; means the <span class=\"dictionary\">Director<\/span> of the <span class=\"dictionary\">Department<\/span> of Housing and Community Development, or his designee.\n\t\t&#8220;Fund&#8221; or &#8220;<span class=\"dictionary\">recovery fund<\/span>&#8221; means the Virginia Manufactured Housing Transaction <span class=\"dictionary\">Recovery Fund<\/span>.\n\t\t&#8220;Manufactured home&#8221; 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.\n\t\t&#8220;<span class=\"dictionary\">Manufactured home broker<\/span>&#8221; or &#8220;broker&#8221; means any <span class=\"dictionary\">person<\/span>, partnership, association or corporation, resident or nonresident, who, for compensation or valuable consideration, sells or offers for <span class=\"dictionary\">sale<\/span>, buys or offers to buy, negotiates the purchase or <span class=\"dictionary\">sale<\/span> or exchange, or leases or offers to lease <span class=\"dictionary\">used manufactured homes<\/span> that are owned by a party other than the broker.\n\t\t&#8220;<span class=\"dictionary\">Manufactured home dealer<\/span>&#8221; or &#8220;dealer&#8221; means any <span class=\"dictionary\">person<\/span>, resident or nonresident, engaged in the business of buying, <span class=\"dictionary\">selling<\/span> or dealing in manufactured homes or offering or displaying manufactured homes for <span class=\"dictionary\">sale<\/span> in Virginia. Any <span class=\"dictionary\">person<\/span> who buys, sells, or deals in three or more manufactured homes in any 12-month period shall be presumed to be a <span class=\"dictionary\">manufactured home dealer<\/span>. The terms &#8220;<span class=\"dictionary\">selling<\/span>&#8221; and &#8220;<span class=\"dictionary\">sale<\/span>&#8221; include lease-purchase transactions. The term &#8220;<span class=\"dictionary\">manufactured home dealer<\/span>&#8221; does not include banks and finance companies that acquire manufactured homes as an incident to their regular business.\n\t\t&#8220;<span class=\"dictionary\">Manufactured home manufacturer<\/span>&#8221; or &#8220;manufacturer&#8221; means any <span class=\"dictionary\">persons<\/span>, resident or nonresident, who manufacture or assemble manufactured homes for <span class=\"dictionary\">sale<\/span> in Virginia.\n\t\t&#8220;<span class=\"dictionary\">Manufactured home salesperson<\/span>&#8221; or &#8220;salesperson&#8221; means any <span class=\"dictionary\">person<\/span> who for compensation or valuable consideration is employed either directly or indirectly by, or affiliated as an independent contractor with, a <span class=\"dictionary\">manufactured home dealer<\/span>, broker or manufacturer to sell or offer to sell, or to buy or offer to buy, or to negotiate the purchase, <span class=\"dictionary\">sale<\/span> or exchange, or to lease or offer to lease new or <span class=\"dictionary\">used manufactured homes<\/span>.\n\t\t&#8220;<span class=\"dictionary\">New manufactured home<\/span>&#8221; means any manufactured home that (i) has not been previously sold except in good faith for the purpose of resale, (ii) has not been previously occupied as a place of habitation, (iii) has not been previously used for commercial purposes such as offices or storage, and (iv) has not been titled by the Virginia <span class=\"dictionary\">Department<\/span> of Motor Vehicles and is still in the <span class=\"dictionary\">possession<\/span> of the original dealer. If the home is later sold to another dealer and then sold to a consumer within two years of the date of manufacture, the home is still considered new and must continue to meet all state warranty requirements. However, if a home is sold from the original dealer to another dealer and it is more than two years after the date of manufacture, and it is then sold to a consumer, the home must be sold as &#8220;used&#8221; for warranty purposes. Notice of the &#8220;used&#8221; status of the manufactured home and how this status affects state warranty requirements must be provided, in writing, to the consumer prior to the closing of the <span class=\"dictionary\">sale<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Person<\/span>&#8221; means any individual, natural <span class=\"dictionary\">person<\/span>, firm, partnership, association, corporation, legal representative, or other recognized legal entity.\n\t\t&#8220;<span class=\"dictionary\">Regulant<\/span>&#8221; means any <span class=\"dictionary\">person<\/span>, firm, corporation, association, partnership, joint venture, or any other legal entity required by this chapter to be licensed by the <span class=\"dictionary\">Board<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Responsible party<\/span>&#8221; means a manufacturer, dealer, or <span class=\"dictionary\">supplier<\/span> of manufactured homes.\n\t\t&#8220;<span class=\"dictionary\">Set-up<\/span>&#8221; means the operations performed at the occupancy site which render a manufactured home fit for habitation. Such operations include, but are not limited to, transportation, positioning, blocking, leveling, supporting, anchoring, connecting utility systems, making <span class=\"dictionary\">minor<\/span> adjustments, or assembling multiple or expandable units. Such operations do not include lawful transportation services performed by public utilities operating under certificates or permits issued by the State Corporation Commission.\n\t\t&#8220;<span class=\"dictionary\">Substantial identity of interest<\/span>&#8221; means (i) a controlling financial interest by the individual or corporate principals of the <span class=\"dictionary\">manufactured home broker<\/span>, dealer, or manufacturer whose license has been revoked or not renewed or (ii) substantially identical principals or officers as the <span class=\"dictionary\">manufactured home broker<\/span>, dealer, or manufacturer whose license has been revoked or not renewed by the <span class=\"dictionary\">Board<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Supplier<\/span>&#8221; means the original producer of completed components, including refrigerators, stoves, water heaters, dishwashers, cabinets, air conditioners, heating units, and similar components, and <span class=\"dictionary\">materials<\/span> such as floor coverings, panelling, siding, trusses, and similar <span class=\"dictionary\">materials<\/span>, which are furnished to a manufacturer or a dealer for installation in the manufactured home prior to <span class=\"dictionary\">sale<\/span> to a <span class=\"dictionary\">buyer<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Used manufactured home<\/span>&#8221; means any manufactured home other than a new home as defined in this section.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 36-85.16)\n\nAs used in this chapter, unless a different meaning or construction is clearly\nrequired by the context:\n\t\t&#8220;Board&#8221; means the Virginia Manufactured Housing Board.\n\t\t&#8220;Buyer&#8221; means the person who purchases at retail from a dealer or\nmanufacturer a manufactured home for personal use as a residence or other\nrelated use.\n\t\t&#8220;Claimant&#8221; means any person who has filed a verified claim under\nthis chapter.\n\t\t&#8220;Code&#8221; means the appropriate standards of the Virginia Uniform\nStatewide Building Code and the Industrialized Building and Manufactured Home\nSafety Regulations adopted by the Board of Housing and Community Development and\nadministered by the Department of Housing and Community Development pursuant to\nthe National Manufactured Housing Construction and Safety Standards Act of 1974\nfor manufactured homes.\n\t\t&#8220;Defect&#8221; means any deficiency in or damage to materials or\nworkmanship occurring in a manufactured home which has been reasonably\nmaintained and cared for in normal use. The term also means any failure of any\nstructural element, utility system or the inclusion of a component part of the\nmanufactured home which fails to comply with the Code.\n\t\t&#8220;Department&#8221; means the Department of Housing and Community\nDevelopment.\n\t\t&#8220;Director&#8221; means the Director of the Department of Housing and\nCommunity Development, or his designee.\n\t\t&#8220;Fund&#8221; or &#8220;recovery fund&#8221; means the Virginia\nManufactured Housing Transaction Recovery Fund.\n\t\t&#8220;Manufactured home&#8221; means a structure constructed to federal\nstandards, transportable in one or more sections, which, in the traveling mode,\nis 8 feet or more in width and is 40 feet or more in length, or when erected on\nsite, is 320 or more square feet, and which is built on a permanent chassis and\ndesigned to be used as a dwelling with or without a permanent foundation when\nconnected to the required utilities, and includes the plumbing, heating, air\nconditioning, and electrical systems contained therein.\n\t\t&#8220;Manufactured home broker&#8221; or &#8220;broker&#8221; means any\nperson, partnership, association or corporation, resident or nonresident, who,\nfor compensation or valuable consideration, sells or offers for sale, buys or\noffers to buy, negotiates the purchase or sale or exchange, or leases or offers\nto lease used manufactured homes that are owned by a party other than the\nbroker.\n\t\t&#8220;Manufactured home dealer&#8221; or &#8220;dealer&#8221; means any\nperson, resident or nonresident, engaged in the business of buying, selling or\ndealing in manufactured homes or offering or displaying manufactured homes for\nsale in Virginia. Any person who buys, sells, or deals in three or more\nmanufactured homes in any 12-month period shall be presumed to be a manufactured\nhome dealer. The terms &#8220;selling&#8221; and &#8220;sale&#8221; include\nlease-purchase transactions. The term &#8220;manufactured home dealer&#8221;\ndoes not include banks and finance companies that acquire manufactured homes as\nan incident to their regular business.\n\t\t&#8220;Manufactured home manufacturer&#8221; or &#8220;manufacturer&#8221;\nmeans any persons, resident or nonresident, who manufacture or assemble\nmanufactured homes for sale in Virginia.\n\t\t&#8220;Manufactured home salesperson&#8221; or &#8220;salesperson&#8221; means\nany person who for compensation or valuable consideration is employed either\ndirectly or indirectly by, or affiliated as an independent contractor with, a\nmanufactured home dealer, broker or manufacturer to sell or offer to sell, or to\nbuy or offer to buy, or to negotiate the purchase, sale or exchange, or to lease\nor offer to lease new or used manufactured homes.\n\t\t&#8220;New manufactured home&#8221; means any manufactured home that (i) has\nnot been previously sold except in good faith for the purpose of resale, (ii)\nhas not been previously occupied as a place of habitation, (iii) has not been\npreviously used for commercial purposes such as offices or storage, and (iv) has\nnot been titled by the Virginia Department of Motor Vehicles and is still in the\npossession of the original dealer. If the home is later sold to another dealer\nand then sold to a consumer within two years of the date of manufacture, the\nhome is still considered new and must continue to meet all state warranty\nrequirements. However, if a home is sold from the original dealer to another\ndealer and it is more than two years after the date of manufacture, and it is\nthen sold to a consumer, the home must be sold as &#8220;used&#8221; for\nwarranty purposes. Notice of the &#8220;used&#8221; status of the manufactured\nhome and how this status affects state warranty requirements must be provided,\nin writing, to the consumer prior to the closing of the sale.\n\t\t&#8220;Person&#8221; means any individual, natural person, firm, partnership,\nassociation, corporation, legal representative, or other recognized legal\nentity.\n\t\t&#8220;Regulant&#8221; means any person, firm, corporation, association,\npartnership, joint venture, or any other legal entity required by this chapter\nto be licensed by the Board.\n\t\t&#8220;Responsible party&#8221; means a manufacturer, dealer, or supplier of\nmanufactured homes.\n\t\t&#8220;Set-up&#8221; means the operations performed at the occupancy site\nwhich render a manufactured home fit for habitation. Such operations include,\nbut are not limited to, transportation, positioning, blocking, leveling,\nsupporting, anchoring, connecting utility systems, making minor adjustments, or\nassembling multiple or expandable units. Such operations do not include lawful\ntransportation services performed by public utilities operating under\ncertificates or permits issued by the State Corporation Commission.\n\t\t&#8220;Substantial identity of interest&#8221; means (i) a controlling\nfinancial interest by the individual or corporate principals of the manufactured\nhome broker, dealer, or manufacturer whose license has been revoked or not\nrenewed or (ii) substantially identical principals or officers as the\nmanufactured home broker, dealer, or manufacturer whose license has been revoked\nor not renewed by the Board.\n\t\t&#8220;Supplier&#8221; means the original producer of completed components,\nincluding refrigerators, stoves, water heaters, dishwashers, cabinets, air\nconditioners, heating units, and similar components, and materials such as floor\ncoverings, panelling, siding, trusses, and similar materials, which are\nfurnished to a manufacturer or a dealer for installation in the manufactured\nhome prior to sale to a buyer.\n\t\t&#8220;Used manufactured home&#8221; means any manufactured home other than a\nnew home as defined in this section.\n\nHISTORY: 1991, c. 555; 1992, c. 223; 1994, c. 671; 2005, c. 430; 2008, c. 350.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}