{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-85.28.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-85.28.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-85.28.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-85.28.html"}],"law_id":66621,"edition_id":1,"section_id":66621,"structure_id":13322,"section_number":"36-85.28","catch_line":"Limitation on damages; disclosure to buyer","history":"1991, c. 555; 1992, c. 223; 2009, cc. 141, 579; 2010, c. 167.","full_text":"A\n\nIf a buyer fails to accept delivery of a manufactured home, the manufactured home dealer may retain actual damages according to the following terms:1\n\nIf the manufactured home is a single section unit and is in the dealer’s stock and is not specially ordered from the manufacturer for the buyer, the maximum retention shall be $1,000.2\n\nIf the manufactured home is a single section unit and is specially ordered from the manufacturer for the buyer, the maximum retention shall be $2,000.3\n\nIf the manufactured home is larger than a single section unit in the dealer’s stock and is not specially ordered for the buyer, the maximum retention shall be $4,000.4\n\nIf the manufactured home is larger than a single section unit and is specially ordered for the buyer from the manufacturer, the maximum retention shall be $7,000.B\n\nA dealer shall provide a written disclosure to the buyer at the time of the sale of a manufactured home alerting the buyer to the actual damages that may be assessed of the buyer, as listed in subsection A, for failure to take delivery of the manufactured home as purchased.","order_by":null,"text":{"0":{"id":241716,"text":"If a buyer fails to accept delivery of a manufactured home, the manufactured home dealer may retain actual damages according to the following terms:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":241717,"text":"If the manufactured home is a single section unit and is in the dealer’s stock and is not specially ordered from the manufacturer for the buyer, the maximum retention shall be $1,000.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":241718,"text":"If the manufactured home is a single section unit and is specially ordered from the manufacturer for the buyer, the maximum retention shall be $2,000.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":241719,"text":"If the manufactured home is larger than a single section unit in the dealer’s stock and is not specially ordered for the buyer, the maximum retention shall be $4,000.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":241720,"text":"If the manufactured home is larger than a single section unit and is specially ordered for the buyer from the manufacturer, the maximum retention shall be $7,000.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":241721,"text":"A dealer shall provide a written disclosure to the buyer at the time of the sale of a manufactured home alerting the buyer to the actual damages that may be assessed of the buyer, as listed in subsection A, for failure to take delivery of the manufactured home as purchased.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-85.28\/","history_text":"

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 3 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 2009, chapters 141<\/a> and 579<\/a>; in 2010, chapter 167<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":209137,"object_type":"law","relational_id":66621,"identifier":"36-85.28","token":"36\/4.2\/1\/36-85.28","url":"\/36-85.28\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-85.28\/","token":"36\/4.2\/1\/36-85.28","dublin_core":{"Title":"Limitation on damages; disclosure to buyer","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-85.28","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a buyer<\/span> fails to accept delivery of a manufactured home, the manufactured home dealer<\/span> may retain actual damages<\/span> according to the following terms: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> If the manufactured home is a single section unit and is in the dealer’s stock and is not specially ordered from the manufacturer<\/span> for the buyer<\/span>, the maximum retention shall be $1,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the manufactured home is a single section unit and is specially ordered from the manufacturer<\/span> for the buyer<\/span>, the maximum retention shall be $2,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the manufactured home is larger than a single section unit in the dealer’s stock and is not specially ordered for the buyer<\/span>, the maximum retention shall be $4,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the manufactured home is larger than a single section unit and is specially ordered for the buyer<\/span> from the manufacturer<\/span>, the maximum retention shall be $7,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A dealer shall provide a written disclosure to the buyer<\/span> at the time of the sale<\/span> of a manufactured home alerting the buyer<\/span> to the actual damages<\/span> that may be assessed of the buyer<\/span>, as listed in subsection A, for failure to take delivery of the manufactured home as purchased. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION ON DAMAGES; DISCLOSURE TO BUYER (\u00a7 36-85.28)\n\nA. If a buyer fails to accept delivery of a manufactured home, the manufactured\nhome dealer may retain actual damages according to the following terms:\n\n 1. If the manufactured home is a single section unit and is in the\n dealer’s stock and is not specially ordered from the manufacturer for\n the buyer, the maximum retention shall be $1,000.\n\n 2. If the manufactured home is a single section unit and is specially ordered\n from the manufacturer for the buyer, the maximum retention shall be $2,000.\n\n 3. If the manufactured home is larger than a single section unit in the\n dealer’s stock and is not specially ordered for the buyer, the maximum\n retention shall be $4,000.\n\n 4. If the manufactured home is larger than a single section unit and is\n specially ordered for the buyer from the manufacturer, the maximum retention\n shall be $7,000.\n\nB. A dealer shall provide a written disclosure to the buyer at the time of the\nsale of a manufactured home alerting the buyer to the actual damages that may be\nassessed of the buyer, as listed in subsection A, for failure to take delivery\nof the manufactured home as purchased.\n\nHISTORY: 1991, c. 555; 1992, c. 223; 2009, cc. 141, 579; 2010, c. 167.","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}}