                                 CODE OF VIRGINIA

WARRANTY SERVICE (§ 36-85.25)

When a service agreement exists between or among a manufacturer, dealer, and
supplier to provide warranty service, the agreement shall specify which such
responsible party is to remedy warranty defects. Every such service agreement
shall be in writing. Nothing contained in such an agreement shall relieve the
responsible party, as provided in this chapter, of responsibility to perform
warranty service. However, any responsible party undertaking such an agreement
to perform the warranty service obligations of another shall thereby become
responsible both to that other responsible party and to the buyer for his
failure to adequately perform as agreed.
		When no service agreement exists for warranty service, the responsible party
as designated by the provisions of this chapter is responsible for remedying the
warranty defects.
		A defect shall be remedied within forty-five days of receipt of the written
notification of the warranty claim, unless the claim is unreasonable or a bona
fide reason exists for not remedying the defect within the forty-five-day
period. The responsible party shall respond to the claimant in writing with a
copy to the Board stating what further action is contemplated by the responsible
party. Notwithstanding the foregoing provisions of this section, defects which
constitute an imminent safety hazard to life and health shall be remedied within
three days of receipt of the written notification of the warranty claim. An
imminent safety hazard to life and health shall include but not be limited to
(i) inadequate heating in freezing weather; (ii) failure of sanitary facilities;
(iii) electrical shock or leaking gas; or (iv) major structural failure. The
Board may suspend this three-day time period in the event of widespread defects
or damage resulting from adverse weather conditions or other natural
catastrophes.
		When the person remedying the defect is not the responsible party as
designated by the provisions of this chapter, he shall be entitled to reasonable
compensation paid to him by the responsible party. Conduct which coerces or
requires a nonresponsible party to perform warranty service is a violation of
this chapter.
		Warranty service shall be performed at the site at which the manufactured home
is initially delivered to the buyer, except for components which can be removed
for service without undue inconvenience to the buyer.
		Any responsible party shall have the right to complain to the Board when
warranty service obligations under this chapter are not being enforced.

HISTORY: 1991, c. 555; 1992, c. 223.