View all text of Chapter 70 [§ 5401 - § 5426]
§ 5414. Notification and correction of defects by manufacturer
(a) Notice to purchaser within reasonable time after discovery of defect
(b) Notification by mail
The notification required by subsection (a) shall be accomplished—
(1) by mail to the first purchaser (not including any retailer or distributor of such manufacturer) of the manufactured home containing the defect, and to any subsequent purchaser to whom any warranty on such manufactured home has been transferred;
(2) by mail to any other person who is a registered owner of such manufactured home and whose name and address has been ascertained pursuant to procedures established under subsection (f); and
(3) by mail or other more expeditious means to the retailer or retailers of such manufacturer to whom such manufactured home was delivered.
(c) Form and requisites of notification
(d) Copy to Secretary of all notices, bulletins, and communications sent by manufacturer to retailers and purchasers concerning defects; disclosure to public by Secretary
(e) Notice by Secretary to manufacturers of noncompliance with standards or defective nature of manufactured home; contents of notice; presentation by manufacturer of views; notice to purchasers of defects
If the Secretary determines that any manufactured home—
(1) does not comply with an applicable Federal manufactured home construction and safety standard prescribed pursuant to section 5403 of this title; or
(2) contains a defect which constitutes an imminent safety hazard,
then he shall immediately notify the manufacturer of such manufactured home of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the findings are based. The Secretary shall afford such manufacturer an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance. If after such presentation by the manufacturer the Secretary determines that such manufactured home does not comply with applicable Federal manufactured home construction or safety standards, or contains a defect which constitutes an imminent safety hazard, the Secretary shall direct the manufacturer to furnish the notification specified in subsections (a) and (b) of this section.
(f) Maintenance by manufacturers of record of names and addresses of first purchasers of manufactured homes; procedures for ascertaining names and addresses of subsequent purchasers; establishment and reasonableness of procedures for maintaining records
(g) Correction of defects by manufacturer; conditions; procedures; contract or legal rights of purchasers or other persons unaffected
A manufacturer required to furnish notification of a defect under subsection (a) or (e) shall also bring the manufactured home into compliance with applicable standards and correct the defect or have the defect corrected within a reasonable period of time at no expense to the owner, but only if—
(1) the defect presents an unreasonable risk of injury or death to occupants of the affected manufactured home or homes;
(2) the defect can be related to an error in design or assembly of the manufactured home by the manufacturer.
The Secretary may direct the manufacturer to make such corrections after providing an opportunity for oral and written presentation of views by interested persons. Nothing in this section shall limit the rights of the purchaser or any other person under any contract or applicable law.
(h) Submission to Secretary by manufacturer of plan for notifying owners of defects and repair of defects; approval of manufacturer’s remedy plan; effectuation and implementation of remedy plan
(i) Defective or inadequately repaired manufactured homes; replacement with new or equivalent home or refund of purchase price
(Pub. L. 93–383, title VI, § 615, Aug. 22, 1974, 88 Stat. 709; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 97–35, title III, § 339B(c), Aug. 13, 1981, 95 Stat. 417; Pub. L. 106–569, title VI, § 603(b)(3), Dec. 27, 2000, 114 Stat. 2999.)