24 C.F.R. § 3282.413 Replacement or repurchase of manufactured home from purchaser.
Title 24 - Housing and Urban Development
(a) Whenever an imminent safety hazard or serious defect which must be corrected by the manufacturer at his expense under §3282.407 cannot be repaired within 60 days in accordance with section 615(i) of the Act, the Secretary may require: (1) That the manufactured home be replaced by the manufacturer with a manufactured home substantially equal in size, equipment, and quality, and either new or in the same condition the defective manufactured home would have been in at the time of discovery of the imminent safety hazard or serious defect had the imminent safety hazard or serious defect not existed; or (2) That the manufacturer take possession of the manufactured home and refund the purchase price in full, less a reasonable allowance for depreciation based on actual use if the home has been in the possession of the owner for more than one year. Such depreciation shall be based upon an appraisal system approved by the Secretary, and shall not take into account damage or deterioration resulting from the imminent safety hazard or serious defect. (b) In determining whether to order replacement or refund by the manufacturer, the Secretary shall consider: (1) The threat of injury or death to manufactured home occupants; (2) Any costs and inconvenience to manufactured home owners which will result from the lack of adequate repair within the specified period; (3) The expense to the manufacturer; (4) Any obligations imposed on the manufacturer under contract or other applicable law of which the Secretary has knowledge; and (5) Any other relevant factors which may be brought to the attention of the Secretary. (c) In those situations where, under contract or other applicable law, the owner has the right of election between replacement and refund, the manufacturer shall inform the owner of such right of election and shall inform the Secretary of the election, if any, by the owner. (d) This section applies where an attempted correction of an imminent safety hazard or serious defect relieves the safety problem but does not bring the home in conformity to the standards. (e) Where replacement or refund by the manufacturer is ordered under this section, it shall be carried out within 30 days of the Secretary's order to replace the manufactured home or refund the purchase price unless the Secretary, for good cause shown, grants an extension of time for implementation of such order and publishes notice of extension in the
Title 24: Housing and Urban Development
PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
Subpart I—Consumer Complaint Handling and Remedial Actions
§ 3282.413 Replacement or repurchase of manufactured home from purchaser.
