41-4028. Exemptions

A. Any person who is engaged in installing manufactured homes, mobile homes or accessory structures and who is licensed in an appropriate category by the registrar of contractors pursuant to title 32, chapter 10, article 2 is exempt only from the licensing requirements of this article.

B. The requirements of this chapter applicable to dealers do not apply to persons performing the following transactions:

1. A person who is licensed pursuant to title 32, chapter 20 and who is engaged in activities proscribed by this chapter with respect to any of the following:

(a) New or used manufactured homes, mobile homes or factory-built buildings if the manufactured home, mobile home or factory-built building is listed in a contract for transfer of an interest in real property executed by its owner and is installed on the real property. 

(b) New or used manufactured homes and mobile homes that are located in mobile home parks as defined in section 33-1409 if the person who is licensed pursuant to title 32, chapter 20 is acting as an agent for a licensed manufactured housing dealer and the dealer is responsible for filing all of the required paperwork and submitting the required fees on the sale of the home pursuant to this chapter.

(c) Used manufactured homes and mobile homes that are located in mobile home parks as defined in section 33-1409 if the person who is licensed pursuant to title 32, chapter 20 is acting on behalf of a private party and the real estate broker or real estate salesman remains subject to the real estate licensure requirements prescribed in title 32, chapter 20.

(d) New manufactured homes if the person who is licensed pursuant to title 32, chapter 20 is acting as an agent for a licensed manufactured housing dealer and the dealer is responsible for filing all of the required paperwork and submitting the required fees on the sale of the home pursuant to this chapter.

2. Receivers, trustees, administrators, executors, guardians or other persons who are appointed by or acting under the judgment of any court.

3. Public officers while performing their official duties.

4. Banks and other financial institutions, and their subsidiaries, and other corporations qualified to do business in this state, if they are proceeding as repossessors or liquidators, but only to the extent that they finance the sales transaction by which the repossessed property is liquidated or are a holder in due course with respect to the transaction.

5. A purchaser who sells not more than two factory-built buildings, manufactured homes or mobile homes in any twelve-month period.

C. For the purposes of this section, a manufactured home, mobile home or factory-built building is used if it has been occupied for at least thirty consecutive days for its intended use or function by a bona fide homeowner, renter or other end user.