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House Engrossed |
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State of Arizona House of Representatives Fifty-third Legislature First Regular Session 2017
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CHAPTER 25
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HOUSE BILL 2072 |
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AN ACT
amending section 41‑4028, Arizona Revised Statutes; relating to manufactured housing.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-4028, Arizona Revised Statutes, is amended to read:
41-4028. Exemptions
A. Any person engaged in installing manufactured homes, mobile homes or accessory structures and 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 and brokers do not apply to persons performing the following transactions:
1. Real estate brokers and real estate salesmen licensed under section 32‑2122 who engage in activities proscribed by this chapter with respect to any of the following:
(a) Used manufactured homes, mobile homes, factory‑built buildings or subassemblies if the manufactured home, mobile home, factory‑built building or subassembly 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 licensed real estate broker or real estate salesman 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 licensed real estate broker or real estate salesman 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.
2. Receivers, trustees, administrators, executors, guardians or other persons 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 no not more than two factory‑built buildings, subassemblies, manufactured homes or mobile homes in any twelve month twelve-month period.
C. For the purposes of this section, a manufactured home, mobile home, factory‑built building or subassembly 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.
APPROVED BY THE GOVERNOR MARCH 21, 2017.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 21, 2017.