Frequently Asked Questions: Consumer Protection

  1. Who can file a complaint?
  2. What types of complaints are outside of the Department’s jurisdiction?
  3. When a complaint is about a licensee, what can the department do?
  4. When a complaint is about someone who isn’t licensed, what can the department do?
  5. Will the person I complain about know it is me making the complaint?
  6. How do I file a complaint?
  7. Are there any time requirements on filing complaints?
  8. Should I do anything else to protect myself besides filing a complaint?
  9. My complaint is not really about my manufactured home. It relates to some other aspect of my transaction (like the loan, my lease, my lot, etc.). Can you help?
  10. I have a problem with a manufactured home I already bought. What do I do?
  11. What will you do with my complaint?
  12. How long does the complaint process take?
  13. Is my home a "HUD-code manufactured home" or a "mobile home"?
  1. Who can file a complaint?
    Anybody can file a complaint, but we can only take action on complaints that are subject to our jurisdiction. Under Title 10, Section 80.73 of the Texas Administrative Code a complaint may be initiated by a consumer or the Texas Department of Housing and Community Affairs, Manufactured Housing Division (Department). The Department may initiate action for any complaint that it finds to be in violation of Chapter 1201 of the Texas Occupations Code; Title 10, Chapter 80 of the Texas Administrative Code and/or a Final Order issued by the Department. (Top)
  2. What types of complaints are outside of the Department’s jurisdiction?
    Some examples of complaints that the Department does not have the authority or jurisdiction to take action on are complaints regarding modular homes, park models, manufactured homes that have been properly converted to real property, or cosmetic defects found in your manufactured home.
  3. When a complaint is about a licensee, what can the department do?
    If the complaint is for a failure to provide the consumer with a proper warranty service the Department will perform a consumer complaint home inspection. Within 10 days of the inspection the Department will issue a report which determines whether the complaint is covered by the warranty pursuant to section 1201.356 of the Texas Occupations Code. If the licensee fails to perform the warranty service in the time specified by the Department, the Department may suspend or revoke their license, assess an administrative penalty or pursue a combination of these penalties.

    Licensees must also maintain bonds, and if they fail to do what the law requires, we operate a consumer recovery fund that may be able to reimburse the consumer who sustains actual damages if the consumer’s unsatisfied claim was the result of a violation. The Department will then pursue reimbursement from the licensee’s bond or security filed.

    If the complaint is for a violation of the Chapter 1201 of the Texas Occupations Code; Title 10, Chapter 80 of the Texas Administrative Code and/or a Final Order issued by the Department, the Department may seek an administrative penalty that may not exceed $10,000.00 per violation and/or a cease and desist order if appropriate. If the violation falls under section 1201.551 of the Texas Occupations Code the director may also deny, permanently revoke, or suspend the licensee’s license. (Top)
  4. When a complaint is about someone who isn’t licensed, what can the department do?
    Pursuant to section 1201.609 of the Texas Occupations Code if an individual does not obtain a license, but performs an act which requires a license under Chapter 1201 of the Occupations Code it is considered a Class B misdemeanor for the first offence and a Class A misdemeanor for the second offence and the individual may be referred to the District Attorney or County Attorney for prosecution. The Department may also issue a cease and desist order or refer the matter to the Attorney General to obtain injunctive relief (shut them down). If a person is not licensed, there will be no bond to enable us to take care of any damages the consumer may incur. (Top)
  5. Will the person I complain about know it is me making the complaint?
    You should assume that they will. There is a presumption that state records are open to the public. If you have a situation where it is important to maintain confidentiality, please call us to discuss it before sending in a complaint. (Top)
  6. How do I file a complaint?
    We have a Consumer Complaint Form that asks for the basic information we need to start a complaint investigation. Visit the Forms section of the Consumer Protection page. If you cannot complete the form, you can call us and we will take the information over the phone at 1-800-500-7074. (Top)
  7. Are there any time requirements on filing complaints?
    Yes, there are. Pursuant to section 1201.455 of the Texas Occupations Code, for a used manufactured home, the consumer must receive a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. The consumer must notify the seller in writing not later than the 65th day after the later of the installation date or the date of the sale, exchange, or lease-purchase agreement.

    The retailer's warranty on a new HUD-code manufactured home is in effect until the first anniversary of the later of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of the home under section 1201.352 of the Texas Occupations Code. The manufacturer's warranty for a new manufactured home is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite under section 1201.351.

    Under section 1201.361 of the Texas Occupations Code an installer’s warranty applies to any defect that the consumer provides written notice of, in less than two years after the later of the date of purchase or the date of installation.

    Pursuant to section 1201.406 of the Texas Occupations Code, in order to recover from the manufactured homeowners’ recovery trust fund, a consumer must file a written, sworn complaint in the form required by the director not later than the second anniversary of: (1) the date of the alleged act or omission causing the actual damages; or (2) the date the act or omission is discovered or should reasonably have been discovered.

    If you have questions about whether or not you are too late, call us or go ahead and file a complaint. If we cannot process your complaint because it was filed too late, we will let you know. (Top)
  8. Should I do anything else to protect myself besides filing a complaint?
    The Department may pursue action for complaints that it has proper jurisdiction over; however, there is nothing that precludes you from consulting an attorney or taking other action to protect yourself while your complaint is being handled. Remember, even if we have jurisdiction and find that a licensee did not do what the law required, there are limits to the remedies we can obtain. (Top)
  9. My complaint is not really about my manufactured home. It relates to some other aspect of my transaction (like the loan, my lease, my lot, etc.). Can you help?
    Buying a home is a complex transaction, and it often involves other parties besides the retailer, such as lenders, contractors, landlords, and so on. Some of these are regulated by agencies other than this one, and some are not. Here are the most common types of issues we refer to other agencies:
    • Issues with mortgage bankers/mortgage brokers – Are referred to the Texas Savings and Loan Department (http://www.tsld.state.tx.us).
    • Issues with manufactured home lenders – Are referred to the Office of the Consumer Credit Commissioner (http://www.occc.state.tx.us).
    • Issues with real estate brokers – Are referred to the Texas Real Estate Commission (http://www.trec.state.tx.us).
    • Issues with title insurance companies and escrow officers – Are referred to the Texas Department of Insurance (http://www.tdi.state.tx.us).
    • Issues that do not involve another regulatory agency that has assigned responsibility are referred to the Consumer Protection Division of the Office of the Attorney General (http://www.oag.state.tx.us). (Top)
  10. I have a problem with a manufactured home I already bought. What do I do?
    That depends on what the problem is and when it occurred. The law and your warranty documents will set out what your rights are. Pursuant to section 1201.455 of the Texas Occupations Code, for a used manufactured home, the consumer must receive a written warranty that the home is and will remain habitable until the 60th day after the later of the installation date or the date of the purchase agreement. The consumer must notify the seller in writing not later than the 65th day after the later of the installation date or the date of the sale, exchange, or lease-purchase agreement.

    The retailer's warranty on a new HUD-code manufactured home is in effect until the first anniversary of the later of the date of initial installation of the home at the consumer's homesite or the closing of the consumer's purchase or acquisition of the home under section 1201.352 of the Texas Occupations Code. The manufacturer's warranty for a new manufactured home is in effect until at least the first anniversary of the date of initial installation of the home at the consumer's homesite under section 1201.351 of the Texas Occupations Code.

    Under section 1201.361 of the Texas Occupations Code an installer’s warranty applies to any defect that the consumer provides written notice of in less than two years after the later of the date of purchase or the date of installation.

    Pursuant to section 1201.406 of the Texas Occupations Code in order to recover from the manufactured homeowners’ recovery trust fund, a consumer must file a written, sworn complaint in the form required by the director not later than the second anniversary of: (1) the date of the alleged act or omission causing the actual damages; or (2) the date the act or omission is discovered or should reasonably have been discovered. If your problems go beyond what we regulate and oversee, you may wish to also contact an attorney. (Top)
  11. What will you do with my complaint?
    If the complaint is for a failure to provide the consumer with a proper warranty service the Department will perform a consumer complaint home inspection. Within 10 days of the inspection the Department will issue a report which determines whether the complaint is covered by the warranty pursuant to section 1201.356 of the Texas Occupations Code. If the licensee fails to perform the warranty service assigned in the report in the time specified by the Department, the Department may suspend or revoke their license, assess an administrative penalty or pursue a combination of these penalties.

    If the complaint does not relate to the home but relates to some other aspect of your dealings with a licensee we will go as far as we can with the documentation that you provide and, as needed, investigate and obtain additional documentation. If the complaint is for a violation of the Chapter 1201 of the Texas Occupations Code; Title 10, Chapter 80 of the Texas Administrative Code and/or a Final Order issued by the Department, the Department may seek an administrative penalty that may not exceed $10,000.00 per violation and/or a cease and desist order if appropriate. If the violation falls under section 1201.551 of the Texas Occupations Code the director may also deny, permanently revoke, or suspend the licensee’s license. (Top)
  12. How long does the complaint process take?
    That depends on a number of factors, such as the nature of the complaint, whether or not any of the items are disputed, accessibility to the home for any inspection or corrective action needed, the types of repairs or corrections that may be required, parts that may need to be ordered, etc. (Top)
  13. Is my home a "HUD-code manufactured home" or a "mobile home"?
    To make this determination, you will need to answer a few questions (this link opens a new window). (Top)