[Title 24 CFR 3282.413]
[Code of Federal Regulations (annual edition) - May 1, 2001 Edition]
[Title 24 - HOUSING AND URBAN DEVELOPMENT]
[Chapter Xx - OFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSING]
[Part 3282 - MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS]
[Subpart I - Consumer Complaint Handling and Remedial Actions]
[Sec. 3282.413 - Replacement or repurchase of manufactured home from purchaser.]
[From the U.S. Government Printing Office]


24HOUSING AND URBAN DEVELOPMENT52001-05-012001-05-01falseReplacement or repurchase of manufactured home from purchaser.3282.413Sec. 3282.413HOUSING AND URBAN DEVELOPMENTOFFICE OF ASSISTANT SECRETARY FOR HOUSING--FEDERAL HOUSINGMANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONSConsumer Complaint Handling and Remedial Actions
Sec. 3282.413  Replacement or repurchase of manufactured home from purchaser.

    (a) Whenever an imminent safety hazard or serious defect which must 
be corrected by the manufacturer at his expense under Sec. 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,

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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 Federal Register.