HLS 12RS-1233 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 798
BY REPRESENTATIVE PONTI
HOUSING/MANUFACTURED: Provides relative to warranties for manufactured housing
AN ACT1
To amend and reenact R.S. 51:911.25, relative to manufactured housing; to provide that the2
New Home Warranty Act applies to new manufactured and modular homes; to3
provide for a warranty for used manufactured and modular homes; and to provide for4
related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 51:911.25 is hereby amended and reenacted to read as follows: 7
ยง911.25. Warranty8
A. Each new manufactured home or new modular home, sold as such for use9
in Louisiana, shall be built to the respective federal or state code and shall be covered10
by warranties that shall protect only the first retail purchaser of the manufactured11
home, for a period of one year from the date of the purchase, in accordance with the12
terms of the warranty: the New Home Warranty Act, R.S. 9:3141 et seq. For the13
purposes of the New Home Warranty Act, the manufacturer, the retailer, and the14
installer shall be considered the builders of the home.15
(1) The manufacturer shall warrant, in writing, that the manufactured home16
was in compliance with the Code and the requirements of this Part at the time of17
manufacture. Further, the manufacturer shall warrant that the manufactured home18
was manufactured free from any defects in materials or workmanship as outlined in19
the Code.20 HLS 12RS-1233 ORIGINAL
HB NO. 798
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are additions.
(2) The installer shall warrant that the manufactured home was installed1
according to the Minimum Standards for Installation of Manufactured Homes (R.S.2
51:912.21 et seq.).3
(3) The manufacturer, retailer, or installer shall not be liable for any defect4
in the manufactured home which is the result of improper setup, moving, or defects5
in work or materials done or furnished by persons other than the manufacturer,6
retailer, or installer.7
B. Manufactured homes or modular homes sold as used manufactured homes8
shall not be covered by a warranty unless provided for in writing outlining the terms9
and conditions of the warranty.10
C. The warranty required by this Part shall be in addition to and not in11
derogation of any other warranties, rights, and privileges which the buyer may have12
under any other law or instrument. The buyer may not waive his rights under this13
Part and any such waiver is hereby prohibited as contrary to public policy and shall14
be unenforceable and void.15
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Ponti HB No. 798
Abstract: Makes the New Home Warranty Act applicable to new manufactured homes or
modular homes.
Present law provides that each new manufactured home sold as such shall be covered by
warranties that shall protect only the first retail purchaser of the manufactured home, for a
period of one year from the date of the purchase, in accordance with the following terms of
the warranty:
(1)The manufacturer shall warrant, in writing, that the manufactured home was in
compliance with the National Manufactured Home Construction and Safety
Standards Act of 1974, 42 U.S.C. 5401 et seq., and the requirements of present law
at the time of manufacture. Further, the manufacturer shall warrant that the
manufactured home was manufactured free from any defects in materials or
workmanship as outlined in the federal standards act.
(2)The installer shall warrant that the manufactured home was installed according to the
Minimum Standards for Installation of Manufactured Homes (R.S. 51:912.21 et
seq.). HLS 12RS-1233 ORIGINAL
HB NO. 798
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(3)The manufacturer, retailer, or installer shall not be liable for any defect in the
manufactured home which is the result of improper setup, moving, or defects in work
or materials done or furnished by persons other than the manufacturer, retailer, or
installer.
Proposed law provides that each new manufactured home or new modular home, sold for
use in La., shall be built to the respective federal or state code and shall be covered by the
New Home Warranty Act, R.S. 9:3141 et seq.
Proposed law provides that, for the purposes of the New Home Warranty Act, the
manufacturer, the retailer, and the installer shall be considered the builders of the home.
Present law provides that manufactured homes sold as used manufactured homes shall not
be covered by a warranty unless provided for in writing outlining the terms and conditions
of the warranty.
Proposed law retains present law and adds used modular homes.
Present law provides that the warranty required by present law shall be in addition to and not
in derogation of any other warranties, rights, and privileges which the buyer may have under
any other law or instrument.
Proposed law repeals present law.
Present law prohibits the buyer from waiving his rights under present law and provides that
any such waiver is contrary to public policy and shall be unenforceable and void.
Proposed law repeals present law.
(Amends R.S. 51:911.25)