§ 38-29-114 — New manufactured homes - bill of sale - certificate of title

(1)
Upon the sale or transfer by a dealer of a new manufactured home, such dealer
shall, upon the delivery thereof, make, execute, and deliver to the purchaser or
transferee a good and sufficient bill of sale therefor, together with the
manufacturer's certificate or statement of origin or the filing of a mortgage by the
holder of such mortgage pursuant to section 38-29-128. Said bill of sale shall be
affirmed by a statement signed by such dealer and shall contain or be accompanied
by a written declaration that it is made under the penalties of perjury in the second
degree, as defined in section 18-8-503, C.R.S., and the manufacturer's certificate or
statement of origin shall be notarized. Both the bill of sale and the manufacturer's
certificate or statement of origin shall be in such form as the director may
prescribe, and shall contain, in addition to other information which he may by rule
from time to time require, the manufacturer and model of the manufactured home
so sold or transferred, the identification number placed upon the home by the
manufacturer for identification purposes, the manufacturer's suggested retail price
or the retail delivered price, and the date of the sale or transfer thereof, together
with a description of any mortgage thereon given to secure the purchase price or
any part thereof. Upon presentation of such a bill of sale to the director or one of his
authorized agents, a new certificate of title for the home therein described shall be
issued and disposition thereof made as in other cases. The transfer of a
manufactured home which has been used by a dealer for the purpose of
demonstration to prospective customers shall be made in accordance with the
provisions of this section.

(2) Any purchaser of a new manufactured home that is transported to a site
and permanently affixed to the ground so that it is no longer capable of being
drawn over the public highways shall not be required to procure a certificate of title
thereto as is otherwise required by this article. The purchaser shall file a certificate
of permanent location along with the manufacturer's certificate or statement of
origin or its equivalent with the clerk and recorder for the county or city and county
in which the new manufactured home is permanently affixed to the ground. The
manufactured home shall become real property upon the filing and recording of
such documents in accordance with section 38-29-202. The provisions of articles
30 to 44 of this title and of any other law of this state shall be applicable to
manufactured homes that have become real property pursuant to this subsection
(2) and to instruments creating, disposing of, or otherwise affecting such real
property wherever such provisions would be applicable to estates, rights, and
interests in land or to instruments creating, disposing of, or otherwise affecting
estates, rights, and interests in land.

Legislative History

Source: L. 83: Entire article added, p. 1452, � 1, effective June 15. L. 89: Entire section amended, p. 730, � 38, effective July 1; (1) amended, p. 1571, � 4, effective January 1, 1990. L. 2008: (2) amended, p. 443, � 5, effective July 1.