§ 35-18-110 — 35-18-103. Written warranty; contents

(a) A written warranty is required for every new mobile
home sold or leased by a mobile home manufacturer, dealer or
salesperson in this state, and for every new mobile home sold by
any person who induces a resident of this state to enter into
the transaction by personal solicitation in this state or by
mail or telephone solicitation directed to the particular
customer in this state. The mobile home warranty from the
manufacturer or dealer to the buyer shall be set forth in a
separate written document entitled "mobile home warranty", shall
be delivered to the buyer by the dealer or manufacturer before
the time the contract of sale is signed, and shall contain, but
is not limited to, the following terms:
(i) The mobile home meets federal mobile home
construction and safety standards and those standards prescribed
by law or administrative rule, if any, of the mobile homes
council, which are in effect at the time of its manufacture;
(ii) The mobile home is free from defects if it
receives reasonable care and maintenance;
(iii) The mobile home manufacturer or dealer shall
take corrective action for defects for which the mobile home
owner has given notice to the manufacturer or dealer not later
than one (1) year after the delivery date. The mobile home
manufacturer or dealer shall make the appropriate adjustments
and repairs, within sixty (60) days after notification of the
defect, at the site of the mobile home without charge to the
mobile home owner, provided, however, that neither manufacturer
nor dealer shall be liable for any defect in the mobile home
which is the result of improper setup, move, materials furnished
or work done by persons other than manufacturer or dealer unless
the work was performed by persons under contract or connected by
agency with the manufacturer or dealer;
(iv) The mobile home manufacturer or dealer shall
take corrective action for any defect which constitutes an
imminent safety hazard under applicable federal mobile home
construction and safety standards for which the mobile home
owner has given notice to the manufacturer or dealer. The mobile
home manufacturer or dealer shall bring the mobile home into
compliance with applicable standards and correct the defect or
have the defect corrected within a reasonable period of time at
the site of the mobile home without charge to the owner, but
only if:
(A) The defect presents an unreasonable risk of
injury or death to occupants of the affected mobile home; or
(B) The defect is related to an error in design
or assembly of the mobile home by the manufacturer.
(v) If a repair, replacement, substitution or
alteration is made under the warranty and it is discovered,
before or after the expiration of the warranty period, that the
repair, replacement, substitution or alteration has not restored
the mobile home to the condition in which it was warranted
except for reasonable wear and tear, such failure shall be
deemed a violation of the warranty and the mobile home shall be
restored to the condition in which it was warranted to be at the
time of the sale except for reasonable wear and tear, at no cost
to the purchaser or his assignees, notwithstanding that the
additional repair may occur after the expiration of the warranty
period;
(vi) The manufacturer and dealer shall be jointly and
severally liable to the buyer for the fulfillment of the terms
of warranty, and the buyer may give notice to either one (1) or
both of the defect. Notice to either the manufacturer or dealer
shall be considered notice to both the manufacturer and dealer.
The address and the phone number of where to mail or deliver
written notices for both the manufacturer and dealer shall be
set forth in the warranty; and
(vii) If during any period of time after notification
of a defect the mobile home is unhabitable because of the
defect, that period of time shall not be considered part of the
one (1) year warranty period.
(b) Any transfer of a mobile home from one (1) owner or
lessee to another during the effective period of the warranty
does not terminate the warranty, and subsequent owners or
lessees shall be entitled to the full protection of the warranty
for the duration of the warranty period as if the original owner
or lessee had not transferred the mobile home.