The Dealer Licensing Kit has been complied by the staff of PMHA to assist persons interested in becoming a Manufactured Housing Retailer (Dealer) in Pennsylvania. The process is quite extensive, below are the steps that are required and the necessary paperwork. If you have any questions during the process, please contact Linda by email or at (888) 242-7642.
Chapter 19. State Board of Vehicle Manufacturer's Dealers and Sales Persons can be viewed here.
Board of Vehicle Act - Act 83 of 1983 amended through Act 90 of 2008 can be viewed here.
_________________________
Certificate of Occupancy
Obtaining a Certificate of Occupancy for your "new" sales office. As a licensed manufactured home dealer, you are required to have a sales office. An additional 5,000 square foot display area is required if you are selling new manufactured homes. The Department of State requires that the building being used as your sales office have a Certificate of Occupancy, this certificate will be issued by either the Department of Labor and Industry (L&I) or your local township or municipality. Determine if your township/municipality opted "in" or "out" of the UCC by clicking here.
For townships/municipalities that "opted in" the UCC - contact your local authorities for their procedure with regards to obtaining a Certificate of Occupancy for your sales office.
If the township/municipality "opted out" of the UCC - you will need to contact L&I and follow their process. Click here for Plan Review and Inspection Requirements.
PMHA Members may mail their plans to our office and a staff member will hand-deliver the plans directly to the Labor & Industry building in Harrisburg. Final approval will be sent directly to the member by Labor & Industry.
Any questions regarding the specifics of your building and/or its construction should be directed to the inspectors at Labor & Industry, you may contact them at (717) 787-3806.
Obtaining a Certificate of Occupancy for an "established" sales office. If the location being used for a sales office was at one time a licensed vehicle dealership then there should be a Certificate of Occupancy on file with the Department of Labor & Industry.
Assuming no changes have been made to the previously approved building and no change has been made in the approved use of the building, Labor & Industry will issue duplicates or revisions of these previously issued permits/certificates.
To obtain a duplicate or revised permit/cerficate, one copy of Labor & Industry's Form UCC-27 must be submitted (click here for a copy of the form), along with the appropriate payment of $5.00 (check or money order made payable to Commonwealth of Pennsylvania).
You will need to supply the L&I File or MA Numbers assigned to the building, if you do not have these numbers, call 717-787-3806 or fax a request for this information to 717-783-5002. The request should indicate the building name and address; and the county and political subdivision in which it is located.
Once you have received your Certificate of Occupancy continue with the next step.
_________________________
Department of State
Requests for Criminal History Record Check - form is available here. A Criminal History Record is required for each owner, partner, officer, director and all sales persons. NOTE: Criminal History Record Checks are only valid for 90 days.
Proof of Proper Zoning - request documentation from township/municipality verifying that your business location has proper zoning to sell manufactured homes. If the township/municipality does not have a zoning ordinance, a letter must be provided stating that the location is properly zoned.
Franchise Agreement (2 copies) is required if you are selling new manufactured homes. View a sample agreement here.
Complete all neccessary licensing applications and collect all required supporting documentation, as stated on the application. Applications can be obtained directly from the Department of State's website. Click here for any or all of the following applications.
- Vehicle Dealership Initial License/Reactivation Application - Corporation, Limited Liability Company, Partnership or Sole Proprietorship (60-SPOA-2602B) - application is used to obtain licensing for a brand new sales center/location or to reactivate an expired license.
- Salesperson Initial License Application (60-SPOA-2602) - for any person never licensed in PA by the Vehicle Board.
- Salesperson Change of Employer/Reactivating License Application (60-SPOA-2606) - those previously licensed in PA by the Vehicle Board (includes licensing as a automobile sales person.)
- Vehicle Dealership License Change Application (60-SPOA-2602E) - application is used to obtain licensing for an existing dealership that has a change in ownership, physical/mailing address, office location, and business name/structure.
Click here for any or all of these applications.
MV-349 Application for Vehicle Dealer Registration Plates... - a completed MV-349 needs to be submitted with the licensing application. This form is required for PennDOT to issue the Dealer Identification Number (DIN). The DIN is required, to file title paperwork with PennDOT. Click here for the MV-349.
A checklist to assist you in collecting and compiling all necessary documentation for your Manufactured Home Dealer License application before filing it with the Department of State is available here.
_________________________
Department of Banking
As a Manufactured Housing Retailer or Community Owner you will need to determine how you will handle consumer financing. Depending on your decision, additional licensing with the Department of Banking may be required.
No Involvement - if you will not be helping your customers obtain financing for the purchase of a manufactured/modular home; you are not required to be licensed with the Department of Banking.
Currently licensing requirements under the Motor Vehicle Sales Finance Act and under the Mortgage Licensing Act amended August 5, 2009 exist for Manufactured Housing Retailers involved in consumer finance.
The Motor Vehicle Sales Finance Act of 2002 can be viewed here.
The Mortgage Licensing Act (Act 31-2009) can be viewed here.
Assist Consumer - if you plan to assist consumers in finding a loan to purchase a manufactured/modular home by taking a credit application and contacting banks for financing on behalf of the consumer; you are required to hold an Installment Sellers License, a Mortgage Broker License and a Loan Originator's License through the Department of Banking.
Provide Financing - if you plan to offer financing for consumers (known as "buy here pay here") in addition to assisting consumers in finding a loan; you are required to hold a Installment Seller's License, a Mortgage Lender License and a Loan Originator's License through the Department of Banking.
Licensing under Motor Vehicle Sales Finance Act of 2002
Sales Finance License application available here.
A sales finance company license is required by any person or company who
engages in the business of financing or soliciting the financing of installment sale contracts made
between other parties, including but not thereby limiting the generality of the foregoing, the
business of acquiring, investing in or lending money or credit on the security of such contracts or
any interest therein, whether by discount, purchase or assignment thereof, or otherwise.
Installment Seller's License application available here.
An installment seller license is required by any person or company who engages in the business of selling, hiring, or
leasing motor vehicles/manufactured homes under installment sale contracts or any legal successor in interest to such person. This
includes any person or company who has a "buy here pay here" program.
Licensing under Mortage Licensing Act
Mortgage Lender/Broker & Loan Originator License
The Department of Banking requires all mortgage business applicants and licensees to use the NMLS to obtain and manage their Pennsylvania mortgage licenses. The Mortgage Licensing Act applies to manufactured/modular housing, even if the home is going into a community, due to a change in the definition of dwelling. Click here to go to the NMLS website for information on all licensing requirements and processes.
_________________________
Department of Revenue
If you will be collecting and submitting PA Sales Tax on home purchases, you will have to complete the Sales Tax License Application and PTA Tax License Application and become registered with the Department of Revenue. Application is available here.
_________________________
Department of Transporation
MV-326 Application for Multi-Purpose Dealer Registration Plate - optional
This is not required for manufactured housing retailers. This is an option that is available to all dealers and manufacturers. Click here for more information. Click here for the MV-326.
_________________________
Miscellaneous
Application for Registration of Fictitious Name can be found here. For more information on Fictitious Names click here.
PennDOT requires Card Agent Status in order to obtain the required forms for titling of new and used manufactured homes (MV1 & MV4 forms). Click here for information on MV-375 - Card Agent Status.
The Electronic Lien and Title (ELT) Program only affects those businesses or individuals who place liens against Pennsylvania vehicle titles including manufactured housing. All lenders who wish to lien a Pennsylvania title must be electronically connected with PennDOT’s ELT Program. Click here for information on the ELT.
Manufactured homes are required to be titled in the Commonwealth. For more information on the titling process, please review information on PMHA's Titling page.
|