Enforcement of the Federal Trade Commission’s “Red Flags” Rule is scheduled to begin on January 1, 2011, for financial institutions and creditors (to include manufactured housing retailers and community owners) subject to enforcement by the FTC. The Commission has previously delayed the enforcement of the Rule several times.  The Rule was promulgated under the Fair and Accurate Credit Transactions Act, in which Congress directed the Commission and other agencies to develop regulations requiring “creditors” and “financial institutions” to address the risk of identity theft.

The resulting Red Flags Rule requires all such entities that have “covered accounts” to develop and implement written identity theft prevention programs to help identify, detect, and respond to patterns, practices, or specific activities – known as “red flags” – that could indicate identity theft.

Privacy Act Notice

The Federal Trade Commission (FTC) and the federal banking regulatory agencies have jointly issued a new model privacy notice.

This new notice was created to develop a more understandable template for privacy notices issued by retailers and other financial institutions.  Though the use of the model form is not required, it will provide a safe harbor indicating complaince with notice requirements under the Gramm-Leach-Bliley Privacy Act and implementing rules.

Model forms are available online:

        for Privacy Model Form without Opt Out click here.

             or

        for Privacy Model Form with Opt Out option click here.

Also, compliance guidelines and additional information can be found here. 

How to Become a Retailer

Pennsylvania law requires individuals selling new and preowned manufactured homes to be licensed by the Department of State, Bureau of Professional and Occupational Affairs, Vehicle Board.   

New Homes - the Board of Vehicle Act prohibits a manufacturer from selling their homes to anyone without a valid vehicle dealer's license.  Anyone holding a license to sell new homes is also allowed to sell preowned homes.  The license renews every two years.  Any time the location, address or ownership of the licensed sales center changes or a manufacturer is added or dropped from the retailer's inventory, the Vehicle Board must be notified and re-licensing may be required.   

Preowned Homes - In 1996, the law was changed to lessen licensing requirements for individuals wanting to sell preowned homes only.  The license renews every two years.  The law does allow an individual to sell up to 5 homes a year without licensure, note this is for preowned homes only and the homes must be titled in the seller's name.  Also, any time the business would change their mind and decide to sell new homes they would need to apply for re-licensing and make sure they can meet the 5000 square foot display area requirement and have a franchise agreement from at lease one manufacturer.

Salespeople - The law also requires the retailer (dealer) to license their salespeople.  An individual can work for only one sales center (dealership) at a time.  Any time a sales person leaves employment of a retailer they will need to advise the vehicle board by returning the license with a note that they are no longer employed by the sales center (dealership).  Salespeople leaving one sales center for employment at another will need to apply for re-licensing with the new sales center. Failing to do so can result in fines and penalties for both the sales center and the salesperson.  

There are no state licensing requirements for individuals looking to sell modular (industrialized) homes, they are treated the same as site builders.

Interested in becoming Retailer?  Contact Linda at PMHA by email or call (888) 242-7642 to request a "Dealer Licensing Kit" or you can view the Dealer Licensing Kit by clicking here. 

PA One Call (Dig Info)

Before you dig, call PA One Call for a clear and accurate marking of underground utility lines.  Click here for more information.

Already received an invoice from PA One Call System...and you are a member of PMHA...Don't pay it we will pay it for you!  Click here for more information.

Retailer's Responsibility

Installation Disclosure

Effective October 20, 2008, HUD is requiring all retailers to provide, before the execution of a sale or lease agreement, a written disclosure statement to the purchaser that outlines our Pennsylvania installation program.  DCED has specially prepared brochures that meet this requirement.  On the back panel of the brochure there is a large white space - use this area to place a stamp or label identifying your retail center.  We encourage you to have the consumer sign this area indicating they have received this required notification and then place a signed copy in the customer's file should a question arise in the future.

Click here for the Installation Brochure

Contact Tracy by email or (888) 242-7642 to request additional copies by mail.

Dispute Resolution

Under the Manufactured Home Dispute Resolution Program - Final Rule, manufacturers and retailers are required to provide separate dispute resolution program consumer notifications as specified by 24 CFR Part 3282, § 3282.207(e) and Part 3288, § 3288.5 respectively, effective February 8, 2008.  A copy of 24 CFR can be viewed here.

Retailers are required to provide a separate "Retailer Dispute Resolution Notification" at the time of signing a contract for sale or lease of a new manufactured home.  Retailers are required to either include the specified notice "clearly in a separate section on consumer dispute resolution information at the top of the sales contract,"  or lease, or in a separate document.  The notice must include the language and headings, verbatim, as written in the revised § 3288.5 for sales and lease transactions.  The required language for "Retailer Dispute Resolution Notification" can be viewed here.

Home Improvement Consumer Protection Act (HICPA)

The Home Improvement Consumer Protection Act (HICPA) was adopted by Pennsylvania General Assembly in October 2008, signed by the Governor as Act 132 of 2008 and is effective July 1, 2009. 

The law establishes a mandatory registration program for contractors who offer or perform "home improvements" on behalf of a "home owner" in Pennsylvania.  This does not include construction on a new home.  The law established a financial threshold to determine who would be required to be registered.  If in a given year you earn $5,000 or greater performing home improvements for consumers you will be required to be registered.  For more information and details on how to register click here.

In addition to being registered, you will have to provide written contracts for all jobs amounting to a cost of $1,000 or greater.  Sample contracts are available to PMHA members.  Contact Tracy by email or call (888) 242-7642.