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OCCUPATIONAL LICENSING - REGULATIONS
whether or not the advertised price has been communicated to the purchaser.
(c) Dealers displaying models which contain features, items or materials no longer available from the manufacturer,
shall disclose such facts to prospective purchasers of homes whose order is based upon the display model.
§ 5053. Free Merchandise, Savings Claims and Rebates
(a) No licensee shall advertise or represent any merchandise, services, accessories or products as "free" with the
purchase of a MH-Unit or commercial modular if the MH-Unit or commercial modular can be purchased from the
advertiser at a lesser price without such "free" merchandise, services, accessories or products. Advertisements for
"free" merchandise, services, accessories or products offered in consideration of such things as "visit our showroom"
shall clearly and completely describe the conditions under which the "free" merchandise is offered.
(b) Dealers may advertise savings claims or discount offers on new MH-Units or commercial modulars provided the
advertisement shows the difference between the dealer's advertised selling price for cash and the manufacturer's
suggested retail price, except sales tax, registration fees, and finance charges. Such advertisements must include a
specific reference by words, figures, or both, to the manufacturer's suggested retail price.
(c) Any advertisements with reference to "rebates" on MH-Units or commercial modulars shall clearly state the
amount and source of the rebate. No dealer shall advertise or offer a rebate with the purchase of a MH-Unit or
commercial modular if the advertised MH-Unit or commercial modular can normally be purchased from the advertiser at
a lesser price without such rebate.
§ 5054. Dealer Added Charges
A dealer may not identify a separate charge or charges for services performed on a MH-Unit or commercial modular
prior to delivery to the extent the dealer is or will be reimbursed for such expenditures by another party.
§ 5055. Financing
(a) Credit terms advertised shall include all charges required to place the transaction on a time payment basis and
must state any rates in compliance with Regulation Z. Advertisements of terms which include escalated payments,
balloon payments, or pick-up payments shall clearly identify those payments as to their amounts and times due and
must state any rates in compliance with Regulation Z.
(b) Licensees shall not advertise statements such as "no finance charge" unless there is no charge or time-price
differential whatsoever for placing the transaction on a time payment basis.
(c) Licensees shall not make claims such as "everybody financed," "no credit rejected," or words of a similar nature
unless the licensee is willing to extend such credit to each and every individual under any and all circumstances.
(d) If qualifying words such as "on credit approval," are used in conjunction with advertised credit terms, licensees
shall clearly state such qualifying words, unabbreviated, in type size no less than one half (1/2) of the type size of the
credit terms, and in close proximity thereto.
§ 5056. Down Payment and Deposit
(a) A licensee shall not advertise the amount of down payment and/or deposit required to purchase a MH-Unit or
commercial modular unless it is clearly identified as being a down payment or deposit in type size not less than one half
(1/2) the type size in which the amount of the down payment or deposit is stated.
(b) A licensee shall not advertise the statements "no down payment," "no deposit" or similar terms unless the dealer
will sell and deliver the advertised MH-Unit or commercial modular to any purchaser without prior payment of any kind
or trade-in.
(c) If an advertisement quotes the amount of a periodic payment, the advertisement shall also quote the amount of
the down payment or deposit required to qualify for the amount of the quoted periodic payment.
(d) A licensee shall not advertise the amount of a down payment or deposit unless it represents the total payment,
including any payment for sales tax, permits, titling or registration, to be required of the purchaser prior to delivery of the
MH-Unit or commercial modular.
§ 5057. Representations
A dealer or salesperson shall not do any of the following:
(a) Knowingly make a material misrepresentation to the owner or seller of a MH-Unit or commercial modular of its
likely market value, either for the purpose of securing a listing or for the purpose of acquiring an interest in the MH-Unit
or commercial modular for the licensee's own account.
(b) State or imply to an owner or seller of a MH-Unit or commercial modular during listing negotiations that the
licensee is precluded by law, regulation or by the rules of any group or organization of licensees, from charging less
than the commission or fee quoted to the owner by the licensee.
(c) Fail in a transaction for the sale, lease or exchange of a MH-Unit or commercial modular to disclose to a
prospective purchaser or lessee facts known to the licensee materially affecting the value or desirability of the MH-Unit
or commercial modular, when the licensee has reason to believe that such facts are not known to, nor readily
observable by a prospective purchaser or lessee.
(d) When seeking a listing, represent to an owner or seller of the MH-Unit or commercial modular that the soliciting
licensee has obtained a bona fide written offer to purchase the MH-Unit or commercial modular, unless at the time of
representation the licensee has possession of a bona fide written offer to purchase.
(e) Fail to present or cause to be presented to the registered owner or seller of the MH-Unit or commercial modular
any offer to purchase or lease received prior to the preparation of the purchase documents or rental agreement.
(f) Present competing offers to the seller to purchase the MH-Unit or commercial modular in such a manner as to
induce the owner or seller to accept the offer which will provide the greatest compensation to the dealer, without regard
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