Texas Investors How Do U Deal With Licensing?

hi everyone, im in texas and started with my first lonnie deal, and want to continue doing lonnie deals. as i research it on under manufactured housing rules, im not sure what to do. there is a class to attend for $250.00, plus someone said there is also a $50k bond, etc. see below:
do you guys really go thru all these to do lonnie deals?
thanks for your input.

What types of manufactured housing licenses are available?
Visit Industry Information, Assistance and Forms for the following types of license applications:
Manufacturer - a person who constructs or assembles manufactured housing for sale, exchange, or lease-purchase in this state.
Retailer - a person who: (A) is engaged in the business of buying for resale, selling, or exchanging manufactured homes or offering manufactured homes for sale, exchange, or lease-purchase to consumers, including a person who maintains a location for the display of manufactured homes; and (B) sells, exchanges, or lease-purchases at least two manufactured homes to consumers in a 12-month period.
Broker – a person engaged by one or more other persons to negotiate a bargain or contract for the sale, exchange, or lease-purchase of a manufactured home for which a certificate or document of title has been issued and is outstanding. The term does not include a person who maintains a location for the display of manufactured homes.
Installer – a person, including a retailer or manufacturer, who contracts to perform or performs an installation function on manufactured housing.
Salesperson – a person who, as an employee or agent of a retailer or broker, sells or lease-purchases or offers to sell or lease-purchase manufactured housing to a consumer for any form of compensation.
Salvage Rebuilder – a person certified by the department to alter, repair, or otherwise rebuild a salvaged manufactured home as defined in §1201.461 of the Occupations Code. (Top)
Do I need to have a “lot” or maintain an inventory to apply for or maintain a Retailer license?
No, having a lot or maintaining an inventory is not required to apply for a retailer license. However, you must designate a location for the bond to apply to and you may only show or sell homes to consumers from that location. (Top)
Do I need to apply for a Salespersons license in addition to a retailer license if I own the company?
No, a salesperson license is not required, in addition to a retailer license, as long as such individual is properly listed on the retailer’s application. (Top)
Can a retailer rebuild a salvaged home?
Only a retailer or rebuilder can rebuild a salvaged home as long as the license is in good standing. (Top)
If a retailer contracts out the installation of homes sold, does the retailer also have to be licensed as an installer?
A retailer is required to be licensed as an installer IF they sell NEW manufactured homes. On new homes, the retailer is responsible for the installation even if the installation is contracted out. If the retailer sells only used homes, the retailer does not have to be licensed as an installer but cannot “sell the installation” with the home. Only a person licensed as an installer may contract to install, even if they are subcontracting some or all of the work. (Top)
Are separate applications required to be completed if applying for a Retailer/Broker/Installer (RBI) or any variation of the Retailer license?
No, a separate application is not required to be completed if applying for a RBI or any variation of the retailer license. The specific type of license being applied for should be indicated on the retailer application. (Top)
How Do I Get a License?
Prior to applying for a license, all applicants (EXCEPT Salespersons or as specified under Sections 1201.104[e] and 1201.111 of the Occupations Code) must attend a twenty (20) hour course on the law and rules. The class is conducted in Austin on a quarterly basis and costs $250 per person to attend. There is no exam, but attendance of the entire class is required. Click on the link for the enrollment form: Education Class Enrollment Form.

Once the licensing class is completed, proof of class completion (copy of the certificate of attendance), a bond, proof insurance, proof of business name filing with the Secretary of States office or local County, and the required fee must be submitted. Once the application is received in our office and is complete, the processing time is 7 working days, not including mail time to and from the department. (Top)
Can the class be taken online?
No. (Top)
Does a spouse or friend have to pay to sit in on the class?
Yes. Each person in attendance must pay the required class fee. (Top)
Is there a test?
No. (Top)
How soon do I need to apply for my license once the class has been taken?
There is no time limit to apply for a license once the class has been completed. (Top)
What if I’m unable to attend class after I’ve already registered?
A request to reschedule the class may be sent by mail, e-mail or fax. (Top)
Can someone else take the place of the person already confirmed to attend the class?
Yes, someone else can take the place of the person pre-registered. This information can be changed by sending a new enrollment form or letter by mail, fax, e-mail or at the time of sign-in. (Top)
Will I automatically receive my license once the class has been completed?
No. The license must be applied for separately. (Top)
What if I cannot attend all 2 ½ days or need to leave early once in attendance?
The portion of the class that was missed must be taken at the next class offered. A Certificate of Attendance will not be issued until this has been done. (Top)
Can a license be applied for online?
No, the license cannot be applied for online. To reduce mail time to and from the department, you might consider sending your application by overnight mail. (Top)
Can I pay with a credit card?
No, credit cards are not accepted. All fees must be delivered by mail or in person in the form of a company or business firm check, cashier’s check, or money order. (Top)
Can a letter of credit be submitted in lieu of a bond or certificate of deposit?
No, a letter of credit will not be accepted in lieu of a bond or certificate of deposit. (Top)
How long does it take to get a license?
Processing time is 7 working days from the date the application is received complete. This does not include mail time to and from the department. (Top)
I’m applying for a Retailer/Installer license. Do I need a separate bond for each license type?
No, a separate bond is not required for each license type so long as the license is applied for as a single license. (Top)
Is it true that a lender can no longer sell directly to a consumer?
Section 1201.460 of the Manufactured Housing Standards Act states that a lienholder may sell, exchange, or lease-purchase a repossessed manufactured home only to or through a licensed retailer unless the home is sold to a purchaser for the purchaser’s business use. Of course if the lender is also licensed as a retailer, they may sell from their bonded location(s). (Top)
I will be selling new and used homes but will not be installing the homes using my license. Why do I need to be a licensed installer?
Section 1201.352 of the Manufactured Housing Standards Act requires the retailer of a new HUD-code manufactured home to warrant the installation of the home at the initial homesite. Because the retailer is responsible for the installation of new homes, a retailer who sells new homes must meet the requirements of an installer and be licensed as such. (Top)
How will the license be sent to me?
Your license will be sent via regular mail unless you provide a pre-paid overnight envelope with your license application. (Top)
Can a copy of the license be faxed to me?
Yes. You may request that a copy of the license be faxed to you when it is issued. (Top)
I lost my license or didn’t receive it. Is there a charge for a reprint?
No. Just fax (512-475-3506) or mail a request for a duplicate to the attention of the Licensing Section, and another will be sent to you at no charge. (Top)
As a Salesperson, what do I need to do if I change employers during my active license period?
If you change employers, written notice of the change should be submitted to the department. (Top)
How do I change my location address?
The change of location will not be effective until the following are received by the department:
a written notification of the address of the new location;
an endorsement to the bond reflecting the change of location; and
the original license. (Top)
How do I change my officers/partners?
For a change in ownership of less than fifty percent (50%) of the licensed business entity, no new license is required provided that the existing bond or other security continues in effect. However, the current Articles of Incorporation or Assumed Name Certificate must accompany a request to reflect such a change.

For a change in ownership of fifty percent (50%) or more, the license holder must file with the department, along with the appropriate fee and Articles of Incorporation or Assumed Name Certificate:
a license addendum by the purchaser providing information as may be required by the department; and
certification by the surety that the bond for the licensed business entity continues in effect after the change in ownership; or
an application for a new license along with a new bond or other security and proof that the education requirements of §1201.113 of the Standards Act, have been met. (Top)
My license is expired. Can I still renew or will I need to reapply?
To avoid any lapses in licensure, you may renew with a late renewal fee of 1 ½ times the regular renewal amount up to 365 days, after which, you must reapply. If you have not conducted any business since your license expired, you can avoid the late penalty by reapplying for a new license and license number. (Top)
There is an error on my license. What do I need to do to get it corrected?
It depends. If the error was made by the department, make a copy of the license for your records and return the original license with a written statement identifying the error. However, if the error was not a department error, proper endorsement from the bonding company, such as a bond rider or change rider, a written statement from the license holder identifying the error, a copy of the official documents, such as the Assumed Name Certificate &/or Article’s of Incorporation, evidencing the change (if applicable) and the original license, must be returned for correction. In either situation, there is no charge for the correction. The correction request will be processed within 7 working days. (Top)
How do I change my business name?
Make a copy of the license for your records, and then return the license, a written statement by anyone authorized (authorized persons must be properly listed on the application) to make changes to the license consenting to the name change, and a copy of a bond rider issued by the bond company acknowledging the change. Processing time is 7 working days not including mail time to and from the department. (Top)
How do I change my mailing address?
Fax (512-475-3506) or mail a written statement with the mailing address changes to the department. (Top)
May I use my DBA name (rather than the corporate name) to advertise the homes that I sell?
If you have notified us, in writing, of the assumed name and provide us with evidence that you have properly filed to do business under that assumed name, you may conduct business, including the offering of manufactured homes, under that name. (Top)

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Comments(1)

  • latundan25th February, 2005

    Hello John, thanks for your reply, well i didnt type it, i just cut and past it from the website itself hehe grin anyway, that is why im kinda confuse. some people say i dont need a license yet some say i do need it. now i dont want to continue buying somemore and then get penalties later on because i didnt follow the rules. I tried calling the state but they put me on hold forever. i thought someone here in this website is from texas doing lonnie deals and can tell me.

    also can i ask you how is the market there in washington state. my sister is in everett and wanted to do lonnie deals too but she thinks the prices that lonnie is talking about does not exist in your area. are you having some luck finding 4k - 7k homes? thanks

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