2004 Minnesota Statutes

     327B.09 Prohibitions. 

    Subdivision 1.    License required.  No person shall 
 engage in the business, either exclusively or in addition to any 
 other occupation of manufacturing, selling, offering to sell, 
 soliciting or advertising the sale of manufactured homes, or act 
 as a broker without being licensed as a manufacturer or a dealer 
 as provided in section 327B.04.  Any person who manufactures, 
 sells, offers to sell, solicits or advertises the sale of 
 manufactured homes, or acts as a broker in violation of this 
 subdivision shall nevertheless be subject to the duties, 
 prohibitions and penalties imposed by sections 327B.01 to 
 327B.12.  This chapter does not prohibit either an individual 
 from reselling, without a license, a manufactured home which is 
 or has been the individual's residence or any bank, savings 
 bank, savings association, or credit union, chartered by either 
 this state or the federal government, from reselling, without a 
 license, a repossessed manufactured home.  

    Subd. 2.    Advertising.  No person shall advertise as a 
 manufactured home dealer, or as a lister, broker or agent for 
 the sale of manufactured homes, without being licensed as a 
 dealer as provided in section 327B.04.  

    Subd. 3.    Display of license.  No person shall act as 
 a dealer or manufacturer unless the certificate authorizing that 
 activity is prominently displayed on the business premises 
 covered by the license.  Before moving to a new location from 
 the established place of business occupied when the license is 
 granted, the licensee must first secure the commissioner's 
 written permission.  To obtain that permission, the licensee 
 must prove that the proposed new premises conform to the 
 requirements of section 327B.04, subdivision 4.  

    Subd. 4.    Net listing prohibited.  No dealer shall use 
 or offer to use a net listing agreement.  

    Subd. 5.    Broker or dealer arrangement of financing.  
 A dealer who is acting as a broker for the sale of a 
 manufactured home and who can arrange financing for the sale may 
 charge a separate fee for that service, if:  

    (a) the listing agreement does not require that the seller 
 or buyer use the dealer's services to arrange financing; 

    (b) in arranging the financing, the dealer will pay a fee 
 or will guarantee all or part of the buyer's performance to a 
 third person; and 

    (c) the listing agreement clearly and conspicuously 
 discloses the amount of the fee, the fact that the fee is in 
 addition to the dealer's commission and the fact that the seller 
 and buyer are not required to use the dealer's services to 
 arrange financing. 

    HIST: 1982 c 526 art 1 s 9; 1983 c 142 s 9; 1983 c 216 art 1 s 
 56; 1986 c 444; 1995 c 202 art 2 s 29