
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-569 Section 603(b)(1)]
[CITE: 42USC5412]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
     CHAPTER 70--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
 
Sec. 5412. Noncompliance with standards or defective nature of 
        manufactured home; administrative or judicial determination; 
        repurchase by manufacturer or repair by distributor or dealer; 
        reimbursement of expenses, etc., by manufacturer; injunctive 
        relief against manufacturer for failure to comply; jurisdiction 
        and venue; damages; period of limitation
        
    (a) If the Secretary or a court of appropriate jurisdiction 
determines that any manufactured home does not conform to applicable 
Federal manufactured home construction and safety standards, or that it 
contains a defect which constitutes an imminent safety hazard, after the 
sale of such manufactured home by a manufacturer to a distributor or a 
dealer and prior to the sale of such manufactured home by such 
distributor or dealer to a purchaser--
        (1) the manufacturer shall immediately repurchase such 
    manufactured home from such distributor or dealer at the price paid 
    by such distributor or dealer, plus all transportation charges 
    involved and a reasonable reimbursement of not less than 1 per 
    centum per month of such price paid prorated from the date of 
    receipt by certified mail of notice of such nonconformance to the 
    date of repurchase by the manufacturer; or
        (2) the manufacturer, at his own expense, shall immediately 
    furnish the purchasing distributor or dealer the required conforming 
    part or parts or equipment for installation by the distributor or 
    dealer on or in such manufactured home, and for the installation 
    involved the manufacturer shall reimburse such distributor or dealer 
    for the reasonable value of such installation plus a reasonable 
    reimbursement of not less than 1 per centum per month of the 
    manufacturer's or distributor's selling price prorated from the date 
    of receipt by certified mail of notice of such nonconformance to the 
    date such vehicle is brought into conformance with applicable 
    Federal standards, so long as the distributor or dealer proceeds 
    with reasonable diligence with the installation after the required 
    part or equipment is received.

The value of such reasonable reimbursements as specified in paragraphs 
(1) and (2) of this subsection shall be fixed by mutual agreement of the 
parties, or, failing such agreement, by the court pursuant to the 
provisions of subsection (b) of this section.
    (b) If any manufacturer fails to comply with the requirements of 
subsection (a) of this section, then the distributor or dealer, as the 
case may be, to whom such manufactured home has been sold may bring an 
action seeking a court injunction compelling compliance with such 
requirements on the part of such manufacturer. Such action may be 
brought in any district court in the United States in the district in 
which such manufacturer resides, or is found, or has an agent, without 
regard to the amount in controversy, and the person bringing the action 
shall also be entitled to recover any damage sustained by him, as well 
as all court costs plus reasonable attorneys' fees. Any action brought 
pursuant to this section shall be forever barred unless commenced within 
three years after the cause of action shall have accrued.

(Pub. L. 93-383, title VI, Sec. 613, Aug. 22, 1974, 88 Stat. 706; Pub. 
L. 96-399, title III, Sec. 308(c)(4), Oct. 8, 1980, 94 Stat. 1641.)


                               Amendments

    1980--Subsecs. (a), (b). Pub. L. 96-399 substituted ``manufactured 
home'' for ``mobile home'' wherever appearing.
