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An Act To Require Warranty Coverage for Damage to Manufactured Homes during Transportation and Handling
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1404, sub-§1, as amended by PL 2017, c. 210, Pt. A, §2, is further amended to read:
 
1. Defects.   That the manufactured home is free from any substantial defects in materials or workmanship or damage occurring during transportation or handling before installation commences;
Sec. 2. 10 MRSA §1404, sub-§2, as amended by PL 2007, c. 402, Pt. B, §1, is further amended to read:
 
2. Corrective action.   That the manufacturer or dealer or both shall take appropriate corrective action at the site of the manufactured home in instances of substantial defects in materials or workmanship, and the dealer shall take appropriate corrective action at the site of the manufactured home in instances of damage during transportation or handling, whichthat become evident within one year from the date of the delivery of the manufactured home to the consumer, provided the consumer or the consumer's transferee gives written notice of such defects to the manufacturer or dealer at the manufacturer's or dealer's business address not later than one year and 10 days after date of delivery;
Sec. 3. 10 MRSA §1404, sub-§3, as amended by PL 2017, c. 210, Pt. A, §3, is further amended to read:
 
3. Liability.   That the manufacturer and dealer are jointly and severally liable to the consumer for the fulfillment of the terms of warranty except for damage to the manufactured home during transportation or handling, and the consumer may notify either one or both of the need for appropriate corrective action in instances of substantial defects in the approved building systems, materials or workmanship. The dealer is liable to the consumer for any damage to the manufactured home during transportation or handling;
Sec. 4. 10 MRSA §1405, as enacted by PL 1973, c. 435, is amended to read:
§ 1405.Cumulative remedies; prohibition against waiver; escrow
The warranty under this chapter shall beis in addition to and not in derogation of all other rights and privileges which suchthat a consumer may havehas under any other law or instrument. The manufacturer or dealer shallmay not require the buyer to waive hisany rights under this chapter and any such waiver shall be deemedis contrary to public policy and shall be, unenforceable and void. Upon the signing of a purchase contract or agreement for manufactured housing, the dealer shall place an amount equal to 10% of the purchase price in escrow with a financial institution in the State that may not be released to the dealer until both the dealer and consumer execute a release subsequent to the installation and a final inspection of the manufactured housing.
 
SUMMARY
This bill requires that warranties for manufactured homes include covering damage to a manufactured home during transportation or handling, for which the dealer is required to take corrective action. This bill also requires a dealer of manufactured housing to place an amount equal to 10% of the purchase price in escrow that may not be released to the dealer until both the dealer and consumer execute a release subsequent to the installation and final inspection of the manufactured housing.