Sec. 21-86. Manufacturer's warranty; waiver.
Secs. 21-87 to 21-89. Reserved
Sec. 21-85. Definitions. For the purposes of this chapter:
(1) “Mobile manufactured home” has the same meaning as provided in section 21-64;
(2) “Modular or prefabricated home” means the completely assembled and erected building or structure, including the service equipment, of which the structural parts consist of prefabricated individual units or subassemblies using ordinary or controlled materials, and in which the service equipment may be either prefabricated or at-site construction;
(3) “Prefabricated subassembly” means a built-up combination of several structural elements designed and fabricated as an assembled section of wall, ceiling, floor or roof to be incorporated into the structure by field erection of two or more such subassemblies;
(4) “Prefabricated unit” means a built-up section forming an individual structural element of the building, such as a beam, girder, plank, strut, column or truss, the integrated parts of which are prefabricated prior to incorporation into the structure, including the necessary means for erection and connection at the site to complete the structural frame;
(5) “Prefabricated unit service equipment” means a prefabricated assembly of mechanical units, fixtures and accessories comprising a complete service unit of mechanical equipment, including bathroom and kitchen plumbing assemblies, unit heating and air-conditioning systems and loop-wiring assemblies of electric circuits;
(6) “Prefabricated” means construction materials or assembled units fabricated prior to erection or installation in a building or structure; and
(7) “New” includes any unit not previously sold or occupied as a dwelling unit.
(P.A. 75-632, S. 1; June Sp. Sess. P.A. 83-3, S. 1; P.A. 14-122, S. 123.)
History: June Sp. Sess. P.A. 83-3 changed term “mobile home” to “mobile manufactured home”; P.A. 14-122 redesignated existing Subdivs. (a) to (g) as Subdivs. (1) to (7) and made technical changes.
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Sec. 21-86. Manufacturer's warranty; waiver. No person shall sell at retail a new mobile manufactured home or a new modular or prefabricated home in this state without a written manufacturer's warranty to the buyer containing the following terms:
(1) That such home is free from any substantial defects in materials or workmanship in the structure, plumbing, heating and electrical systems and all appliances and other equipment installed or included therein or thereon by the manufacturer.
(2) That the seller or manufacturer shall take appropriate corrective action at the site of such home in instances of substantial defects in materials or workmanship which become evident within one year from the date of delivery of such home to the buyer, provided the buyer gives written notice of such defects to the seller, manufacturer or dealer at his business address as soon as such defects become evident. The warranty provided herein shall be in addition to and not in derogation of any other right or privilege which the buyer may have as otherwise provided by law or instrument. The seller or manufacturer shall not require the buyer to waive his rights under this chapter and any waiver shall be deemed contrary to public policy and shall be void and unenforceable. Any action instituted by a buyer for failure of the manufacturer to comply with the provisions of this chapter shall allow the recovery of court costs and reasonable attorney's fees.
(P.A. 75-632, S. 2; P.A. 14-122, S. 36.)
History: P.A. 14-122 made a technical change.
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Secs. 21-87 to 21-89. Reserved for future use.
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