(a) Sales or auctions to the public.
- (1) Any person, firm, or corporation engaged in the auction of five (5) or more manufactured homes to the public shall be considered a retailer and shall be subject to the requirements for certification of retailers set forth in 20 CAR § 911-203.
(2)
- (A) Any person, firm, or corporation engaged in the auction of five (5) or more manufactured homes to the public shall submit to the Arkansas Manufactured Home Commission, at least thirty (30) days prior to any auction, a notice including the date, time, and physical address or location of any proposed auction.
- (B) If such auctions are intended to recur on a scheduled basis, the commission shall be provided with a schedule of proposed auctions or consignment sales.
(3) Any person, firm, or corporation engaged in the auction of five (5) or more manufactured homes to the public shall submit to the commission, immediately following such auction, a report on forms provided by the commission, including the following information:
- (A) A complete list of the homes sold or auctioned;
- (B) The manufacturer, model, and size of each home;
- (C) The serial number and United States Department of Housing and Urban Development label number of each home;
- (D) The name, address, and phone number of the consumer purchasing each home; and
- (E) A written contract with a licensed installer to perform installation and anchoring of manufactured homes sold at auction to the public according to the commission’s installation specifications, as set forth in this part.
- (b) Violation. Any person, firm, or corporation auctioning homes to the public without being properly certified with the commission is in violation of this act.