(a) Required agreement. To use the Alternative Process, the manufacturer, retailer, and installer of the manufactured home at issue, as appropriate, must agree:
- (1) That there is a defect in the manufactured home;
- (2) That the manufacturer, retailer, or installer is responsible for the defect;
- (3) That the homeowner is not responsible for the defect;
- (4) To engage a neutral to evaluate the dispute and make an assignment of responsibility for correction and repair; and
- (5) To notify the homeowner of, and allow the homeowner to be present at, any meetings and to inform the homeowner of the outcome.
- (b) Additional element of agreement. In addition, the parties should agree to act upon the neutral's assignment of responsibility for correction and repair.