38-12-1403. Duties of the seller. (1) For any rent-to-own contract, the seller
of the mobile home shall:
(a) Remain responsible for any repairs of conditions that could endanger the
health or safety of a buyer, except for conditions caused by a buyer's gross
negligence or willful conduct, until the purchaser becomes the owner of the mobile
home and receives the title to the mobile home from the seller or until the lot lease
and mobile home lease are legally and validly terminated;
(b) Ensure that the mobile home is habitable under state and local law before
entering into a rent-to-own agreement;
(c) Bear the reasonable costs of repairs or maintenance related to the mobile
home during the term of the rent-to-own contract so long as the repair or
maintenance was not caused by the purchaser's gross negligence or intentional
misconduct;
(d) Timely pay all property taxes assessed on the mobile home until the
purchaser becomes the owner of the mobile home and receives the title to the
mobile home from the seller. The seller may prorate any property taxes owed at the
time the title to the mobile home is transferred; and
(e) Return to the purchaser of the mobile home all purchase payments made
by the purchaser if the mobile home is rendered unfit for habitation by causes
outside of either the purchaser's or the seller's control. If the purchaser owes the
seller any money related to the mobile home lease at the time a mobile home is
destroyed, the seller may deduct the owed money from any accumulated purchase
payments. The seller shall return the accumulated purchase payments within ten
days of the date the mobile home was destroyed.
Source: L. 2024: Entire part added, (HB 24-1294), ch. 399, p. 2748, § 18,
effective June 30.