(1) Any person whose business involves the sale of manufactured homes shall be required to register with the division before engaging in the business of selling manufactured homes in Colorado. Any person who wishes to engage in the business of selling manufactured homes in Colorado through advertising or sales activities but who does not operate a retail location in Colorado shall obtain a single registration. Any person who wishes to engage in the business of selling manufactured homes from one or more retail locations in Colorado shall obtain a separate registration for each location. The registration requirements of this section shall not apply to any individual who, for a salary, commission, or compensation of any kind, is employed directly or indirectly by any registered manufactured home seller to sell or negotiate for the sale of manufactured homes.
An application for a registration or renewal required by this section shall be submitted on a form provided by the division and shall be verified by a declaration signed, under penalty of perjury, by a principal of the manufactured home seller. The application shall contain, in addition to such other information regarding the conduct of the manufactured home seller's business as the division may reasonably require, the name, address, and position of each principal of the manufactured home seller and each person who exercises management responsibilities as part of the manufactured home seller's business activities. The application shall also contain the address and telephone number of each retail location operated by the applicant as well as the location and account number of the separate fiduciary account required by section 24-32-3324 (1). The declaration shall specify the date and location of the signing, and the division shall preserve the application and declaration and make them available for public inspection.
A registration issued pursuant to subsection (2) of this section shall be valid for oneyear after the date of issuance. The amount of the registration fee shall be no more than two hundred dollars. If, after issuance of a registration, any of the required information submitted with the application for the registration pursuant to subsection (2) of this section becomes inaccurate, a principal of the manufactured home seller shall notify the division in writing of the inaccuracy within thirty days and provide the division with accurate updated information.
For purposes of this section, a person is not engaged in the business of selling manufactured homes if the person:
Is a natural person acting personally in selling a manufactured home owned or leasedby the person;
Sells a manufactured home in the course of engaging in activities that are subject tothe provisions of article 10 of title 12, or activities that would be subject to the provisions but for a specific exemption set forth in article 10 of title 12;
Sells a manufactured home for salvage or nonresidential use; or
Directly or indirectly sells, in any calendar year, three or fewer previously occupiedmanufactured homes that are owned by a manufactured home park owner and are located within one or more manufactured home parks in Colorado.
Source: L. 2003: Entire part added, p. 546, § 2, effective March 5. L. 2019: (4)(b) amended, (HB 19-1172), ch. 136, p. 1688, § 128, effective October 1.