(1) A seller who is required to register with the division pursuant to section 24-32-3323 shall make the following disclosures in any contract for the sale of a manufactured home:
That the buyer may have no legal right to rescind the contract absent delinquentdelivery of the manufactured home or the existence of a specific right of rescission set forth in the contract;
That the seller has a separate fiduciary account for the escrow of home sale downpayments pending delivery of the manufactured home and a letter of credit, certificate of deposit, or surety bond filed with the division for the repayment of home sale down payments pending delivery of manufactured homes;
That an aggrieved person may file a complaint for a refund of a down payment heldin escrow by a seller of manufactured homes against the seller with the attorney general or with the district attorney for the district in which the sale occurs; and
That an aggrieved person may bring a civil action pursuant to the provisions of the"Colorado Consumer Protection Act", article 1 of title 6, C.R.S., to remedy violations of manufactured home seller requirements in this part 33.
(2) A contract for the sale of a manufactured home by a person who is required to register with the division pursuant to section 24-32-3323 shall contain the following provisions:
A date certain for the delivery of the manufactured home or a listing of specifieddelivery preconditions that must occur before a date certain for delivery can be determined; and
A statement that if delivery of the manufactured home is delayed by more than sixtydays after the delivery date specified in the contract of sale or by more than sixty days after the delivery preconditions set forth in the contract of sale have been met if no date certain for delivery has been set, the seller will either refund the manufactured home sale down payment or provide a reasonable per diem living expense to the buyer for the days between the delivery date specified in the contract or the sixty-first day after the delivery preconditions set forth in the contract have been met, whichever is applicable, and the actual date of delivery, unless the delay in delivery is unavoidable or caused by the buyer.
Source: L. 2003: Entire part added, p. 548, § 2, effective March 5.