41-4032. Cosmetic complaints; process; walk-through; definition
A. Notwithstanding sections 41-4004 and 41-4031, a purchaser of a new manufactured home shall file a complaint concerning cosmetic, superficial or minor matters relating to the manufactured home no more than one hundred twenty days after the date of installation or the designated cosmetic complaint date prescribed in section 41-4033.
B. The director shall not process or verify a complaint described in subsection A of this section if the complaint is filed more than one hundred twenty days after the date of installation or the designated cosmetic complaint date prescribed in section 41-4033, unless the director finds, after written notice to the interested parties, that the complaint involves major or structural matters relating to the manufactured home.
C. The board shall adopt rules establishing procedures for complaints filed pursuant to this section, including rules for determining the date of installation of a new manufactured home.
D. This section does not apply if, within thirty days after the date of installation or the designated cosmetic complaint date prescribed in section 41-4033, the manufacturer or dealer of the new manufactured home has not conducted a walk-through of the home with the purchaser or the purchaser's representative and has not completed a walk-through checklist on a form approved by the board. The walk-through checklist form shall contain a notice to the purchaser, located immediately above the signature lines and in bold print, advising the purchaser that all cosmetic, superficial or minor matters found during the walk-through should be listed on the form and that the complaint filing period for cosmetic, superficial or minor matters is one hundred twenty days from either the date of installation of the home or the designated cosmetic complaint date prescribed in section 41-4033.
E. For the purposes of this section, " cosmetic, superficial or minor matters" means any defect or condition that renders a part of the home not fit for its intended, expected or ordinary use or appearance, including defects or conditions that involve the appearance of the home's structural, electrical, plumbing, mechanical or gas systems. Cosmetic, superficial or minor matters do not include defects or conditions involving the performance of the home's structural, electrical, plumbing, mechanical or gas systems.
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