41-4028. Exemptions

A. Any person engaged in installing manufactured homes, mobile homes or accessory structures and licensed in an appropriate category by the registrar of contractors pursuant to title 32, chapter 10, article 2 is exempt only from the licensing requirements of this article.

B. The requirements of this chapter applicable to dealers and brokers do not apply to persons performing the following transactions:

1. Real estate brokers and real estate salesmen licensed under section 32-2122 who engage in activities proscribed by this chapter with respect to used manufactured homes, mobile homes, factory-built buildings or subassemblies if the manufactured home, mobile home, factory-built building or subassembly is listed in a contract for transfer of an interest in real property executed by its owner and is installed on the real property.

2. Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment of any court.

3. Public officers while performing their official duties.

4. Banks and other financial institutions, and their subsidiaries, and other corporations qualified to do business in this state, if they are proceeding as repossessors or liquidators, but only to the extent that they finance the sales transaction by which the repossessed property is liquidated or are a holder in due course with respect to the transaction.

5. A purchaser who sells no more than two factory-built buildings, subassemblies, manufactured homes or mobile homes in any twelve month period.

C. For the purposes of this section, a manufactured home, mobile home, factory-built building or subassembly is used if it has been occupied for at least thirty consecutive days for its intended use or function by a bona fide homeowner, renter or other end user.