42 U.S.C. § 5412 : US Code - Section 5412: Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase by manufacturer or repair by distributor or retailer; reimbursement of expenses, etc., by manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation
Search 42 U.S.C. § 5412 : US Code - Section 5412: Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase by manufacturer or repair by distributor or retailer; reimbursement of expenses, etc., by manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation
(a) If the Secretary or a court of appropriate jurisdiction
determines that any manufactured home does not conform to
applicable Federal manufactured home construction and safety
standards, or that it contains a defect which constitutes an
imminent safety hazard, after the sale of such manufactured home by
a manufacturer to a distributor or a retailer and prior to the sale
of such manufactured home by such distributor or retailer to a
purchaser -
(1) the manufacturer shall immediately repurchase such
manufactured home from such distributor or retailer at the price
paid by such distributor or retailer, plus all transportation
charges involved and a reasonable reimbursement of not less than
1 per centum per month of such price paid prorated from the date
of receipt by certified mail of notice of such nonconformance to
the date of repurchase by the manufacturer; or
(2) the manufacturer, at his own expense, shall immediately
furnish the purchasing distributor or retailer the required
conforming part or parts or equipment for installation by the
distributor or retailer on or in such manufactured home, and for
the installation involved the manufacturer shall reimburse such
distributor or retailer for the reasonable value of such
installation plus a reasonable reimbursement of not less than 1
per centum per month of the manufacturer's or distributor's
selling price prorated from the date of receipt by certified mail
of notice of such nonconformance to the date such vehicle is
brought into conformance with applicable Federal standards, so
long as the distributor or retailer proceeds with reasonable
diligence with the installation after the required part or
equipment is received.
The value of such reasonable reimbursements as specified in
paragraphs (1) and (2) of this subsection shall be fixed by mutual
agreement of the parties, or, failing such agreement, by the court
pursuant to the provisions of subsection (b) of this section.
(b) If any manufacturer fails to comply with the requirements of
subsection (a) of this section, then the distributor or retailer,
as the case may be, to whom such manufactured home has been sold
may bring an action seeking a court injunction compelling
compliance with such requirements on the part of such manufacturer.
Such action may be brought in any district court in the United
States in the district in which such manufacturer resides, or is
found, or has an agent, without regard to the amount in
controversy, and the person bringing the action shall also be
entitled to recover any damage sustained by him, as well as all
court costs plus reasonable attorneys' fees. Any action brought
pursuant to this section shall be forever barred unless commenced
within three years after the cause of action shall have accrued.
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