Overview
Texas is one of the largest markets for manufactured housing in the United States, and Cavco Industries operates through multiple subsidiary brands including Fleetwood Homes and Palm Harbor Homes with manufacturing facilities and dealer networks throughout the state.
Texas regulates manufactured housing through the Texas Department of Housing and Community Affairs (TDHCA), Manufactured Housing Division. Texas has specific consumer protection statutes for manufactured homes under the Texas Manufactured Housing Standards Act (Tex. Occ. Code Ch. 1201). The state has a 10-year statute of repose for construction defect claims.
How Texas Law Affects Your Contract
The following analysis examines how Cavco Industries's documented contract patterns interact with Texas consumer protection law.
Texas Manufactured Housing Standards Act
The Texas Manufactured Housing Standards Act (Tex. Occ. Code Ch. 1201) establishes licensing requirements for manufacturers, retailers, and installers, and provides consumer protections specific to manufactured housing. The TDHCA Manufactured Housing Division handles consumer complaints and enforcement actions.
Arbitration Provisions Under Texas Law
Texas generally enforces mandatory arbitration clauses. The Texas Arbitration Act (Tex. Civ. Prac. & Rem. Code Ch. 171) and the Federal Arbitration Act both support enforcement. However, Texas courts have invalidated arbitration clauses found to be unconscionable.
DTPA Protections
The Texas Deceptive Trade Practices Act (Tex. Bus. & Com. Code Ch. 17) provides buyers with protections against false, misleading, or deceptive acts in consumer transactions, including manufactured home sales. Treble damages may be available for knowing violations.
Warranty Responsibility Allocation
In Texas, warranty obligations for manufactured homes may be divided among the manufacturer (Cavco Industries), the retailer, and the installer. The TDHCA provides guidance on warranty responsibility allocation and handles disputes when responsibility is contested.
Texas Legal History
No state-specific litigation involving Cavco Industries in Texas has been identified in public records as of this writing.
Relevant Texas Laws
Provides buyers with additional remedies for misleading representations made during the home sales process, including the potential for treble damages in cases of knowing or intentional conduct.
Requires homeowners to provide written notice and a 60-day inspection period before filing a construction defect lawsuit against a builder.
Governs express warranty obligations for residential construction. Texas does not impose a statutory implied warranty of habitability on new home builders.
Texas Key Facts
- 1Texas does not have a statutory implied warranty of habitability for new construction.
- 2Mandatory arbitration clauses are generally enforceable under both the Federal Arbitration Act and the Texas General Arbitration Act.
- 3Texas has no statutory cooling-off period for new construction purchase agreements.
- 4The Texas Residential Construction Commission was abolished in 2009.
- 5The RCLA requires 60-day written notice to the builder before filing a construction defect lawsuit.
- 6The DTPA allows consumers to seek damages for false, misleading, or deceptive acts in the sale of goods and services, including new homes.
What Texas Buyers Should Know
- File complaints with the TDHCA Manufactured Housing Division. The Texas Department of Housing and Community Affairs Manufactured Housing Division handles consumer complaints related to manufactured home quality, installation, and dealer conduct. This is an important resource for Texas buyers.
- Know your DTPA rights. The Texas Deceptive Trade Practices Act provides protections for manufactured home buyers. If the dealer or manufacturer made misleading representations, the DTPA may provide a private right of action with potential treble damages.
- Verify dealer and installer licensing. Texas requires licensing for manufactured home retailers and installers. Verify that the dealer and installer are properly licensed through the TDHCA before signing a purchase agreement.
- Inspect the home thoroughly after installation. Transportation and installation can cause damage to manufactured homes. Arrange for independent inspection after setup and before final acceptance. Document any defects immediately in writing.