Occupations Code § 1201.164

Sec. 1201.164. CONSUMER MODIFICATION OR WAIVER OF RIGHT OF RESCISSION. Before the execution of the sales purchase contract, the consumer may modify or waive the right to rescind if the consumer determines that the purchase of the manufactured home is needed to meet a bona fide personal emergency. If the consumer has a bona fide personal emergency that necessitates the immediate purchase of the manufactured home, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the right of rescission, and bears the signature of all of the consumers entitled to the right of rescission. In such event the retailer shall immediately give the consumer all of the disclosures required by this code and sell the manufactured home without the right of rescission. The department shall verify with the consumer the consumer's bona fide personal emergency before issuing the statement of ownership. Added by Acts 2003, 78th Leg., ch. 338, Sec. 10, eff. June 18, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 10, eff. June 18, 2005. Acts 2005, 79th Leg., Ch. 1284 (H.B. 2438), Sec. 34(1), eff. June 18, 2005. Acts 2007, 80th Leg., R.S., Ch. 863 (H.B. 1460), Sec. 24, eff. January 1, 2008. Acts 2017, 85th Leg., R.S., Ch. 408 (H.B. 2019), Sec. 22, eff. September 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 56 (S.B. 1341), Sec. 5, eff. September 1, 2025. SUBCHAPTER E. MANUFACTURED HOME STATEMENTS OF OWNERSHIP