Dispute Resolution

PURPOSE: To establish, pursuant to section 700.689, RSMo, a manufactured housing dispute resolution program to promote the timely resolution of disputes among manufacturers, dealers, and installers of manufactured homes. (1) After completion of an initial inspection of a manufactured home, a dispute resolution process may be initiated in order to resolve disputes between the manufacturer, the dealer, and the installer of the home. This process may be initiated at the request of the manager, or upon a manufacturer, dealer, or installer having submitted to the manager a written request within fourteen (14) days after receipt of the manager’s initial inspection report. (2) All dispute resolutions shall be conducted at the site of the manufactured home, unless determined by the manager to be unreasonable or impracticable to do so. Upon the decision to initiate the dispute resolution process or upon receipt of a written request to do so, the manager shall notify in writing all parties of the time and place of the dispute resolution. In attempting to schedule the dispute resolution, the manager shall make a good faith effort to consider the input of the parties. The homeowner shall have the right to attend the dispute resolution, to provide input at the request of the manager, and to be informed of the outcome. (3) The manufacturer, dealer, and installer shall be required to attend the dispute resolution at the time and place determined by the manager. Any party who fails to attend the dispute resolution shall be deemed to have waived its right to provide input in the process. (4) Each inspection item in dispute shall be discussed at the dispute resolution. All parties shall be given the opportunity to present their position in respect to disputed items. The parties shall also discuss with the manager a timeline for completion of any disputed items and work to reach an agreement thereon. (5) Within ten (10) days of the dispute resolution, the manager shall send to the parties a final inspection report that identifies which party has been determined by the manager to be responsible for repairing the items originally in dispute. This inspection report shall also include a date by which the required repairs shall be completed. (6) Reasonable extensions to the required completion dates may be granted by the manager under circumstances including, but not limited to, impracticability due to weather or the ability of a party to obtain engineering or permit approvals. (7) If the repairs are not completed by the original or duly-extended deadline, the manager, after consultation with the commission staff director, may file a formal complaint with the commission. (8) In any case where a deficiency is determined by the manager to be an imminent safety hazard or to constitute a serious structural defect, the manager may file a request asking the commission for an immediate hearing of the dispute. AUTHORITY: section 700.689, RSMo 2016.* This rule originally filed as 4 CSR 240125.090. Original rule filed Oct. 4, 2010, effective April 30, 2011. Amended: Filed July 6, 2017, effective March 30, 2018. Moved to 20 CSR 4240-125.090, effective Aug. 28, 2019. *Original authority: 700.689, RSMo 2004.