New Consumer Disclosure and SO Application Forms; New TX Regs

Change is in the air. This post addresses several of the recent form and regulation changes for licensees in the manufactured housing (MH) industry of Texas. Make sure your processes have been updated to use the most recent versions of the forms.

New Consumer Disclosure Form: The MH Division of TDHCA has modified the Consumer Disclosure form that must be given before a MH retail sale in Texas. The new form adds an additional paragraph about the process to convert a personal property MH to real property, assuming the same person owns both the home and the land.

This form change dovetails with the recent changes of the new law that went into effect on September 1, 2025 to implement S.B. 1341, which was advocated for by your TMHA Lobby Team.

The Consumer Notice still must be provided before both a credit and cash sale. But what the law changed was the previous requirement that the Consumer Notice had to be given and then the consumer had to wait 24-hours before proceeding to the next steps of the sales process.

New Statement of Ownership Form – The MH Division recently completed its required board approved form revision for the Statement of Ownership Application. The changes were necessary to implement a new law, S.B. 1940, that allows an easier and expedited home title transfer for a personal property MH to a “beneficiary designation” following the death of the owner. The Statement of Ownership Application changed in Block 5 by adding a paragraph and check box if an owner wants to designate a beneficiary. In addition to the check-box on the Statement of Ownership Application, an owner would also need to fill out an Affidavit of Fact Beneficiary Designation.

And finally, a modification of the Administrative Regulations was approved by the MH Division Board on November 10, 2025. The final rule will soon be added to the Rules (after it is posted in the Texas Register). The rule revision aligns the regulations with the current practice, and in conjunction with the recent MH Division Announcement – “Clarification of Filing Deadlines.” 

When filling out Block 4d on the Statement of Ownership Application that asks for the, “date of sale, transfer or ownership change,” the department announced in early fall of 2025 that they interpret that to mean, “date of transfer, ownership change, or the date the full purchase price has been paid or funded by or on behalf of the buyer, or the delivery date, whichever is later.” 

The recent rule change is to further mirror with this interpretation that would dictate that a date could be added in the future when the later of “fully funded or delivery” has occurred.

Often these dates are not known at the time when the rest of the Statement of Ownership is filled out initially with the consumer. But in order to comply with the department’s interpretation, as well as providing a date in the future that better tracks when the final and completed Statement of Ownership Application will be submitted (to submit the Application within the state law mandated 60-day window), this date mostly likely will need to be left blank when initially filling out the Application. The new rule change aligns with this practice by specifically allowing in: 80.32(n) the following (the new language is in bold):

Notwithstanding the date of sale, transfer, or ownership change or the date of installation on the application for a Statement of Ownership, a retailer may not request or accept any document that is executed in blank or allow any alteration to a completed document without the consumer’s initialing and dating such changes to indicate agreement to them. Where information is not available, a statement of that fact (e.g., TBD – to be determined, not available, N/A, not applicable, or the like) may be entered in the blank. A consumer must be provided with copies of all documents they execute.

Until such time when the Texas Legislative Session reconvenes so that the law could be further clarified, the series of interim steps should provide the flexibility to alleviate most of the timing submission issues.