Request By:
Les Westerfield
Chief, Manufactured Housing
Dept. of Housing, Buildings,
and Construction
Division of Fire Protection
U.S. 127 South
Frankfort, Kentucky 40601
Opinion
Opinion By: David L. Armstrong, Attorney General; By: Beverly M. Burden, Assistant Attorney General
This is in response to your request for clarification of two Attorney General Opinions, OAG 80-513 and 83-261, that appear to be in conflict with each other. OAG 80-513 stated that a real estate broker or salesman who sells a mobile home not permanently affixed to real property is subject to licensure by the Mobile Home Certification and Licensure Board, provided he or she sells or offers for sale three or more mobile homes within a twelve month period. OAG 83-261 stated that a mobile home broker who acts as a mere negotiator between the mobile home owner and prospective purchasers is not subject to licensure as a dealer. However, if the broker acquires ownership or possession for resale purposes of three or more mobile homes within a twelve month period, the broker becomes a dealer subject to the provisions of the Mobile Home and Recreational Vehicle Act (MHRVA), KRS 227.550-227.660.
In your letter you state that one purpose of this Act is to protect consumers from allowing any individual to negotiate a sale of three or more mobile homes or recreational vehicles in a twelve month period without having to meet any safety regulations set forth by the Act or regulations. However, the language of the Act and of the regulations does not indicate that they were intended to apply to someone who merely negotiates a sale. OAG 83-261 explains why a mere negotiator, i.e. a broker, is not subject to licensure as a dealer.
Although the opposite conclusion was reached in OAG 80-513, that Opinion did not thoroughly analyze the issue of whether a broker is subject to the MHRVA like OAG 83-261 did. Instead, OAG 80-513 focused on the issue of whether a mobile home is real estate or personal property in order to determine whether a real estate broker is subject to licensure by both the Kentucky Real Estate Commission and the Mobile Home and Recreational Vehicle Certification and Licensure Boards. OAG 83-261 reflects this Office's interpretation of the MHRVA and accompanying regulations as they apply to mobile home and recreational vehicle brokers.
I hope this information is helpful to you.