Seal

Office of the Attorney General
State of Texas


 

March 22, 1978

Honorable Chris Victor Semos
Chairman
Committee on Business and Industry
House of Representatives
Austin, Texas

Opinion No. H-1141

Re: Application of article 5221f to lessors of mobile homes.

Dear Mr. Semos:

You ask whether, in light of 1977 amendments, a lessor of mobile homes is a 'dealer' or 'salesperson' as those terms are used in article 5221f, V.T.C.S.

Prior to its amendment by Senate Bill 305, [Acts 1977, 65th Leg., ch. 139 at 288] section 3 of article 5221f defined 'dealer' to include a person who buys for resale, sells, exchanges, leases or rents mobile homes. 'Salesperson' was defined as a person who sold, auctioned or rented mobile homes. Senate Bill 305 amended section 3 to define 'dealer' as a person who buys for resale, sells or exchanges mobile homes or offers such for sale, exchange or lease-purchase. The definition of 'salesperson' was amended to 'any person who . . . sells or lease-purchases or offers to sell or lease-purchase mobile homes to consumers as an employee or agent of a dealer.' The clear legislative intent was to remove mere lessors from these definitions. Accordingly, in our opinion a person who leases mobile homes is not a dealer or salesperson under article 5221f unless the lease contract includes a provision conferring on the lessee an option to purchase the mobile home. Article 5221f, s 3(n).

SUMMARY

A lessor of mobile homes is not a dealer or salesperson under article 5221f unless the lease contains a provision conferring on the lessee an option to purchase the mobile home.

      Very truly yours,

      Hill signature

      John L. Hill
      Attorney General of Texas

      APPROVED:

      David M. Kendall
      First Assisant

      C. Robert Heath
      Chairman Opinion Committee


Texas OAG home page | Opinions & Open Government