Sec. 347.455. REAL PROPERTY IN CREDIT TRANSACTION. (a) A creditor and consumer may agree to include real property in the cash price of a credit transaction if:
(1) the real property does not exceed 200 acres;
(2) the real property is purchased by the consumer simultaneously or in conjunction with the purchase of the manufactured home, regardless of whether the real property and manufactured home are sold by the same person; and
(3) the creditor and consumer agree that the manufactured home is to be attached to the real property within a reasonable time.
(b) If the real property is included in the cash price of a credit transaction, the creditor may:
(1) charge a fee that is ordinarily associated with a real property transaction and is not prohibited by law, including a fee that is associated with a real property transaction and excluded from a finance charge under this chapter by the Consumer Credit Protection Act (15 U.S.C. Section 1601 et seq.) and 12 C.F.R. Section 226.1 et seq. (Regulation Z) adopted under that Act; and
(2) elect to treat the manufactured home as if it were residential real property for all purposes in connection with the credit transaction by conspicuously disclosing that election to the consumer.
(c) On an election under Subsection (b)(2):
(1) the credit transaction is considered to be a residential real property loan for all purposes; and
(2) this chapter, other than the definitions assigned by this chapter, does not apply to the credit transaction.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Last modified: September 28, 2016