10 TAC § 80.38. Right to Advance Copy of Certain Documents

(a) A consumer may modify or waive the right to rescind the deadlines for disclosures before the execution of the contract if the consumer determines that the purchase transaction is needed to meet a

bona fide

emergency. To modify or waive the right, the consumer shall give the retailer a dated written statement that describes the emergency, specifically modifies or waives the notice periods, and bears the signature of all the consumers entitled to the disclosures and right of rescission. Printed forms for this purpose are prohibited, except as set forth on the Department's website.

(b) Printed forms may be used to the rights as provided for in §1201.164 of the Standards Act only if:

(1) The basic form set forth on the Department's website is used; and

(2) The Director has reviewed and approved the language used to describe the specific declared emergency.

(c) A retailer or manufacturer may not transfer ownership of a new or used HUD-code manufactured home or otherwise sell, assign, or convey a HUD-code manufactured home to a consumer unless the retailer or manufacturer delivers to the consumer a formaldehyde health notice.

(1) The formaldehyde health notice must be delivered before the execution of a mutually binding sales agreement or retail installment sales contract.

(2) The formaldehyde health notice will be provided on the Manufactured Housing Division's website. The notice must be of the type, size and format required by the director. A retailer or manufacturer may not vary the content or form of the notice.

(3) The formaldehyde health notice may be combined with other disclosures, if deemed appropriate.