The 2023 Florida Statutes (including Special Session C)

Title XXIII
MOTOR VEHICLES

Chapter 320
MOTOR VEHICLE LICENSES

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F.S. 320.835

320.835 Mobile home and recreational vehicle warranties.—Each manufacturer, dealer, installer, and supplier of mobile homes or recreational vehicles shall warrant each new mobile home or recreational vehicle sold in this state and the setup of each such mobile home, in accordance with the warranty requirements prescribed by this section, for a period of at least 12 months, measured from the date of delivery of the mobile home to the buyer or the date of sale of the recreational vehicle in the case of a manufacturer or dealer, or from the date of receipt of a certificate of occupancy in the case of an installer. The warranty requirements of each manufacturer, dealer, installer, and supplier of mobile homes or recreational vehicles are as follows:

(1) The manufacturer warrants:

(a) For a mobile home or recreational vehicle, that all structural elements; plumbing systems; heating, cooling, and fuel-burning systems; electrical systems; fire prevention systems; and any other components or conditions included by the manufacturer are free from substantial defect.

(b) That 100-ampere electrical service exists in the mobile home.

(2) The dealer warrants:

(a) That any modifications or alterations made to the mobile home or recreational vehicle by the dealer or authorized by the dealer shall be free from substantial defect. Alterations or modifications made by a dealer shall relieve the manufacturer of warranty responsibility only as to the item altered or modified.

(b) That setup operations performed on the mobile home are performed in compliance with s. 320.8325.

When the setup of a mobile home is performed by a person who is not an employee or agent of the mobile home manufacturer or dealer and is not compensated or authorized by, or connected with, such manufacturer or dealer, then the warranty responsibility of the manufacturer or dealer as to setup shall be limited to transporting the mobile home to the occupancy site free from substantial defect.

(3) The installer warrants that the setup operations performed on the mobile home are performed in compliance with s. 320.8325 and department rules governing the installation.

(4) The supplier warrants that any warranties generally offered in the ordinary sale of his or her product to consumers shall be extended to buyers of mobile homes and recreational vehicles. When no warranty is extended by suppliers, the manufacturer shall assume warranty responsibility for that component.

(5) The department may adopt rules under chapter 120 to resolve disputes that may arise among the mobile home manufacturer, dealer, installer, or supplier. Those rules must comply with the dispute resolution process as set forth in the federal Manufactured Housing Improvement Act.

History.—s. 16, ch. 74-68; s. 9, ch. 74-169; s. 42, ch. 77-357; s. 2, ch. 81-318; ss. 19, 20, ch. 88-147; s. 4, ch. 91-429; s. 379, ch. 95-148; s. 9, ch. 2004-283.

F.S. 320.835 on Google Scholar

F.S. 320.835 on Casetext

Amendments to 320.835

Arrestable Offenses / Crimes under Fla. Stat. 320.835

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 320.835.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NATIONWIDE MUTUAL FIRE INSURANCE CO. v. GENERAL MOTORS CORPORATION,, 415 F. Supp. 2d 769 (N.D. Ohio 2006)

. . . . § 320.835, the specific statute under which plaintiffs assert the fifth claim for relief, provides . . . Court that the Muhs are “buyers” who can legitimately bring their claim against Newmar under F.S.A. § 320.835 . . . survives Newmar’s motion for summary judgment as supplemented is the fifth claim for relief under F.S.A. § 320.835 . . . defendants, plus a claim against only defendant Newmar for alleged violation of Florida Statutes Annotated § 320.835 . . .

E. GRIFFIS v. LEISURE TYME RV, INC. a a a a a, 884 So. 2d 241 (Fla. Dist. Ct. App. 2004)

. . . Leisure Tyme, Newmar and Commonwealth Bank (count II); violation of statutory warranty under section 320.835 . . . However, we reverse the dismissal of the breach of statutory warranty claim under section 320.835, Florida . . . On this issue, the trial court erroneously found that section 320.835 was inapplicable. . . . The language of section 320.835 is clear and applies to recreational vehicles. . . . The order awarding attorney’s fees and costs to New-mar based on the section 320.835 claim is also reversed . . .

E. PARSONS G. v. MOTOR HOMES OF AMERICA, INC., 465 So. 2d 1285 (Fla. Dist. Ct. App. 1985)

. . . manufacturer’s limited warranty, violation of the Magnuson-Moss Federal Warranty Act, and violation of Section 320.835 . . .