--- kind: "section" citation: "42 U.S.C. § 5412" title: "42" title_heading: "The Public Health and Welfare" number: "5412" heading: "Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase by manufacturer or repair by distributor or retailer; reimbursement of expenses, etc., by manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/5412" units: - "Chapter 70 — Manufactured Home Construction and Safety Standards" --- # §5412. Noncompliance with standards or defective nature of manufactured home; administrative or judicial determination; repurchase by manufacturer or repair by distributor or retailer; reimbursement of expenses, etc., by manufacturer; injunctive relief against manufacturer for failure to comply; jurisdiction and venue; damages; period of limitation - (a) If the [Secretary](/usc/42/5402.md?p=11) or a court of appropriate jurisdiction determines that any [manufactured home](/usc/42/5402.md?p=6) does not conform to applicable [Federal manufactured home construction and safety standards](/usc/42/5402.md?p=7), or that it contains a [defect](/usc/42/5402.md?p=3) which constitutes an [imminent safety hazard](/usc/42/5402.md?p=9), after the sale of such [manufactured home](/usc/42/5402.md?p=6) by a [manufacturer](/usc/42/5402.md?p=5) to a [distributor](/usc/42/5402.md?p=4) or a [retailer](/usc/42/5402.md?p=2) and prior to the sale of such [manufactured home](/usc/42/5402.md?p=6) by such [distributor](/usc/42/5402.md?p=4) or [retailer](/usc/42/5402.md?p=2) to a [purchaser](/usc/42/5402.md?p=10)— - (1) the [manufacturer](/usc/42/5402.md?p=5) shall immediately repurchase such [manufactured home](/usc/42/5402.md?p=6) from such [distributor](/usc/42/5402.md?p=4) or [retailer](/usc/42/5402.md?p=2) at the price paid by such [distributor](/usc/42/5402.md?p=4) or [retailer](/usc/42/5402.md?p=2), plus all transportation charges involved and a reasonable reimbursement of not less than 1 per centum per month of such price paid prorated from the date of receipt by certified mail of notice of such nonconformance to the date of repurchase by the [manufacturer](/usc/42/5402.md?p=5); or - (2) the [manufacturer](/usc/42/5402.md?p=5), at his own expense, shall immediately furnish the purchasing [distributor](/usc/42/5402.md?p=4) or [retailer](/usc/42/5402.md?p=2) the required conforming part or parts or equipment for installation by the [distributor](/usc/42/5402.md?p=4) or [retailer](/usc/42/5402.md?p=2) on or in such [manufactured home](/usc/42/5402.md?p=6), and for the installation involved the [manufacturer](/usc/42/5402.md?p=5) shall reimburse such [distributor](/usc/42/5402.md?p=4) or [retailer](/usc/42/5402.md?p=2) for the reasonable value of such installation plus a reasonable reimbursement of not less than 1 per centum per month of the [manufacturer](/usc/42/5402.md?p=5)’s or [distributor](/usc/42/5402.md?p=4)’s selling price prorated from the date of receipt by certified mail of notice of such nonconformance to the date such vehicle is brought into conformance with applicable Federal standards, so long as the [distributor](/usc/42/5402.md?p=4) or [retailer](/usc/42/5402.md?p=2) proceeds with reasonable diligence with the installation after the required part or equipment is received. The value of such reasonable reimbursements as specified in paragraphs (1) and (2) of this subsection shall be fixed by mutual agreement of the parties, or, failing such agreement, by the court pursuant to the provisions of [subsection (b)](#b). - (b) If any [manufacturer](/usc/42/5402.md?p=5) fails to comply with the requirements of [subsection (a)](#a), then the [distributor](/usc/42/5402.md?p=4) or [retailer](/usc/42/5402.md?p=2), as the case may be, to whom such [manufactured home](/usc/42/5402.md?p=6) has been sold may bring an action seeking a court injunction compelling compliance with such requirements on the part of such [manufacturer](/usc/42/5402.md?p=5). Such action may be brought in any district court in the United States in the district in which such [manufacturer](/usc/42/5402.md?p=5) resides, or is found, or has an agent, without regard to the amount in controversy, and the person bringing the action shall also be entitled to recover any damage sustained by him, as well as all court costs plus reasonable attorneys’ fees. Any action brought pursuant to this section shall be forever barred unless commenced within three years after the cause of action shall have accrued. ## Source credit (Pub. L. 93–383, title VI, § 613, Aug. 22, 1974, 88 Stat. 706; Pub. L. 96–399, title III, § 308(c)(4), Oct. 8, 1980, 94 Stat. 1641; Pub. L. 106–569, title VI, § 603(b)(1), Dec. 27, 2000, 114 Stat. 2999.) ## Notes ### Editorial Notes ### Amendments 2000—Subsecs. (a), (b). Pub. L. 106–569 substituted “retailer” for “dealer” wherever appearing. 1980—Subsecs. (a), (b). Pub. L. 96–399 substituted “manufactured home” for “mobile home” wherever appearing. ### Statutory Notes and Related Subsidiaries ### Effective Date of 2000 Amendment Amendment by Pub. L. 106–569 effective Dec. 27, 2000, except that amendment has no effect on any order or interpretative bulletin issued under this chapter and published as a proposed rule pursuant to 5 U.S.C. 553 on or before Dec. 27, 2000, see section 612 of Pub. L. 106–569, set out as a note under section 5401 of this title. ### Effective Date Section effective upon the expiration of 180 days following Aug. 22, 1974, see section 627 of Pub. L. 93–383, set out as a note under section 5401 of this title.