Re: What about Louisiana? - Posted by Colin
Posted by Colin on May 12, 2000 at 12:28:06:
I have a Louisiana dealer’s license, so I know that it can be a real pain in the neck to obtain any info on the subject. You are wasting your time with the DMV because they don’t know squat. You need to contact the Louisiana State Fire Marshall’s Office in Baton Rouge. The licensing contact there is Stephanie Glazier(1-800-256-5452)–ask for the licensing dept. She will be happy to mail you a dealer’s packet. The license will cost $100 and will expire at the end of 2000. Now it gets a little tricky. Let me explain— I will be referring to the 1998 edition of the Louisiana Sate Fire Marshal handbook for ‘Manufactured Homes Laws & Rules Pertaining to MANUFACTURERS - DEALERS - SALESMEN - INSTALLATION’ First, the definition of a ‘dealer’ 51:911.22 Definitions part(2) ‘“dealer” means any person engaged in the sale, leasing, or distribution of mobile homes or manufactured housing primarily to a person who in good faith purchases or leases a mobile home or manufactured housing for purposes other than resale. Any person who sells, leases, or distributes more than three such mobile homes or manufactured houses in any twelve month period shall be presumed to be a dealer.’
Therefore, if you are doing more than three deals a year you just get a dealer’s license right?? Well wait just a minute. Under sec. 51:911.24. License required; qualifications; application; issuance; transfer Part F. The fire marshal may, after giving the applicant notice and opportunity for a hearing as provided for in this Part, refuse to issue a license when he is satisfied that the applicant has done one of the following:(I will skip straight to 3.)
(3) 'Has no established place of business which is used or will be used for the purpose of selling, displaying, and offering for sale or dealing in mobile homes or manufactured housing.'
I will also say that I was required at the time of application to submit a copy of my business license. I am also required to send in a monthly sales report to the state DMV on all sales done the previous month.
This information makes it seem almost impossible to buy and sell(or lease) mobile homes in this state without an established place of business. I will say that I know many people who have leased several mobile homes without a license for years. I also know of a few that buy and resell homes keeping an ‘open’ title between transactions. If you do this enough times though you never know when it will catch up to you. I did it one time right before I was issued my license and there was a problem with the house ,even though my name was not on the title who do you think the buyer called to rectify the situation—me! If I would have refused to help them out that could have caused major problems. I don’t mean to discourage your interest in this business because it can be very lucrative,and like I said I know many people that make money in this business without any type of licensing. I am just a very cautious person reporting the facts. If you have any questions for me you may reach me via E-mail.
Good luck in your ventures,