Which License is needed for a park owner to Rent to Own mobile homes in his/her community to conform with the SAFE ACT? … Texas.Broker or Retailer?
It is not the safe act, it is the Texas requirement you be licensed. You should have a RBI. Can you get away with less… maybe,if you never set a home and never rehab one. The RBI is a weekend class and a test. Austin is a nice place to visit. You sales person needs to be licensed under you- or you can designiate them, but that has risks.
So what is all the talk about getting licensed to conform with the SAFE act?
In order to sell used homes in Texas you have to have a Retailer and/or Broker license. If you sell new homes, you must also have an Installer license. The two or three licenses are granted after you pass a test in Austin (and everyone pretty much passes, they give you the answers). The first part of the course includes the info for a “Salesperson” license.
Separately, if you LEND money then you need to be SAFE act certified and obtain a creditor’s license from the Texas Office of Consumer Credit Commission. (OCCC).
The SAFE issue is that a lease-to-own can be construed as a disguised mortgage and therefore a true “sale” as of the date of the contract (not the date of execution of the option). For this reason we do not do any lease-to-own contracts, but only “true” sales through a licensed OCCC MLO (mortgage loan originator). (And/or “true” rentals without any option).
Brandon@Sandell (not Brandon Reynolds, but hey great new site design, I think.)
good explanation Brandon. So as long as I am not Lending and only selling I can get by with the appropriate Texas license?
So that being said the new CASH program they are saying I need to be licensed to use the program. I would probably need the combo of retailer/broker/installer Texas license I assume.
Indeed, for the CASH program you would need an RBI license in Texas.
What is the other alternative to get the homes using the CASH program without the RBI license? Can someone work with the community owners and take a small fee?