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Tex. Occ. Code § 1201.602

ACTION AGAINST MANUFACTURER, INSTALLER, OR RETAILER: ABATEMENT OR BAR

Known as the Texas Manufactured Housing Standards Act

The act spans §§ 1201–1201 (149 sections).

Applied in 1 court decision — leading case United Residential Properties, L.P., William Maxwell and Tiffany Tallent v. Tom and Dwana Theis (2012)

Most recently applied in United Residential Properties, L.P., William Maxwell and Tiffany Tallent v. Tom and Dwana Theis (August 2012)

Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff

(a) Notwithstanding any other law, a suit alleging that a manufacturer, installer, or retailer failed to perform warranty service or failed to comply with a written or implied warranty is abated if:

(1) a plea in abatement is filed with the court not later than the 45th day after the movant's answer date; and

(2) the manufacturer, installer, or retailer requests a consumer complaint home inspection under Section 1201.355.

(b) The abatement continues until the earlier of:

(1) the date on which the department performs a consumer complaint home inspection and the manufacturer, installer, or retailer is given an opportunity to comply with the inspection report, determinations, and orders of the director; or

(2) the expiration of a period not to exceed 150 days.

(c) A consumer's refusal to allow the manufacturer, installer, or retailer to perform warranty service in accordance with the inspection report, determinations, and orders of the director bars a cause of action relating to an alleged failure to:

(1) comply with a written or implied warranty; or

(2) perform warranty service.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.