Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas March 22, 1978 JOHN L. HILL Attorney General Honorable Chris Victor Semos Opinion No. H-1141 Chairman, Committee on Business and Industry Re: Application of article 5221f House of Representatives to lessors of mobile homes. Austin, Texas Dear Mr..Semos: You ask whether, in light of 19’77amendments, a lessor of mobile homes is a ‘dealer” or ‘salesperson” as those terms are used in article 5221f, V.T.C.S. Prior to its amendment by Senate Bill 305, [Acts 1977, 65th Leg., ch. 139 at 2881 section 3 of article 5221f defined “dealer” to include a person who buys for resale, sells, exchanges, leases or rents mobile homes. “Salesperson” was defined as a person who sold, auctioned or rented mobile homes. Senate Bill 305 amended section 3 to define “dealer” as a person who buys for resale, sells or exchanges mobile homes or offers such for sale, exchange or lease- purchase. The definition of Ulesperson” was amended to “any person who . . . sells or lease-purchases or offers to sell or lease-purchase mobile homes to consumers as an employee or agent of a dealer.” The clear legislative intent was to remove mere lessors from these definitions. Accordingly, in our opinion a person who leases mobile homes is not a dealer or salesperson under article 5221f unless the lease contract includes a provision conferring on the lessee an option to purchase the mobile home. Article 5221f, S 3(n). SUMMARY A lessor of mobile homes is not a dealer or salesperson under article 5221f unless the lease contains a provi- sion conferring on the lessee an option to purchase the mobile home. /’ Attorney General of Texas I/’ P. 4642 Honorable Chris Victor Semos - Page 2 (H-1141) APPROVED: Opinion Committee ’ Ist p. 4643