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