[CLC-Discussion] Modular Home Dealer

Fri Nov 17 07:35:14 PST 2017

David is correct.  See below.

489.105(6) “Contracting” means, except as exempted in this part, engaging in business as a contractor and includes, but is not limited to, performance of any of the acts as set forth in subsection (3) which define types of contractors. The attempted sale of contracting services and the negotiation or bid for a contract on these services also constitutes contracting. If the services offered require licensure or agent qualification, the offering, negotiation for a bid, or attempted sale of these services requires the corresponding licensure. However, the term “contracting” shall not extend to an individual, partnership, corporation, trust, or other legal entity that offers to sell or sells completed residences on property on which the individual or business entity has any legal or equitable interest, or to the individual or business entity that offers to sell or sells manufactured or factory-built buildings that will be completed on site on property on which either party to a contract has any legal or equitable interest, if the services of a qualified contractor certified or registered pursuant to the requirements of this chapter have been or will be retained for the purpose of constructing or completing such residences.

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of David C. Agee, Esq.
Sent: Friday, November 17, 2017 9:59 AM
To: Michael J. Barker
Cc: clc-discussion at lists.flabarrpptl.org; Kelley Chida
Subject: Re: [CLC-Discussion] Modular Home Dealer

The ultimate installer must be licensed to set the unit.

David C. Agee, Esquire

REID & AGEE, PLLC

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Bradenton, FL 34205

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-----Original Message-----

From: "Michael J. Barker" <mbarker at qpwblaw.com<mailto:mbarker at qpwblaw.com>>

Sent: Friday, November 17, 2017 9:34am

To: "clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>" <clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>>

Cc: "Kelley Chida" <kelley.chida at qpwblaw.com<mailto:kelley.chida at qpwblaw.com>>

Subject: [CLC-Discussion] Modular Home Dealer

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http://mailman.fsr.com/mailman/listinfo/clc-discussionI've actually never dealt with a modular home dealer before in any capacity.  I have a matter where we represent the lender and the modular home company (selected by the borrower).

Borrower and modular home dealer are now in a dispute that arose during the course of assembling the modular home.

Does a modular home deal need to be a licensed contractor for the purposes of installing and assembling its product?

I'm sure the answer is yes, but I simply haven't dealt with a project like this before

Any insight is appreciated.

Thanks,

MJB

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