(1) A seller must provide a contract with the sale of each manufactured home or tiny home and make the following disclosures in any contract for the sale of a manufactured home or tiny home: (a) That the purchaser may have no legal right to rescind the contract absent delinquent delivery or the existence of a specific right of rescission set forth in the contract; (b) If required to maintain an escrow account by the division, the seller has a separate fiduciary account in compliance with board rules and a letter of credit, certificate of deposit, or surety bond in an amount required in board rules; (c) That an aggrieved person may file a complaint with the division against the seller for a refund of any payment held in escrow by a seller; and (d) That an aggrieved person may bring a civil action pursuant to the "Colorado Consumer Protection Act", section 6-1-709, to remedy violations of seller requirements in this part 33. However, damages are limited in accordance with section 6-1-113 (2.5). (2) A contract for the sale of a manufactured home or tiny home by a seller must also contain the following provisions: (a) Either: (I) A date certain for the delivery of the manufactured home or tiny home; or (II) A listing of specified delivery preconditions that must occur before a date certain for delivery can be determined; (b) A statement that if delivery of the manufactured home or tiny home is delayed by more than sixty days after the delivery date specified in the contract of sale or by more than sixty days after the delivery preconditions set forth in the contract of sale have been met if no date certain for delivery has been set, the seller will either refund the down payment or provide a reasonable per diem living expense to the buyer for the days between the delivery date specified in the contract or the sixty-first day after the delivery preconditions set forth in the contract have been met, whichever is applicable, and the actual date of delivery, unless the delay in delivery is unavoidable or caused by the buyer; and (c) An agreed upon location for delivery of the manufactured home or tiny home to the purchaser. (3) Any seller who fails to provide a contract as required by this section, including all disclosures and provisions is subject to the suspension or revocation of the registration by the division.
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