Who is the Consumer of the Manufactured Goods?

By: John Taylor, "The American Internet Society of Manufactured Homeowners"

In our conversations with legislators, it has become clear that too many lawmakers and their staff have accepted the misrepresentation that the consumer of the manufactured goods, are in fact the manufacturers own retailers, the agents who sell their product. As a result, the manufacturers have enjoyed a break in the chain of custody between themselves and the true and only persons who can be the consumers of their product. As a result, this has allowed the manufacturer to distance, if not be entirely removed from their liability for their claims of material fact and their product's performance to those written representations of material fact.

The manufacturer is responsible to the consumer and not the customer for the safety, durability, quality, and in general, the performance of their product. Being a customer of the manufacturer does require the consumption or purchase of the manufacturer's goods. The retailer, distributor, or dealer CANNOT be the CONSUMER or PURCHASER of the manufacturer's goods and this is clearly defined in both the FMHCSS Act and in Webster's Dictionary.

To help you understand whom the manufacturer is responsible to for their product's performance and represented material fact we will use the FMHCSS Act and Webster's New World College Dictionary, Fourth Edition. The use of Webster's Dictionary is, to insure that no one can lead you to believe that the Act's definitions are arbitrarily unfair to the poor abused manufacturers of this product.

A person is no longer a customer, at the point of purchase where they become the consumer of the goods. The dealer, distributor, or retailer can be defined as customers, but being a customer does not require the purchase, or the consumption of goods or services. When a person is a consumer or purchaser of a new manufactured home, this person cannot be a dealer, retailer, or distributor of goods from the original source.

Webster's Dictionary

Consumer; is defined as, a person who buys goods or services for personal needs and not for resale or in the production of other goods for resale.

The FMHCSS Act

Sec. 5402(10) "purchaser" means the first person purchasing a manufactured home in good faith for purposes other than resale.

Sec. 5402 (2) "dealer" means any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale.

Webster's Dictionary

Customer; is defined as any person one has dealings with, and dealings is defined as the act of one who deals; distribution.

When the manufacturer created this indirect path between themselves, and the true consumers of their goods, they in fact cause the product offered by their agents, the retailer, distributor, or dealer to be secondhand merchandise. Secondhand, is defined as not directly from the original source.

This creates a quandary for manufacturers, if they stay the course that it is the retailer, distributor, or dealer who is the consumer of their goods. This would mean that the retailers, distributors, or dealers have been selling secondhand merchandise, while representing it as firsthand goods directly from the original source or not previously owned. They have created a maze of deceptions, and have themselves become trapped in this maze of their own construction. To close any exits for them from their maze of deception, we will use the manufacturer's WARRANTIES.

Webster's Dictionary

Purchaser; is defined as a person who obtains by buying. Obtains is to take possession of, and possession is defined as being possessed, as by ownership or occupancy.

Warranty is defined as the seller's assurance or guarantee to the purchaser that the goods or property is or shall be as represented and, if not, will be replaced or repaired.

Many lose sight that when a manufacturer certifies in writing, their product as being built compliant to the Federal Standards that they guarantee the quality and worth of what is certified. A guarantee is defined as a pledge that something is as represented and will be replaced if it does not meet specifications.

The manufacturer does in fact materially represent in the form of written advertisement to the purchaser that their product conforms to the Federal standards, by affixing the Manufacturer's Red Label, or enumerated certificate of compliance, to their product. This makes this certification a seller's written warranty, which may not be waved by arbitrarily applying State laws, governing implied warranties, and the affect of such implied warranties. The manufacturer is therefore responsible to the purchaser or consumer for their material representation, or advertisement in the form of the Manufacturer's Red label certificate of compliance with the federal standards.

It is legally, and definitively impossible for the retailer, distributor, or dealer, to be the purchaser or consumer of a new HUD-code home, hence, this written guarantee or written warranty can only apply to the user or consumer of the manufacturers product. If the manufacturer and their agent associations insist that this warranty or guarantee applies only to the retailer, distributor or dealer, then these businesses can only offer this product to the public as secondhand merchandise, or not directly from the source. Any form of communication, to the contrary of this material fact, would be fraudulent.