CONSUMER RECOVERY FUND
Only consumers who have been damaged by the acts or omissions of licensed dealers or brokers of manufactured homes, mobile homes or factory-built buildings designed for residential use can file a claim against the Consumer Recovery Fund. The consumers' complaint items must be verified as dealer responsibility before the Department can have a consumer Recovery Fund hearing scheduled on behalf of the consumer filing the claim. Only those complaint items that have been verified as dealer responsibility can be entertained by the Consumer Recovery Fund.
How Long is a Claim Valid
A claim can be made for up to two (2) years from the date of installation, or the date of purchase, whichever is later.
What damage may be claimed from the Recovery Fund
Recovery Fund claims are limited to actual damages, not interest or attorney fees. It is not limited in terms of other possible claims.
What is needed to have my claim verified
The Department must first receive the consumer's written and signed complaint against the licensed dealer or broker. Consumer must provide first and last name, mailing address, daytime phone number and/or cell phone number, unit description (year, manufacturer and serial number), and unit location. The consumer must list the individual complaint items and provide documentation to support any claims made against the dealer or broker. In addition, the consumer may provide his or her email address.
What happens after my complaint is verified
A copy of the Department's written determination of the complaint items is sent to the consumer and to the dealer or broker in the form of the 'Verified Complaint & Sign-Off Form'. Both the consumer and the dealer or broker have the right to request an appeal hearing within 30 days from the date that the Verified Complaint & Sign-Off Form is received by the parties. After the appeal period is exhausted, the Complaints Manager will contact the Arizona Office of Administrative Hearings, a separate State agency that hears administrative hearings for all State agencies, to request a recovery fund hearing date and time. That agency will respond the Department's request and provide the Department with the date and time assigned for the Consumer Recovery Fund hearing. The Notice of Hearing will provide the date, time and location of the hearing.
The Department will not present your case to the Administrative Law Judge. You may represent yourself or, if you have legal counsel, you may have your attorney represent you in the hearing. At the hearing, you will be required to present evidence and/or witnesses that you believe will support your allegations. This evidence may consist of, but is in no way limited to, the following:
- Front and back of your purchase agreement.
- Earnest money receipts you received from the dealership.
- Front and back of any canceled check(s) that relate to monies you paid the dealer or broker or to out-of-pocket expenses you incurred to repair/replace item(s) which have been verified by the Department as the dealer's responsibility to correct.
- Front and back of financial lender's installment contract.
- Verified Complaint & Sign-Off form from the Department.
- Itemized estimates from properly licensed contractors for complaint items verified, by the Department, as the dealer's responsibility to correct. You should make every attempt to obtain at least three estimates for each item.
- Any advertisement, promotional or sales brochures received in connection with your sale.
- Any other pertinent documentation.
You must bring originals or legible copies of all documents you will present at your hearing.
How long does it take to receive any payments that are granted
Approximately 60-65 days from the date of mailing of the Order, signed by the Director of the Department. The Order will state that the Recommended Decision of the Administrative Law Judge has been adopted by the Director as his decision in the matter.