Virginia Manufactured Housing Board Department of Housing and Community Development
by Lorenzo E. Dyer
Greetings to the VAMMHA members and friends. This writing is about what has come to be characterized by many as the “dreaded” On-site Inspection/Investigation. As consumer complaints come about, from time to time resolving those complaints and moving the issue(s) toward resolution and closure is assisted in utilizing this process. Over the past years working with dealers and manufacturers, I have been impressed with the number of complaints where dealers and/or manufacturers will go to great lengths to resolve a consumer’s complaints. Those efforts on one hand establish good customer relations and on the other hand avoid the state’s involvement. Attempts to resolve complaints by dealers or manufacturers is an appropriate course of action; that ultimately, the complaint is resolved utilizing resources of service departments working with consumers, dispatching service personnel addressing the specific issues of the complaint.
Although provisions for the On-site Inspection/Investigation are provided for in the Federal Construction Standards of HUD as well as the Virginia Manufactured Housing Licensing Regulations as a tool to resolve disputes, no clear definition is provided for in either source. Nevertheless, the procedures are fully intended to achieve clear objectives. All events scheduled through the State Building Code Administrative Office (SBCAO) follow set guidelines for scheduling, notification, objectives, procedures and reporting findings. First, all On-site Inspections/Investigations are initiated by a consumer complaint and with few exceptions are submitted in writing to the SBCAO. In the consumer complaint is listed issues regarding the condition of the home, issues concerning the negotiated sale or perhaps some complaint(s) pertaining to the salesperson. There could also be information of some questionable action on the part of the retail center or the manufacturer listed. Second, the objective of the On-site Inspection/Investigation is to enter into a formal process that confirms the actual condition of the home in relation to the complaint that is filed. All involved parties (owner, retailer, service persons, contractors, building official, attorney) are notified and informed of the date, time and location of the event.
Thirdly, during the event the items of the complaint are sorted out to determine a) whether the complaint issue is regulated under current Regulation (s), b) whether the listed complaint item (s) require any correction by the regulant, and c) whether the items determined to require correction are the dealer/retailer’s responsibility to correct or whether the responsibility to correct is the home’s manufacturer. There may be instances that categories of set-up related issues may be evaluated as well. Determining the responsible party and the required service concerning the condition of the home is based primarily upon the Regulation that applies to the specific issue in question. There is no question that issues resulting in an On-site Inspection/Investigation are oftentimes already escalated beyond the involved parties’ abilities to resolve. Through this process there is an expected level of engagement to allow the complaint to be addressed and bought to closure. The process as administered through the SBCAO utilizes standard procedures and practices that if followed aids in establishing processes of resolution.
On occasions when a consumer complaint generates additional processes beyond the dealer and manufacturer notification to the On-site Inspection/Investigation, there are some helpful suggestions to assist involved parties to understand and complete the process most effectively and efficiently.
- Whenever you are notified by the SBCAO of an On-site Investigation, always acknowledge receipt of the notification.
- Upon receipt of the notification of a scheduled event, respond to notify the SBCAO of your intention to attend. If management is not able to attend a service representative or salesperson representing the licensed regulant is appropriate.
- Participate in the Investigation process with an open mind and a willingness to complete the process. Other than clarification regarding existing conditions, the Investigation should provide some agreement and consensus concerning outstanding issues and proposed resolutions.
- Avoid adversarial or confrontational attitudes about the complaint issues or about the complainant. This process will adequately identify the issues between involved parties. Some issues may require further investigation to bring to closure but all issues should be presented and addressed to the extent required according to applicable Regulation.
- Approach your involvement and participation in the Investigations process as an extension of your efforts to continue providing outstanding customer service. Seldom, if at anytime during this process, is any one party always right. Likewise, seldom if at anytime is any one party always wrong. Through your participation and encouragement in support of the procedure there is the added opportunity to extend confidence and appreciation to your customer.
As stated the On-site Inspection/Investigation is utilized as a tool for resolution of issues in dispute. Understanding and participating cooperatively is beneficial. That is not to say questions should not be asked or complaint issues scrutinized. It is to say, however that sometimes the very thing we dread may also serve to assist to calm anxieties or ease mounting tensions. All in all you should realize that On-site Inspections/Investigations are intended to serve as much to a beneficial advantage for the Industry as may be achieved through other regulatory requirements.