Listing Agents and Park Fees

Owners of manufactured homes may put their homes up for sale. Owners include existing home owners, joint tenants, heirs, representatives of estates, legal owners or junior lienholders.  Park managers cannot prevent the listing or sale of homes. Managers can require that owners notify managers that homes are for sale. Owners may select any real estate broker and agent to help them sell their home. Managers cannot force owners to hire a specific real estate broker, agent, dealer or person to sell their homes. Park managers may not list or show a home for sale without first obtaining the home owner’s written authorization. The Residency Law prevents park managers from withholding park approvals unless sellers use a favored individual or firm for the home sale transaction. Managers cannot require sellers to hire management as sales agents in order to obtain approval of buyers.

Park managers may not charge home sellers a transfer or selling fee according to the Residency Law. Sellers may request in writing that park managers perform services to help sell the home. If so, park managers may charge sellers reasonable costs for these services. Managers may not impose a fee, other than a credit check fee, to interview and approve a buyer.

Buyers moving in a new manufactured home may not be charged fees for entry, hookup, and landscaping. Managers may pass on an actual fee imposed by a local government ordinance or requirement. Reasonable landscaping and maintenance requirements may be included in the park rules. Management may not require home owners or buyers to purchase, rent, or lease goods or services for landscaping, remodeling, or maintenance from any person, company, or corporation.

Since 2006 parks cannot be granted a right of first refusal, in rental agreements, to purchase homes from sellers. Park managers and home owners may write up a separate sale agreement.

Civil Code Sections 798.37, 798.71, 798.72 & 798.81

Copyright - Carl Eric Leivo, Ph.D.
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