Mobile Home Sales in 55 Parks: Resolving Ownership Transfers When Park Management Refuses New Buyers

When purchasing a mobile home in a 55 park where you rent the space, it is essential to understand the rules and regulations. One critical aspect is the process of selling your home after it has been sold to a new buyer who has not been approved by the park's management company. This article explores the responsibilities of both the seller and the new owners, and provides insights into what actions can or cannot be taken to resolve such issues.

Responsibilities of the Seller

As a seller, it is your responsibility to inform the potential buyer about the requirements and timelines for obtaining park management approval. The process often involves waiting for the new buyer to receive the necessary clearance from the park's management company before the sale is finalized. This holds true even if you are transferring the home to someone who intends to move it out of the park. Lease agreements typically require future notice, which should be understood and respected by both parties.

Manage Expectations and Negotiate Accordingly

If the new buyer has not been approved, it is crucial to manage their expectations and negotiate accordingly. It is advisable for the new owners to resolve their application status before purchasing any property. This can often be a significant challenge as management company processes may be slow, especially if they are volunteer-led and meet infrequently.

Legal Considerations and Contingencies

The terms of the sale should be carefully negotiated to account for legal and practical hurdles. Including contingencies in the sales contract is a smart move. If the new owners have not been approved, the sale might be contingent upon gaining that approval. This protects both the seller and the potential buyer from incurring losses due to the slow approval process.

Role of the Management Company

Strata owner associations or management companies, whether volunteer-led or professional, must perform due diligence tasks. While these processes can take time, it is their responsibility to ensure that new residents are vetted properly. Unfortunately, this adds a layer of delay that can be frustrating but is necessary for the community's welfare. The new owners should respect this process and provide the necessary documentation and time for evaluation.

Conclusion

In conclusion, the process of selling a mobile home in a 55 park that requires management approval can be complex. Both the seller and the new owners need to be aware of the rules and responsibilities. Negotiating smartly and allowing for contingencies can help mitigate issues. Understanding the role of the management company and the need for due diligence can also help ease tensions and ensure a smooth transaction.