Posted by JHyre in Ohio on March 05, 2002 at 16:54:23:
I don’t think that Steve was saying that a business license protects one from liability. Rather, he’s saying that holding MH’s in relatives names is a bad idea. Given how litigious mobile home people are in general, I must agree.
Now, does a lack of a business license keep one from holding MH’s in LLCs or the like? No.
But if the feces hits the rotating blade device, will lack of a license make a judge more likely to pierce the veil? Probably. How much more likely? Dunno, that’s a pretty hard thing to measure. I suppose I’d want to know how much hassle it takes to get the @#%&! license, as opposed to my perception of risk for not getting one…and that perception will turn, to some degree, on my personal tolerance for risk. You, for example, seem to have a pretty high tolerance for risk and a low opinion of dealer laws (the latter is probably justified in many states). So you don’t fret over it much. Others are really bothered by that sort of thing.
Get a license? Depends on how stiff the penalties are for not having one and how hard they are to get in one’s jurisdiction. In Ohio, the first offence is a warning and the license is hard and expensive to get. Most Lonnie Dealers here do not bother. My perception of licensing in Texas when I was there is the opposite- the law has teeth and the license is not too hard to get. I’d get one if I were in Texas.
But hold mobile homes in relatives’ names? Only for certain very unpopular family members!