Posted by swwa on August 29, 2003 at 16:27:39:
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selling mobile home - Posted by Loretta DeMaio
Posted by Loretta DeMaio on August 29, 2003 at 15:28:40:
I am selling my mobilehome and the people are paying
me instead of a bank loan. I told the people they can
move in the 1st of September. I live in a mobile home
park. The manager is telling me they have to wait until the park approves of them and he is too busy to do the paperwork so they can’t move in on the 1st. Can he do this???
Added on Date: 15:26:00 08/29/03
Thats a definite Yes, No, Maybe - Posted by Dr. Craig Whisler CA NV
Posted by Dr. Craig Whisler CA NV on September 02, 2003 at 15:56:01:
Loretta, your question was a litle ambiguous. That is why you got conflicting answers.
People walk into lawyers offices every day and tell their tales of woe, then ask “Can they do that?” The lawyer can only say, “Well they did it didn’t they?”
A more precice question could have been, “Can they do that legally?” To which any self-respecting attorney would probably answer…“depends”. The park can’t refuse to process your buyer’s applicantion at all, but they can take a reasonable amount of time to do it. What is reasonable? Who knows? That is subject to much debate. I think if you submited the application on the 28th of August, hoping to get approval in time for a Sept. 1st movin-in you are being unrealistic and unfair with the park manager. If on the other hand you allowed 2-3 weeks for the approval and nothing happened, then it begins to look like the PM is sandbagging you. Such delays are probably illegal in most states (by statute), but a better question to ask is what can you do about it? As a practical matter, not much less than a lawsuit would probably be required. Sometimes a polite letter from your attorney quoting your state’s statute prohibiting such refusals to process your application may be all that is needed. Would the time and cost of a lawsuit be justified? In most cases I don’t think so.
So what is your best coures of action? Well next time talk to the park manager BEFORE you attempt to do deals in their park. It may be illegal to stall you like this but is is a fact of life. It happens every day and there is no cheap and fast way to get justice.
If I were in your shoes I would go talk to the manager and ask “what would it take to get this approved?” In many areas is common to offer a small cash gratuity or facilation fee to the manager personally to get things done. I’m not saying that I like it or that I reccommend. I am just telling you why you might be having problems. Even this will not always work. Many parks don’t want you doing busines in their parks and as a practical matter it is extremely easy for them to (illegally) lock you out of their parks.
If you can’t get thier approval you may be stuck with the choice of either losing your mobile home to the park or having to have it moved out of the park. Moving it won’t be cheap.
You aren’t the first person this has happened to and you won’t be the last. We hear such complaints quite often on this board. If you want to be in this business, read the books and read this board on a regular basis and you can learn to avoid most such problems.
Loretta, sometimes ths best answer we can give you is that there is no good answer to your question. This is just one of those cases. Sorry.
Regards, doc
Yes… - Posted by Chuck
Posted by Chuck on August 29, 2003 at 16:06:23:
…and if they don’t pass, they don’t move in. You should have qualified them with the park prior to making the sale.
uh . . . I think not - Posted by Steve-WA
Posted by Steve-WA on August 29, 2003 at 16:04:27:
of course, a PM can do anything they want.
Put it in writing, and have him sign his name to the “they have to wait until the park approves of them and he is too busy to do the paperwork so they can’t move in on the 1st” part.
If that is the truth, he shouldn’t have a problem signing to that. Of course, when he is challenged, he will probably find the time.
By the way Loretta, DO NOT sign the title over to your buyers until they are paid in full. Get the agreement in writing, have them sign in the presence of a notary to embed the officialness (my word) of the transaction; they will be less likely to screw you.
Re: Thats a definite… huh? - Posted by Chuck
Posted by Chuck on September 02, 2003 at 18:39:34:
Her post read/s to me like she is/was trying to sell her personal residence, not do a lonnie-deal… if I had thought otherwise, I would have been more elaborate in my response… as you were.
Sometimes the best answer, is also the shortest.
Regards,
C