What must a buyer receive before escrow closes on a California park mobilehome?

Civil Code §798.75(a) requires the escrow or transfer agreement to contain either a fully executed rental agreement or a signed statement from management and the prospective homeowner that they have agreed to the terms of a rental agreement.

On what grounds can a California park reject a prospective buyer?

Under §798.74, management 'shall not withhold approval' unless the prospective buyer has a prior history of noncompliance with park rules, lacks sufficient financial ability to pay rent and charges, or engaged in fraud during the application process.

What if the park does not respond to a buyer's application within 15 business days?

Section 798.74 provides that if management fails to notify the seller and buyer of acceptance or rejection within 15 business days of receiving a complete application, 'the management shall be deemed to have approved the application.'

Can an age-restricted park require a buyer to meet age rules?

Yes. Civil Code §798.76 permits management to require a prospective buyer to comply with age-based residency rules, provided the rules comply with the federal Fair Housing Act's housing-for-older-persons provisions.

Buying a mobile home in California

Purchasing a mobilehome that sits on a rented lot in a California park involves both the home purchase itself and an application to become a tenant in the park. California's Mobilehome Residency Law (Civil Code §§798–799.11) sets out what the park must disclose, the limited grounds on which it may reject a buyer, and the timeline for its response. This is general information; the specifics of any purchase or tenancy application are best reviewed with a licensed attorney in California.

What the statute says

On the rental agreement requirement at escrow, §798.75(a) provides:

An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park, shall contain a copy of either a fully executed rental agreement or a statement signed by the park's management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement.

A buyer who fails to execute a rental agreement has no tenancy rights under §798.75(b).

On the approval process, §798.74 requires management to provide a prospective buyer the park's tenancy application standards within 15 days of receiving notice of the proposed sale. After receiving all information it requests, management has 15 business days to notify both the seller and the buyer "in writing, of either acceptance or rejection." The statute states: "the management shall be deemed to have approved the application" if that deadline passes without a written response.

Management may require a credit check and charge a fee for it, but that fee must be credited toward the first month's rent or fully refunded if the buyer is rejected.

How it works in general

The buyer's path through a California park purchase has two parallel tracks: the home purchase (subject to HCD title and escrow law) and the park tenancy application. The park may require the buyer to meet financial and rule-compliance standards, but it cannot withhold approval on grounds other than those listed in §798.74. The 15-business-day response clock and the deemed-approval consequence give buyers some protection against indefinite delay.

The rental agreement the buyer signs at escrow sets the rent, the term, and the obligations of both parties going forward — it should be reviewed carefully before the sale closes.

Common scenarios

General examples California park residents commonly encounter:

A buyer submits a complete application and waits more than 15 business days without a written response. The deemed-approval provision of §798.74 is the relevant standard.
A park in an age-restricted community requires that at least one buyer meet the age threshold. Section 798.76 permits this if the community qualifies as housing for older persons under the Fair Housing Act.
A buyer discovers an existing lien on the HCD title after agreeing to purchase. The lien-release requirements in Health and Safety Code §18100.5 govern how that is resolved before title transfers.

Other authorities that may apply

The Health and Safety Code (§§18075 et seq.) governs the transfer of HCD title. California's Business and Professions Code regulates manufactured home dealers and the escrow process. The written rental agreement controls the ongoing terms of the lot tenancy. Federal law, including the Fair Housing Act and federal financing regulations, applies to the purchase and any associated loan.