Selling a mobile home in California

California's Mobilehome Residency Law (Civil Code §§798–799.11) gives mobilehome owners the right to sell their home while it remains on its lot in the park. The law limits the park's ability to interfere with the sale process and requires management to evaluate prospective buyers on specified criteria within a set deadline. The details below are general; a specific sale transaction is best reviewed with a licensed attorney in California.

What the statute says

On signage, Civil Code §798.70 permits a homeowner to post a for-sale sign on the side of the home facing the street or in a window, with a sign face of up to 24 inches by 36 inches.

On broker and dealer requirements, §798.71 states:

Management shall not require the selling homeowner...to authorize the management or any other specified broker, dealer, or person to act as the agent in the sale...as a condition of resale of the home in the park or of management's approval of the buyer.

On buyer approval, §798.74 requires management to provide a prospective buyer, within 15 days of receiving notice of the proposed sale, the standards used to evaluate tenancy applications and the required documentation. After receiving all requested information, management has 15 business days to notify the seller and buyer in writing of acceptance or rejection. If management does not respond in time, the buyer is "deemed to have been approved."

On escrow, §798.75(a) requires:

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.

How it works in general

The right to sell in place means a homeowner does not need management's permission to list the home or choose a real estate professional. Management may require that any prospective buyer apply for tenancy and meet financial and compliance standards, but §798.74 defines the narrow grounds on which approval may be withheld and sets a 15-business-day response deadline with deemed approval if the deadline passes. The escrow requirement in §798.75 ensures that a new buyer has a rental agreement in place before taking possession.

Common scenarios

General examples California park residents commonly encounter:

• A homeowner lists their home for sale and the park demands they use only a particular dealer or agent. Section 798.71 prohibits making that a condition of the sale or of buyer approval.
• A prospective buyer submits their application and the park does not respond within 15 business days of receiving a complete application. Section 798.74 provides that management is deemed to have approved the application.
• A park seeks to require that an older or deteriorating home be removed rather than sold in place. Section 798.73 addresses the conditions under which management may require removal upon sale.

Other authorities that may apply

The HCD title and registration provisions in the Health and Safety Code govern how title transfers to the buyer. California Business and Professions Code provisions govern manufactured home dealers and salespersons. The written rental agreement between the seller and the park may contain additional notice and assignment requirements. Federal law, including Fair Housing Act requirements, applies to how approval standards are applied.