Buying a mobile home in Colorado

Colorado's Mobile Home Park Act (C.R.S. Part 2 of Article 12) gives a buyer full written disclosure, equal treatment, freedom from tie-in sales, and a one-year lease on request. The information below describes how the law generally works; anyone buying should consider consulting a licensed attorney in Colorado.

What the statute says

Under C.R.S. §38-12-213(1), "the management shall adequately disclose the terms and conditions of a tenancy in writing in a rental agreement to any prospective home owner before the rental or occupancy" of a lot, including the term and rent, the due date, the late-fee default day (at least 10 days after rent is due), the rules then in effect, where a manager's decision can be appealed, and "all charges to the home owner other than rent, including late fees." The agreement is signed by both parties, each getting a copy (§38-12-213(2)), and on the home owner's written request the landlord must offer a one-year fixed term (§38-12-213(4)). The agreement may not make a home owner waive Act rights, agree to a possessory lien, "waive the opportunity to purchase the park," arbitrate in lieu of trial, or confess judgment (§38-12-213(5)).

Tie-in sales are barred by §38-12-210: the park may not require that a buyer "purchased a mobile home from any particular seller," may not give renting preference based on the seller, and "shall treat all persons equally in renting or leasing available space." The park may "apply the normal park standards to prospective buyers" (§38-12-211(2)).

How it works in general

A Colorado buyer who plans to keep a home in a park is entitled, before occupancy, to a signed written rental agreement that lays out the rent, the due date, the late-fee day, the rules, and every charge other than rent. The park has to treat all applicants equally and can't condition a space on having bought the home from a particular dealer or give preference to the park's own sellers. It can screen a buyer under its normal standards, but the agreement can't strip the buyer of Act rights, force arbitration, or make the buyer give up the right to join a resident purchase of the community. A buyer can also ask in writing for a one-year lease instead of month-to-month.

Common scenarios

General examples Colorado buyers commonly encounter:

• A buyer wants the terms up front. The park must disclose all rent, charges, and rules in writing before occupancy (§38-12-213(1)).
• A park ties a space to buying from its dealer. Tie-in sales are barred (§38-12-210(1)).
• A lease tries to waive the right to buy the park. That provision is void (§38-12-213(5)(b.5)).

Other authorities that may apply

The Mobile Home Park Act (C.R.S. §§38-12-210, 38-12-211, 38-12-213, 38-12-217) governs disclosure, equal treatment, screening, and the opportunity to purchase; the home is titled under C.R.S. Article 29 and built to the federal HUD code. Federal lending rules and the Fair Housing Act can apply. The signed rental agreement, the rules, and the home's title are the core documents to review.