Selling a mobile home in Colorado

Colorado's Mobile Home Park Act (C.R.S. Part 2 of Article 12) protects a resident's ability to sell the home — no selling or transfer fees, a right to advertise, and no eviction just to free the lot — and gives residents a chance to buy the whole community when it's for sale. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Colorado.

What the statute says

Under C.R.S. §38-12-211(1), a landlord "shall not require payment of any type of selling fee or transfer fee" by a home owner selling the home, a home owner removing it, or a buyer, as a condition of tenancy — subject to a reasonable rental-application fee for an in-place buyer. The park may still apply "the normal park standards to prospective buyers" and charge "a reasonable selling fee or transfer fee for services actually performed and agreed to in writing" (§38-12-211(2)). The home owner "may place a 'for sale' sign on or in the owner's mobile home," subject to reasonable rules (§38-12-211(3)), and a tenancy "may not be terminated solely for the purpose of making the home owner's space ... available for another mobile home" (§38-12-205).

When the park itself is for sale, §38-12-217 requires the landlord to "provide notice of the landlord's intent to sell the park within fourteen days of a triggering event," to give at least 12 months' notice before a change in use, and to give home owners an "opportunity to purchase" the community, with a process and timelines (including a 120-day window) set out in that section. A rental agreement may not require a home owner "to waive the opportunity to purchase the park" (§38-12-213(5)(b.5)).

How it works in general

A Colorado resident who owns the home can sell it without paying the park a selling or transfer fee, and can advertise it with a "for sale" sign on the home (subject to reasonable rules about size and placement). The park can screen a buyer under its normal standards but can't insist on being the sales agent or charge a fee unless the resident agreed to it in writing for real services. It also can't evict a resident just to clear the lot for a different home. And Colorado goes further than most states: when the park owner moves to sell the community, residents get prompt notice and a genuine opportunity to purchase it themselves — a right the lease can't make them waive.

Common scenarios

General examples Colorado park residents commonly encounter:

• A park demands a transfer fee on a sale. Selling/transfer fees as a condition of tenancy are barred (§38-12-211(1)).
• A park bans a "for sale" sign. The owner may post one, subject to reasonable rules (§38-12-211(3)).
• The park owner decides to sell the community. Residents get notice and an opportunity to purchase (§38-12-217).

Other authorities that may apply

The Mobile Home Park Act (C.R.S. §§38-12-205, 38-12-211, 38-12-217) governs selling fees, signs, and the opportunity to purchase; the home transfers through its certificate of title (C.R.S. Article 29) unless converted to real property. Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.