Can an Illinois park charge a commission on a resident's sale?

Generally no. Section 24 prohibits the park from 'imposing any fee, charge, or commission for the sale of a mobile home,' except when the owner asks the park to help find a buyer — in which case the commission must be a percentage of the sale price set in writing before the sale. Section 9 separately bars a transfer or selling fee for a home staying in the park unless a service is rendered.

Selling a mobile home in Illinois

Q: Can an Illinois park stop a resident from selling a mobile home in place?

No. Section 765 ILCS 745/24 restrains a park owner from 'prohibiting, limiting, restricting, obstructing, or in any manner interfering with the freedom of any mobile home owner to ... [s]ell the mobile home to a purchaser of the mobile home owner's choice.' The park may set general, lawful qualifications for new residents. This is general information, not advice about a specific sale — consider consulting a licensed attorney in Illinois.

Q: Can a park force a sold home to be removed?

Only in narrow cases. Section 24 bars requiring removal on sale to a qualified purchaser 'unless the mobile home is less than 12 feet wide or is significantly deteriorated and in substantial disrepair,' and the park bears the burden of showing that and must give written notice before the sale.

Illinois gives mobile home owners a strong right to sell their home where it sits. The Mobile Home Landlord and Tenant Rights Act (765 ILCS 745) restrains the park from interfering with the sale, bars most sale commissions, and limits when a sold home can be forced out of the park. For a specific sale, consider consulting a licensed attorney in Illinois.

What the statute says

Section 24, "Sale of mobile home," provides:

The park owner shall be enjoined and restrained from prohibiting, limiting, restricting, obstructing, or in any manner interfering with the freedom of any mobile home owner to: (a) Sell the mobile home to a purchaser of the mobile home owner's choice, provided that the park owner shall be allowed to promulgate any general qualifications or lawful restrictions on park residents which limit or define the admission of entrants to the park.

The same section adds that the park "is prohibited from imposing any fee, charge, or commission for the sale of a mobile home, except when a mobile home owner requests the park owner ... to assist in securing a purchaser," in which case the commission must be a written percentage of the sale price. It also bars requiring removal of a sold home "unless the mobile home is less than 12 feet wide or is significantly deteriorated and in substantial disrepair."

How it works in general

A resident may sell to a buyer of their choice. The park keeps the right to apply general, lawful resident qualifications to the buyer, and the buyer must obtain a written and signed lease before closing unless the home is being removed. The park cannot charge a sale commission unless the owner asks it to help find a buyer, and even then the percentage must be set in writing in advance. A park generally cannot require a sound, full-size home to be removed just because it was sold.

Common scenarios

General examples Illinois park residents commonly encounter:

A park tries to block a sale or steer the buyer. Section 24 restrains interference with the owner's freedom to sell, while allowing general resident qualifications.
A park asks for a commission on a private sale. Section 24 bars that unless the owner requested help finding a buyer, with the percentage set in writing.
A park demands the home be moved out after sale. Removal is limited to homes under 12 feet wide or in substantial disrepair, with the burden on the park.

Other authorities that may apply

A buyer who keeps the home in the park must sign a lease and may be screened under the park's general qualifications. Anyone removing the home must be licensed under the Manufactured Home Installers Act. Title transfer runs through the Illinois Secretary of State, and the Mobile Home Park Act (210 ILCS 115) governs park licensing. Federal law, including the Fair Housing Act, can apply to buyer screening.