Selling a mobile home in Massachusetts

Massachusetts's Manufactured Housing Community law, M.G.L. Chapter 140, strongly protects a resident's right to sell a home where it sits. A qualified buyer can't be turned away, the park can't tack on a sale fee, and it can't block a transfer to favor its own sales. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Massachusetts.

What the statute says

The core protection is M.G.L. c.140 §32M: on the sale of a home in a community that the park does not own, "the prospective purchaser and members of his household may not be refused entrance if they meet the current rules of the community," and a failure to comply "shall constitute an unfair or deceptive trade practice" under c.93A §2(a).

Section 32L backs that up. A park "shall not impose ... any fee, charge or commission for the sale of a manufactured home," though it may, if the owner agrees, contract to sell the home "for a fee not to exceed ten percent of the sale price" (§32L(4)). And a park may not "refuse to allow the transfer of a manufactured home ... on the ground that such ... owner has not sold as many manufactured homes as there are sites" (§32L(3A)). Even after an eviction, §32J gives a former resident "one hundred and twenty days ... in which to sell the resident's manufactured home."

How it works in general

A resident may sell the home on its lot, and the park must admit a buyer who meets the community's current rules — it cannot reject a qualified buyer to keep the lot for its own home sales, and it cannot block the transfer for that reason. The park cannot charge a sale fee or commission as a condition of staying; the only sale fee allowed is one the owner voluntarily agrees to, capped at 10% of the price. A resident who has been evicted still has 120 days to sell the home (with no one living in it during that period). These protections work alongside the home being the resident's own, transferable property (see the Massachusetts title and taxes guide).

Common scenarios

General examples Massachusetts park residents commonly encounter:

• A buyer is turned away even though they meet the rules. Section 32M forbids refusing a qualified buyer entrance.
• A park demands a sale commission. None is allowed as a condition of occupancy; only a voluntary ≤10% sale contract (§32L(4)).
• A park stalls a transfer to push its own inventory. Section 32L(3A) bars refusing a transfer for an unsold-sites reason.

Other authorities that may apply

Title 32F–32S protects the sale in place and limits sale fees; a buyer who stays becomes a resident under the §32P disclosure and five-year-lease rules. A violation is an unfair or deceptive practice under c.93A (§§32M, 32L(7)), and the Attorney General's manufactured-housing regulations (940 CMR 10.00) also apply. The bill of sale and any financing documents control how ownership passes.