Selling a mobile home in Michigan

Michigan's Mobile Home Commission Act protects a resident's right to sell a home where it sits, at a price the resident sets, with only a small inspection fee allowed. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Michigan.

What the statute says

The core protection is MCL 125.2328(1)(h): a park may not prohibit "a resident from selling his or her mobile home on-site for a price determined by that resident, if the purchaser qualifies for tenancy and the mobile home meets the conditions of written park rules or regulations." MCL 125.2328a(1)(a) adds that "the age or size of a mobile home shall not be used as the sole basis for refusing to allow an on-site, in-park sale or for refusing to allow the mobile home to remain on-site," and the park's condition standards "shall apply equally to all residents" (§125.2328a(1)(b)).

On charges, §125.2328a(1)(d) treats "any charge connected to the on-site, in-park sale," other than the inspection fee and a hired licensed dealer's commission, as "an entrance or exit fee in violation of section 28," and (1)(e) caps the inspection fee at "not more than $30.00, or the amount charged for building permit inspections by the municipality ... whichever is higher." If a resident sells the home to the park owner after a just-cause termination, §125.2328a(4) gives the resident the right to an appraisal, and "the sale price ... shall not be less than the appraised value." Ownership transfers by transferring the certificate of title (§125.2330(3)).

How it works in general

A resident may sell the home on its lot for whatever price they choose, and the park must allow the sale as long as the buyer qualifies for tenancy and the home meets the written park rules. The park can apply reasonable, equally applied condition standards, but it cannot reject a sale based only on the home's age or size. The only sale charge the park may impose is a capped inspection fee (no more than $30, or the local building-permit inspection charge if higher); any other sale-related charge is an illegal exit fee. The sale is completed by transferring the Secretary of State certificate of title. A resident who sells to the park after a just-cause eviction is protected by the appraisal floor.

Common scenarios

General examples Michigan park residents commonly encounter:

• A park tries to set or limit the sale price. The resident sets the price if the buyer qualifies and the home meets the rules (§125.2328(1)(h)).
• A park refuses the sale because the home is old. Age or size alone is not a valid basis (§125.2328a(1)(a)).
• A park adds sale charges. Beyond a ≤$30 inspection fee (and a hired dealer's commission), they are illegal exit fees (§125.2328a(1)(d)–(e)).

Other authorities that may apply

The Mobile Home Commission Act protects the on-site sale and limits sale charges, and a violation is enforceable by the tenant and as an unfair practice. Ownership transfers by certificate of title through the Secretary of State (see the Michigan title guide). The written park rules (which must be applied equally) and the bill of sale also control.