Selling a mobile home in Nebraska

Nebraska's Mobile Home Landlord and Tenant Act protects a resident's right to sell the home in place at a price they choose, with the landlord's buyer-approval power limited and time-bound. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Nebraska.

What the statute says

Neb. Rev. Stat. §76-1495(3) bars a landlord from "deny[ing] any resident of a mobile home park the right to sell that person's mobile home at a price of his or her own choosing." The tenant "shall, prior to selling the mobile home, give notice to the landlord, including ... the name of the prospective purchaser." The landlord "may reserve the right to approve or disapprove the prospective purchaser ... within ten days after receiving notice," any disapproval "shall be in writing," and "the landlord shall not unreasonably refuse or restrict the sale." The landlord "may consider the size, ages, and composition of the prospective purchaser's family" and may "prescribe reasonable requirements governing the age, physical appearance, size, or quality of the mobile home." On a sale or mutual termination, the landlord may, within ten days, require a home "no longer appropriate ... or that is in disrepair" to be repaired or "removed from the park within sixty days." Under subsection (4), no sale commission is allowed "unless the park owner or operator has acted as agent ... pursuant to a written agreement."

How it works in general

A Nebraska resident may sell the home where it sits, at a price they set. Before selling, the resident gives the landlord notice with the buyer's name; the landlord then has ten days to approve or disapprove the buyer as a new tenant, in writing, and cannot unreasonably refuse or restrict the sale. The landlord can apply reasonable home-condition standards and may, for a home in disrepair or no longer appropriate for the park, require repair or removal within sixty days. The landlord can't take a commission on the sale price unless it served as the seller's agent under a written agreement.

Common scenarios

General examples Nebraska park residents commonly encounter:

• A park tries to set or limit the sale price. The resident has the right to sell "at a price of his or her own choosing" (§76-1495(3)).
• A park sits on the buyer's approval. The landlord must decide within ten days and can't unreasonably refuse or restrict the sale (§76-1495(3)).
• A park demands a sale commission. None is allowed unless it acted as agent by written agreement (§76-1495(4)).

Other authorities that may apply

The Mobile Home Landlord and Tenant Act protects the in-park sale and limits buyer approval and commissions. Ownership of the home transfers by the DMV certificate of title (see the Nebraska title guide). Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.