Can a New Hampshire park stop a resident from selling a home in place?

No. Under RSA 205-A:2, II, a park may not 'deny any resident ... the right to sell at a price of such resident's own choosing said resident's manufactured housing within the park or require the resident or purchaser to remove the manufactured housing from the park on the basis of the sale.' The resident may post up to two 'for sale' signs. This is general information, not advice about a specific sale — consider consulting a licensed attorney in New Hampshire.

Can a New Hampshire park make a home leave because it was sold?

Not if it's safe and conforming. Under RSA 205-A:2, III, a park may not require 'manufactured housing ... which is safe, sanitary and in conformance with aesthetic standards ... to be removed from the park,' a HUD-code home 'shall be presumed to be safe,' and the park 'shall have the burden of showing that manufactured housing is unsafe.'

Selling a mobile home in New Hampshire

Q: Can a New Hampshire park approve or reject the buyer?

It may approve the buyer as a tenant, but 'such approval may not be unreasonably withheld' (RSA 205-A:2, II). The park must give the prospective buyer written approval or the reason for refusal 'within 14 calendar days of receipt of the prospective buyer's completed application,' may require no more than 3 references, and may not charge a commission 'unless the park owner or operator has acted as an agent ... pursuant to a written contract.'

New Hampshire's RSA Chapter 205-A strongly protects a resident's right to sell the home in place, limits the park's buyer-approval power, and protects the community's chance to buy the park itself. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in New Hampshire.

What the statute says

RSA 205-A:2, II protects the right to "sell at a price of such resident's own choosing ... within the park" and bars requiring removal "on the basis of the sale." The resident "may place no more than 2 'for sale' signs." The park "may reserve the right to approve the purchaser ... as a tenant, but such approval may not be unreasonably withheld," may require "the purchaser and the purchaser's household meet the current rules," and must not: limit the right to post signs beyond reasonable size/quality rules; "charge a commission or fee ... unless the park owner or operator has acted as an agent ... pursuant to a written contract"; require more than "3 references"; or fail to give the buyer a written approval or denial "within 14 calendar days of receipt of the prospective buyer's completed application." If a pre-sale inspection is required, the park has 14 days to give a written list of required repairs, valid for 90 days.

RSA 205-A:2, III bars requiring a "safe, sanitary and in conformance" home to be removed, presumes a code-built home safe, and puts "the burden of showing that manufactured housing is unsafe" on the park. And RSA 205-A:21 gives tenants 60 days' notice before the park is sold, with a right to make an offer and negotiate in good faith.

How it works in general

A New Hampshire resident may sell the home where it sits, at their own price, and advertise with up to two signs. The park may screen the buyer as a new tenant, but can't unreasonably refuse, must decide within 14 days, and can't demand more than three references. It can't take a commission unless it acted as the seller's agent under a written contract, and it can't force a safe, conforming home out just because it sold. If a sale requires repairs, the park must give a written list within 14 days, good for 90 days. Separately, if the whole park is being sold, residents get 60 days' notice and a chance to make an offer.

Common scenarios

General examples New Hampshire park residents commonly encounter:

A park tries to set the price or block a "for sale" sign. The resident sells at their own price and may post up to two signs (RSA 205-A:2, II).
A park sits on the buyer's application. It must approve or give reasons within 14 days and can't unreasonably refuse (RSA 205-A:2, II(g)).
The whole park is being sold. Residents get 60 days' notice and a right to make an offer (RSA 205-A:21).

Other authorities that may apply

Chapter 205-A protects the in-park sale, limits buyer approval and commissions, and gives the park-sale notice and offer right (RSA 205-A:21). A violation can be an unfair trade practice (RSA 205-A:13-a). The New Hampshire Housing Finance Authority and the Manufactured Housing Association receive park-sale notices. The bill of sale and any financing documents also control.