Selling a mobile home in New Mexico

New Mexico's Mobile Home Park Act (NMSA 1978 §§47-10-1 to 47-10-23) protects a resident's right to sell the home in place: the park can't forbid a sale, can't force itself in as the selling agent, and can't charge a selling or transfer fee. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in New Mexico.

What the statute says

Under NMSA 1978 §47-10-11(D), "the management shall not prohibit the listing or sale of a mobile home within the park by the owner of the mobile home or the owner's agent," and "shall not require as a condition of sale that the management serve as the selling agent." Section 47-10-11(E) requires the park to "treat all persons equally in evaluating credit or renting or leasing available space," consistent with the federal Fair Housing Act.

Selling and transfer fees are barred by §47-10-12: the park "shall not require payment of any type of selling fee or transfer fee" by a selling tenant or a buyer as a condition of tenancy, though it may "apply the normal park standards to prospective buyers before granting or denying tenancy" and charge only "a reasonable selling fee or transfer fee for services actually performed and agreed to in writing by the tenant." A seller of mobile homes also may not pay the park to reserve spaces or induce acceptance of homes (§47-10-13).

How it works in general

A New Mexico resident who owns the home can list and sell it in place — the park can't forbid the sale or insist on being the selling agent. The park can't charge a selling or transfer fee just because the home changed hands; it can only charge for services the resident actually agreed to in writing. The park may run its normal screening standards on the buyer and decide whether to rent the lot to them, but it has to treat all applicants equally and follow fair-housing law. The home itself transfers through its New Mexico certificate of title (or with the land if it has been converted to real property).

Common scenarios

General examples New Mexico park residents commonly encounter:

• A park tries to forbid a sale in place. That's barred (§47-10-11(D)).
• A park demands a transfer fee or insists on being the agent. Both are barred (§47-10-11(D), §47-10-12).
• A park screens the buyer. It may apply normal standards and must treat applicants equally (§47-10-11(E), §47-10-12).

Other authorities that may apply

The Mobile Home Park Act (NMSA 1978 §§47-10-11 to 47-10-13) governs the right to sell, selling fees, and buyer screening; the home transfers through its Motor Vehicle Division certificate of title unless converted to real property. Federal law such as the Fair Housing Act applies to buyer screening, and the bill of sale and any financing documents also control.