Selling a mobile home in North Dakota

North Dakota's mobile home park statute protects a resident from being forced to sell the home to the park owner, but it does not grant a broad statutory right to sell in place. A sale is otherwise governed by the lease, the park rules, and the title-transfer process. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in North Dakota.

What the statute says

N.D.C.C. §47-10-28(2) provides that a person that owns or purchases a mobile home park "may not require a tenant who owns a mobile home located on the property to sell or transfer ownership of the home to the owner of the mobile home park, except as otherwise provided by law." There is no separate North Dakota statute granting a general right to sell the home in place or limiting buyer-approval for a sale.

On how ownership moves, a manufactured home is titled through the Department of Transportation, so a sale is completed by assigning the certificate of title; a home that has been converted to real property under N.D.C.C. §47-10-27 transfers by deed with the land.

How it works in general

A North Dakota resident who owns the home can't be compelled to sell or transfer it to the park owner. Beyond that, the law does not fix a right to sell in place or limit what the park may require of a buyer who wants to keep the home on the lot — those terms come from the written lease and park rules. Ownership transfers by assigning the DOT certificate of title (or by deed, if the home has become real property). A buyer who intends to keep the home in the park should confirm the park's approval and lease terms before closing.

Common scenarios

General examples North Dakota park residents commonly encounter:

• A park pressures a resident to sell the home to the owner. That is barred (§47-10-28(2)).
• A resident wants to sell and keep the home on the lot. The lease and park rules — not a broad statute — set whether and how that can happen.
• Ownership changes hands. The home transfers by assigning its DOT certificate of title.

Other authorities that may apply

The mobile home park statute (§47-10-28) bars a forced sale to the owner; the lease and park rules govern the rest of a sale. Title transfer runs through the Department of Transportation, and conversion to real property (§47-10-27) changes how the home is conveyed. Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.