Can I sell my mobile home and leave it on the lot in Ohio?

Yes. Ohio Rev. Code §4781.40(H) provides that a park operator shall not 'deny any owner the right to sell the owner's manufactured home within the manufactured home park if the owner gives the park operator ten days' notice of the intention to sell the home,' and shall not 'require the owner to remove the home from the manufactured home park solely on the basis of the sale of the home.' This is general information, not advice about a specific sale — consider consulting a licensed attorney in Ohio.

Selling a mobile home in Ohio

Q: Can an Ohio park refuse to rent to the person who buys my home?

Not unreasonably. Ohio Rev. Code §4781.40(H)(3) bars a park from 'unreasonably refus[ing] to enter into a rental agreement with a purchaser of a home located within the operator's manufactured home park.' The buyer still has to meet the park's reasonable rules, but the park can't block the sale by arbitrarily rejecting a qualified buyer.

Q: Does an Ohio park get a commission when I sell my home?

Only if you hire it. Ohio Rev. Code §4781.40(K) bars a rental agreement that requires the owner to pay the park 'a fee or any sum of money based on the sale of the home, unless the owner of the home uses the park operator ... as the owner's agent in the sale.' Under §4781.40(M), the owner may instead use a licensed manufactured housing dealer or broker or a licensed real estate agent.

Ohio's manufactured home park law protects the right to sell a home where it sits: a park can't block the sale, force the home out just because it sold, or take a commission it didn't earn. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Ohio.

What the statute says

Ohio Rev. Code §4781.40(H) provides that a park operator shall not "deny any owner the right to sell the owner's manufactured home within the manufactured home park if the owner gives the park operator ten days' notice of the intention to sell the home," shall not "require the owner to remove the home from the manufactured home park solely on the basis of the sale of the home," and shall not "unreasonably refuse to enter into a rental agreement with a purchaser of a home located within the operator's manufactured home park."

On fees and agents, §4781.40(K) bars a rental agreement that conditions the owner's tenancy on paying the park "a fee or any sum of money based on the sale of the home, unless the owner of the home uses the park operator or other person as the owner's agent in the sale of the home." Section 4781.40(J) bars a rental agreement that forces the owner to sell "to any specific person or through any specific person as the person's agent," and §4781.40(M) lets the owner use a licensed manufactured housing dealer or broker, or a licensed real estate agent, to sell the home.

How it works in general

An Ohio homeowner who gives the park 10 days' notice can sell the home in place — the park can't deny the sale or force the home off the lot simply because it changed hands. The park keeps the right to approve the buyer as a new tenant under its reasonable rules, but it can't unreasonably refuse a qualified buyer. The park can't pocket a sale-based fee or commission unless the owner actually hired it as the selling agent, and the owner is free to use a licensed dealer, broker, or real estate agent instead. Ownership of the home itself transfers by assigning the certificate of title (the buyer applies for a new one), or by deed with the land if the home has been converted to real property.

Common scenarios

General examples Ohio park residents commonly encounter:

An owner wants to sell and leave the home on the lot. With 10 days' notice, the park can't deny the sale or force removal just because of it (§4781.40(H)).
A park rejects the buyer. It may apply reasonable rules but can't unreasonably refuse to rent to a qualified purchaser (§4781.40(H)(3)).
A park demands a cut of the sale. Barred unless the owner used the park as the selling agent (§4781.40(K)).

Other authorities that may apply

The manufactured home park law (§4781.40) governs the right to sell, buyer approval, and sale fees, with actual damages and attorneys' fees for a violation (§4781.40(I)). Ownership transfers through the certificate of title (Chapter 4505), and conversion to real property changes the home to a deed-and-land conveyance. Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.