Selling a mobile home in Oregon

Oregon gives manufactured home owners one of the strongest sell-in-place rights in the country: the park can't block the sale, take an unearned commission, or arbitrarily reject the buyer. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Oregon.

What the statute says

ORS 90.680(2) protects the sale itself: a landlord "may not deny any manufactured dwelling or floating home space tenant the right to sell a manufactured dwelling or floating home on a rented space or require the tenant to remove the dwelling or home from the space solely on the basis of the sale." The tenant may post a "for sale" sign subject to reasonable rules (subsection 5), and the landlord "may not knowingly make false statements to a prospective purchaser about the quality" of the home (subsection 6).

On money, ORS 90.680(4) bars the landlord from "exact[ing] a commission or fee, however designated, or retain[ing] a portion of any sale proceeds ... unless the landlord has acted as representative for the seller pursuant to a written consignment contract," and the park can't require consignment as a condition of occupancy.

On the buyer, ORS 90.680(8)–(10) lets the park require the buyer to apply for tenancy, but the landlord "shall accept or reject the prospective purchaser's application within seven days," must apply screening "substantially similar" to what it uses for its own sales, and "may not unreasonably reject a prospective purchaser as a tenant," giving written reasons. The park "may not, because of the age, size, style or original construction material of the dwelling or home ... reject an application" or require removal (subsection 12).

How it works in general

An Oregon resident who owns the home can sell it where it sits — the park can't deny the sale or force the home off the lot just because it changed hands, and the resident can advertise with a "for sale" sign. The park keeps the right to screen the buyer as a new tenant, but it has to decide within seven days (ten if the seller didn't give ten days' notice), use the same kind of criteria it applies to its own buyers, and can't unreasonably say no — and never because the home is old or a certain style. The park can't take a commission unless the owner hired it under a written consignment contract. Separately, ORS 90.842 to 90.850 give residents a right to be notified and a chance to buy the whole community if the park is offered for sale.

Common scenarios

General examples Oregon park residents commonly encounter:

• An owner wants to sell and leave the home on the lot. The park can't deny the sale or force removal because of it (ORS 90.680(2)).
• A park demands a cut of the sale. Barred unless the owner signed a written consignment contract (ORS 90.680(4)).
• A park drags out or refuses buyer approval. It must decide within 7 days and can't unreasonably reject a qualified buyer (ORS 90.680(10)).

Other authorities that may apply

ORS 90.680 governs the sale, commissions, and buyer approval; ORS 90.842 to 90.850 give residents an opportunity to purchase the community on a sale. The home transfers through its DCBS ownership document (or by deed if recorded as real property). Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale, rental agreement, and any financing documents also control.