Selling a mobile home in Rhode Island

Rhode Island's Mobile and Manufactured Homes Act (R.I. Gen. Laws chapter 31-44) protects a resident's right to sell the home where it sits, limits commissions, and lets the park screen the buyer only for good cause. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Rhode Island.

What the statute says

Section 31-44-4(a) protects the sale: "No owner of a ... park shall deny any resident the right to sell his or her ... home ... while the ... home is in the park or require the resident to remove the ... home because of the sale." The owner may sell through "his or her own individual efforts," list with a licensed real estate broker "at a commission not to exceed ten percent (10%)," or list with the park "at a commission not to exceed ten percent (10%)" (§31-44-4(c)). No commission is owed "unless he or she has acted as agent for the resident ... pursuant to a written contract" (§31-44-4(d)), and the park can't require a sale to the owner or bar a reasonable "for sale" sign (§31-44-4(e)).

The park may refuse a buyer only "for good cause" — a reasonable belief that the buyer won't meet equally applied entry requirements, intends an illegal or disturbing use, or can't pay the rent, or that the home's "age and condition" don't meet park standards (§31-44-4(f)). A home is "presumed to be safe if ... constructed to any nationally recognized building or construction code," and the park bears "the burden of showing that a ... home is unsafe, unsanitary, or fails to meet the aesthetic standards" (§31-44-4(g),(h)) — with no aesthetic standard allowed against unchangeable features like size, materials, or color. On request, the park must state any condition objections within ten days, or the home is deemed approved for resale (§31-44-4(i)).

How it works in general

A Rhode Island resident who owns the home can sell it in place — the park can't deny the sale or force the home out because of it. The seller can use their own efforts, a real estate broker, or the park, and any commission is capped at 10% and owed only under a written agreement. The park keeps the right to approve the buyer as a tenant, but only for good cause, applying entry requirements equally, and it can't reject a buyer over a home's age or style if the home is safe and code-built. The resident can post a reasonable "for sale" sign, and can demand a written statement of any condition objections (silence for ten days means approval). Separately, if the whole park is being sold, an incorporated homeowners' association with 51% of households has a right of first refusal (§31-44-3.1).

Common scenarios

General examples Rhode Island park residents commonly encounter:

• An owner wants to sell and keep the home on the lot. The park can't deny the sale or force removal because of it (§31-44-4(a)).
• A park claims a commission. None is owed unless the park acted as agent under a written contract, capped at 10% (§31-44-4(c),(d)).
• A park rejects a buyer over the home's age. It can't, if the home is safe and code-built; the park bears the burden (§31-44-4(g),(h)).

Other authorities that may apply

The Mobile and Manufactured Homes Act (§31-44-4) governs the sale, commissions, and buyer approval, and §31-44-3.1 gives a homeowners' association a right of first refusal on a park sale. The home transfers by a recorded instrument with a conveyance tax (§§31-44-4.1, 31-44-20). Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.