Selling a mobile home in Texas

Texas's Manufactured Home Tenancies chapter (Tex. Prop. Code Ch. 94) protects a resident's right to sell the home on the lot — the landlord can approve the buyer but can't force itself in as the agent or take a commission unless the owner agreed in writing. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Texas.

What the statute says

Under Tex. Prop. Code §94.252(a), "the owner of a manufactured home may sell a home located on the leased premises if (1) the purchaser is approved in writing by the landlord; and (2) a lease agreement is signed by the purchaser." Section 94.252(b) protects the seller from forced brokerage: "unless the owner of a manufactured home has agreed in writing, the landlord may not (1) require the owner to contract with the landlord to act as an agent or broker in selling the home; or (2) require the owner to pay a commission or fee from the sale of the home." Section 94.003 makes any waiver of these rights void. The home itself transfers through a Statement of Ownership issued by the Texas Department of Housing and Community Affairs under the Manufactured Housing Standards Act (Occupations Code Ch. 1201).

How it works in general

A Texas resident who owns the home can sell it where it sits, as long as the landlord approves the buyer in writing and the buyer signs a lease. The landlord can run its normal screening of the buyer, but it can't make the resident hire it as the sales agent or pay it a commission unless the resident agreed to that in writing — and a lease clause trying to waive that protection is void. The home itself is transferred not by a vehicle title but through a TDHCA Statement of Ownership, which records the new owner. Confirming the Statement of Ownership and any liens, and getting the landlord's written buyer approval, are the key steps in a Texas sale.

Common scenarios

General examples Texas park residents commonly encounter:

• A resident sells the home in place. The buyer must be approved in writing and sign a lease (§94.252(a)).
• A park demands a sale commission. Barred unless the owner agreed in writing (§94.252(b)).
• The home changes hands. Ownership transfers through a TDHCA Statement of Ownership (Occ. Code Ch. 1201).

Other authorities that may apply

The Manufactured Home Tenancies chapter (Tex. Prop. Code §94.252) governs the sale and buyer approval; §94.003 voids any waiver. The home transfers through a TDHCA Statement of Ownership (Occupations Code Ch. 1201). Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.