Selling a mobile home in Utah

Q: Can a Utah park stop me from selling my mobile home?

No. Under Utah Code §57-16-4(6)(a), 'a rule or condition of a lease that purports to prevent or unreasonably limit the sale of a mobile home belonging to a resident is void and unenforceable,' and under §57-16-4(8) a park 'may not restrict a resident's right to advertise for sale or to sell a mobile home' (it may limit a 'for sale' sign to 144 square inches). This is general information, not advice about a specific sale — consider consulting a licensed attorney in Utah.

Q: Can a Utah park reject the buyer of my home?

Only reasonably. Under Utah Code §57-16-4(6)(b), a park 'may reserve the right to approve the prospective purchaser ... who intends to become a resident,' but 'may not unreasonably withhold that approval,' may require proof of ownership, and may refuse a buyer who does not register before purchasing.

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

Utah doesn't let the park force the sale through its own agent. Under Utah Code §57-16-4(9), 'a mobile home park may not compel a resident who wishes to sell a mobile home to sell it, either directly or indirectly, through an agent designated by the mobile home park.' A park may require the home to be removed on sale only if it is upgrading the park and the home is undersized or in disrepair (§57-16-4(10)).

Utah's Mobile Home Park Residency Act (Utah Code Title 57, Chapter 16) protects a resident's right to sell the home where it sits: the park can't block the sale, force it through the park's agent, or arbitrarily reject the buyer. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Utah.

What the statute says

Section 57-16-4(6)(a) voids any anti-sale rule: "a rule or condition of a lease that purports to prevent or unreasonably limit the sale of a mobile home belonging to a resident is void and unenforceable." The park "may reserve the right to approve the prospective purchaser ... who intends to become a resident," but "may not unreasonably withhold that approval" (§57-16-4(6)(b)).

Section 57-16-4(8) protects marketing: a park "may not restrict a resident's right to advertise for sale or to sell a mobile home," though it "may limit the size of a 'for sale' sign ... to not more than 144 square inches." Section 57-16-4(9) bars forced agency: a park "may not compel a resident ... to sell it, either directly or indirectly, through an agent designated by the mobile home park."

A park may require the home to be removed on sale only "if ... the mobile home park wishes to upgrade the quality of the mobile home park; and ... the mobile home either does not meet minimum size specifications or is in a rundown condition or is in disrepair" (§57-16-4(10)).

How it works in general

A Utah resident who owns the home can sell it in place — any rule trying to prevent or unreasonably limit the sale is void, and the resident can advertise and post a "for sale" sign (up to 144 square inches). The park keeps the right to approve the buyer as a new resident, but it can't unreasonably refuse a qualified buyer, and it can't force the owner to sell through a park-designated agent. The park can require the home to be removed on sale only in the narrow case where it's upgrading the park and the home is undersized or run down. Ownership transfers through the Motor Vehicle Division certificate of title.

Common scenarios

General examples Utah park residents commonly encounter:

A lease rule says the home can't be sold in the park. That rule is void (§57-16-4(6)).
A park insists the sale go through its own agent. Barred (§57-16-4(9)).
A park rejects a qualified buyer. Approval can't be unreasonably withheld (§57-16-4(6)(b)).

Other authorities that may apply

The Mobile Home Park Residency Act (§57-16-4) governs the sale, buyer approval, and signs; a lienholder that has paid rent has its own resale rights (§57-16-9), and a resident may sue for a violation and recover attorney fees (§57-16-19). The home transfers through its Motor Vehicle Division certificate of title. Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.