Can a Vermont park stop me from selling my mobile home in place?

Not without good reason. Under 10 V.S.A. §6240(b), a buyer 'shall not be refused entrance except for the inability of the purchaser and the purchaser's household to meet the terms of the proposed lease or to qualify under a valid admission policy of the park,' and the approved buyer must be offered a written lease. A park's approval to sell or sublease 'shall not be unreasonably withheld' (§6236(d)). This is general information, not advice about a specific sale — consider consulting a licensed attorney in Vermont.

Does a Vermont park get a commission when I sell my home?

Only if it sells the home for you. Under 10 V.S.A. §6240(c), 'a park owner shall not charge or collect any commission on the sale of a mobile home located in a park unless the park owner contracts to sell the home.'

Selling a mobile home in Vermont

Q: Do Vermont residents get a chance to buy the park if it's sold?

Yes. Under 10 V.S.A. §6242, before selling the park the owner must give residents and the state notice of intent to sell with the price and terms; a majority of mobile home owners then have 45 days to decide to pursue a purchase and, if they do, the owner must negotiate in good faith and hold off accepting an outside offer for 120 more days. Selling without complying exposes the owner to '$10,000.00 or 50 percent of the gain ..., whichever is greater.'

Vermont's Mobile Home Parks act (10 V.S.A. Chapter 153) protects a resident's right to sell the home in place and gives residents a first chance to buy the whole community. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Vermont.

What the statute says

Under 10 V.S.A. §6240, a seller notifies the park owner by certified mail of the buyer's name and address (§6240(a)), and "a purchaser or prospective purchaser ... shall not be refused entrance except for the inability of the purchaser and the purchaser's household to meet the terms of the proposed lease or to qualify under a valid admission policy of the park" (§6240(b)). An approved buyer "shall be offered a written lease," and "a park owner shall not charge or collect any commission on the sale ... unless the park owner contracts to sell the home" (§6240(c)). Separately, §6236(d) provides that approval to sell or sublease "shall not be unreasonably withheld."

If the community itself is for sale, §6242 gives residents a right to act first: the owner must give notice of intent to sell (with the price and terms) to each mobile home owner and the state, a majority of owners have 45 days to decide to pursue a purchase, and if they do, the owner must "negotiate in good faith" and not accept an outside offer for 120 more days. An owner who sells without complying "shall be liable ... in the aggregate amount of $10,000.00 or 50 percent of the gain ..., whichever is greater" (§6242(d)).

How it works in general

A Vermont resident who owns the home can sell it where it sits. The park keeps the right to approve the buyer as a new resident, but only for failing to meet the lease terms or a valid admission policy — and that approval can't be unreasonably withheld. The buyer is then offered a written lease. The park can't take a commission unless it actually contracted to sell the home. And if the park owner decides to sell the whole community, residents get advance notice of the price and terms and a structured first chance to buy it themselves, backed by a stiff penalty if the owner skips the process.

Common scenarios

General examples Vermont park residents commonly encounter:

An owner sells the home to a qualified buyer. The park can refuse the buyer only for failing the lease terms or admission policy (§6240(b)).
A park demands a commission. None is owed unless the park contracted to sell the home (§6240(c)).
The park is being sold. Residents get notice and a first chance to buy the community (§6242).

Other authorities that may apply

The Mobile Home Parks act (§§6236, 6240, 6242) governs the sale, buyer approval, and the residents' purchase right; a resident may recover damages and attorney fees for violations (§6246). The home transfers by a Mobile Home Uniform Bill of Sale (9 V.S.A. §2602) or by deed if financed as real estate. Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.