Selling a mobile home in Virginia

Virginia's Manufactured Home Lot Rental Act (Va. Code Title 55.1, Chapter 13) strongly protects a resident's right to sell the home in place, putting the burden on the park to justify any refusal. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Virginia.

What the statute says

Section 55.1-1301 bars any lease provision "prohibiting the tenant from selling his manufactured home." Section 55.1-1310(B) protects the sale or rental: "No landlord shall unreasonably refuse or restrict the sale or rental of a manufactured home located in his manufactured home park by a tenant. No landlord shall prohibit the manufactured home owner from placing a 'for sale' sign on or in the owner's home" (subject to reasonable rules). The tenant gives notice of the prospective buyer, but "the landlord shall have the burden of proving that his refusal or restriction ... was reasonable." An age-based refusal "is ... unreasonable," and a refusal based on a protected class "shall be conclusively presumed to be unreasonable."

On money, §55.1-1306(A)(2) bars a commission "on the sale of a manufactured home ... unless the tenant expressly employs" the landlord. And after an eviction, §55.1-1316 gives the resident 90 days to sell or rent the home.

How it works in general

A Virginia resident who owns the home can sell it where it sits — the lease can't forbid the sale, and the park can't unreasonably refuse or restrict it. If the park objects to a buyer, it carries the burden of showing the refusal was reasonable, and it can never refuse based on the home's age or on the buyer's protected characteristics. The resident can advertise with a "for sale" sign under reasonable rules, and the park can't take a commission unless the resident actually hired it. Even a resident who has been evicted gets 90 days to sell the home.

Common scenarios

General examples Virginia park residents commonly encounter:

• A lease tries to forbid selling the home. That provision is void (§55.1-1301).
• A park refuses a buyer because the home is old. That refusal is unreasonable (§55.1-1310(B)).
• A park demands a commission on a sale it didn't handle. Barred unless the resident hired it (§55.1-1306(A)(2)).

Other authorities that may apply

The Manufactured Home Lot Rental Act (§§55.1-1301, 55.1-1306, 55.1-1310, 55.1-1316) governs the sale, commissions, and buyer protections, with a willful-violation remedy of one month's rent or actual damages plus attorney fees (§55.1-1318). The home transfers through its DMV certificate of title (Title 46.2). Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.