Selling a mobile home in West Virginia

West Virginia's Mobile Home Parks act (W. Va. Code Chapter 37, Article 15) protects a resident's right to sell the home: the agreement can't forbid a sale, the park can't take an unearned commission, and the resident keeps a sell-in-place right after a no-cause termination. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in West Virginia.

What the statute says

Section 37-15-3(d)(1) bars any agreement provision "prohibiting the tenant who owns his or her factory-built home from selling his or her factory-built home," and §37-15-3(f) provides that when a home is sold and stays on the site, "the new owner shall enter into a written agreement ... [provided] the new owner meets the standards and restrictions contained in the prior rental agreement."

Section 37-15-5(a)(3) bars a commission "unless the tenant expressly employs the landlord," and §37-15-5(c) protects the owner's choice of vendors for the home and for goods and services. And §37-15-6(f) protects a sale after a no-cause termination: "unless the landlord is changing the use of the site, if a tenancy is ended by the landlord ... with no good cause, the owner may not prevent the sale of the factory-built home in place to another tenant who meets the standards and restrictions in effect for other new tenants."

How it works in general

A West Virginia resident who owns the home can sell it — the agreement can't forbid the sale. When the home sells and stays on the lot, the buyer signs a new agreement with the park, as long as the buyer meets the same standards the prior agreement required. The park can't take a commission unless the resident actually hired it, and the resident is free to choose vendors. And if the park ends a tenancy without good cause (and isn't changing the site's use), the resident keeps the right to sell the home in place to a qualifying new tenant.

Common scenarios

General examples West Virginia park residents commonly encounter:

• A lease tries to forbid selling the home. That provision is barred (§37-15-3(d)(1)).
• A park demands a commission on a sale it didn't handle. Barred unless the resident hired it (§37-15-5(a)(3)).
• The park ends a tenancy without good cause. The resident can still sell the home in place to a qualifying buyer (§37-15-6(f)).

Other authorities that may apply

The Mobile Home Parks act (§§37-15-3, 37-15-5, 37-15-6) governs the sale, commissions, and the new-owner agreement; the home transfers through its DMV certificate of title (W. Va. Code Chapter 17A). Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.