Buying a mobile home in Wisconsin

Wisconsin gives a buyer a written lease of at least one year, full written disclosure of the charges, and freedom from tie-in sales, through the dedicated act (Wis. Stat. §710.15) and the DATCP rule (Wis. Admin. Code ch. ATCP 125). The information below describes how the law generally works; anyone buying should consider consulting a licensed attorney in Wisconsin.

What the statute says

Under Wis. Stat. §710.15(1m), the site must be rented "by lease ... for a term of at least one year" unless the buyer requests a shorter term, and §710.15(2) requires all community rules that substantially affect residents' rights to "be made a part of every lease." A community may "refuse to enter into an initial lease with a prospective resident ... for any other lawful reason" and may run "the lawful screening of prospective residents" (§710.15(4), (4m)), but it may not refuse based on the home's age (§710.15(3)).

Wis. Admin. Code ATCP 125.03(1) requires the written agreement to "conspicuously set forth all terms and conditions affecting the rental of the site," including the rent, "the amount of any security deposit, installation charge, or other charge," utility charges or the method of computing them, the rules and regulations, the site's approximate size and location, "the amount of the monthly municipal permit fee," waste and recycling fees, a notice of the operator's right to screen a buyer, and "a disclosure as to whether the manufactured home community contains an emergency shelter." If the home is purchased "from or through the operator, a copy of the rental agreement shall be furnished to the tenant before the tenant signs the manufactured home purchase contract." And ATCP 125.02 bars tie-in sales: an operator may not "require, as a condition to the rental of any site, the purchase of a manufactured home from the operator" or named dealer, or discriminate against a tenant who buys elsewhere.

How it works in general

A Wisconsin buyer who plans to keep a home in a community is entitled to a written lease of at least one year, with the community rules made part of it, and to full written disclosure — before closing — of the rent, deposit, utility charges, municipal permit fee, waste and recycling fees, and whether the community has an emergency shelter. If the buyer is purchasing the home through the operator, the lease has to be in hand before the purchase contract is signed. The community can't make renting a site conditional on buying a home from it or a dealer it names. It can screen a prospective buyer and turn one down for a lawful reason, but not because of the home's age or to clear a site for the operator's own buyer. Reviewing the lease, the rules, the disclosed charges, and the home's title are the key steps before closing.

Common scenarios

General examples Wisconsin buyers commonly encounter:

• A buyer wants the rules and charges up front. The written agreement must disclose all charges, the rules, and the emergency-shelter status (ATCP 125.03(1)).
• A community ties a site to buying its home. Tie-in sales are barred (ATCP 125.02(1)).
• A community screens a buyer. It may screen and refuse for a lawful reason, but not based on the home's age (Wis. Stat. §710.15(3), (4)).

Other authorities that may apply

The dedicated act (Wis. Stat. §710.15) and the DATCP rule (ATCP 125.02, 125.03) govern the lease, disclosures, screening, and tie-in sales; the home is DSPS-titled (Wis. Stat. §101.9203) and built to the federal HUD code. Federal lending rules and the Fair Housing Act can apply. The signed lease, the rules, the disclosed charges, and the certificate of title are the core documents to review.