Selling a mobile home in Wisconsin

Wisconsin protects a resident's right to sell the home in place through the dedicated act (Wis. Stat. §710.15) and the DATCP rule (Wis. Admin. Code ch. ATCP 125): the park can't force the home out because it changed hands or because of its age, can't insist on being the sales agent, and can't take a transfer fee. The information below describes how the law generally works; anyone selling should consider consulting a licensed attorney in Wisconsin.

What the statute says

Under Wis. Stat. §710.15(4), "an operator may not require the removal of a mobile home or manufactured home from a community solely or in any part because the ownership or occupancy of the mobile home or manufactured home has changed or will change," while "an operator may refuse to enter into an initial lease with a prospective resident or occupant for any other lawful reason." Section 710.15(3) separately bars an operator from denying a lease, altering its terms, or requiring removal "solely or in any part on the basis of the age of the mobile home or manufactured home." These rules do not "create or extend any interest in real estate," nor do they prohibit "the lawful screening of prospective residents" (§710.15(4m)).

The DATCP rule adds detail. Wis. Admin. Code ATCP 125.06(1)(a) bars an operator from requiring "the operator, or any person named by the operator, as agent for the sale" or unreasonably restricting a sale; ATCP 125.06(1)(b) bars a "payment or other thing of value as a condition to the assignment or sublease of a rental agreement ... or ... transfer of tenancy to a buyer"; ATCP 125.06(1)(d) provides that an operator may not "refuse to rent a site to the purchaser of a tenant's manufactured home except for reason specified under s. 710.15 (5m)," while still allowing screening; and ATCP 125.06(1)(e) protects a uniformly applied "For Sale" sign.

How it works in general

A Wisconsin resident who owns the home can sell it where it sits. The park can't order the home removed just because it changed owners, and it can't refuse the buyer except for the same limited reasons it could refuse any new resident under §710.15(5m) — it may still run a lawful screening of the buyer. The park can't make the resident use it (or a person it names) as the selling agent, can't unreasonably block the sale, and can't charge a fee just to let the tenancy transfer to the buyer. The resident can post a "For Sale" sign as long as any sign rule applies equally to the park and to dealers. The home itself transfers through its certificate of title (or as real estate if it has been converted).

Common scenarios

General examples Wisconsin park residents commonly encounter:

• A park threatens to make a sold home leave the lot. Removal can't be required just because ownership changed (Wis. Stat. §710.15(4)).
• A park insists on being the sales agent or charges a transfer fee. Both are barred (ATCP 125.06(1)(a), (b)).
• A park bans the resident's "For Sale" sign but lets itself advertise. A non-uniform sign limit is barred (ATCP 125.06(1)(e)).

Other authorities that may apply

The dedicated act (Wis. Stat. §710.15(3), (4)) and the DATCP rule (ATCP 125.06) govern the sale, transfer, and buyer screening; the home transfers through its DSPS certificate of title (Wis. Stat. §101.9203) unless it has been converted to real property. Federal law such as the Fair Housing Act can apply to buyer screening, and the bill of sale and any financing documents also control.