is an attorney needed when buying a mobile home

Mobile homes are an interesting mix of personal property and real property so it's best to hire an attorney for your transaction. Each situation is different. Sometimes we need to check land records.

Full Answer

Is it legal to buy a mobile home?

Legally, purchasing a mobile home is similar to purchasing a manufactured (or “pre-fab”) house. But it's different, in many ways, from buying a standard home. In particular, a mobile home does not come with land.

Do mobile homes make homeownership easier to achieve?

Alternatively, mobile home owners can place mobile homes on land they own or are buying under contract. One advantage to mobile homes offer is that they are often a lower-cost option to having a stick-built home custom build for you. In this regard, mobile homes can make homeownership easier to achieve.

Do I need to title my mobile home?

In the beginning, when mobile homes and trailers were towed by personal automobiles, it made sense to use a titling system but it doesn’t make sense anymore. Our homes are not cars. If you have any tips or advice titling a mobile home in your state please let us know in the comments below.

What does the seller do when selling a mobile home?

The seller typically handles such things as charging and collecting sales and use tax, registering the home with the property tax authorities, and recording any lien that a lender (like a mortgage company or bank) has in the mobile home.

Why you shouldn't get a mobile home?

A disadvantage of buying a mobile home is that its value will depreciate quickly. Like a new car, once a mobile home leaves the factory, it quickly drops in value. Stick-built homes, on the other hand, normally appreciate in value over time because the stick-built home owner almost always owns the underlying land.

How long does it take to close on a mobile home in Florida?

Mobile home loans take typically 45 to 60 days to close. In the majority of escrows, Escrow needs to obtain a tax clearance certificate from County Tax Collector before the escrow can close, depending on the County, this can take three weeks or more.

How do you prepare a lot for a mobile home?

0:508:45The REAL COST of Preparing Land For a New Manufactured HomeYouTubeStart of suggested clipEnd of suggested clipThe entire process so if you want to follow along stick around what i'm going to do is show you whatMoreThe entire process so if you want to follow along stick around what i'm going to do is show you what has to be done and tell you how much it's going to cost.

Is it worth buying an old mobile home?

You absolutely should buy an older mobile home and remodel it if you can find a home with a sound structure and you can do some of the updates yourself. If you like the idea of living debt-free eventually you should absolutely consider buying an older mobile home and remodeling it as your budget allows.

Do you have to pay sales tax on a mobile home in Florida?

When you buy a manufactured home in Florida, you must pay state sales tax on the purchase. In addition, if your home is on land that you own, you may also have to pay annual property tax to the county. And if your home is on rented land, you have to pay an annual registration fee.

Do you pay property tax on a mobile home in Florida?

A. Yes. The taxation of the mobile home as real property is not optional, but required.

What kind of foundation do you need for a mobile home?

Slab foundations for manufactured homes consist of a 4 to 6 inch deep flat, concrete foundation, with another 4 to 6 inches of gravel or sand beneath it. Instead of the floor of the home, a slab foundation acts as support for the home.

What is a pad for a mobile home?

1:172:31Site Preparation and Base Pads for Your Mobile Home - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe state requires that these pads be built four to six inches above the natural grade of yourMoreThe state requires that these pads be built four to six inches above the natural grade of your property. And create positive water drainage.

What kind of dirt do you use in a mobile home pad?

The most common and bank accepted type of foundation is referred to as caliche which is gravel with a lot of calcium carbonate (think lime stone).

What is the lifespan of a mobile home?

30 to 55 yearsWhile the average life expectancy of a mobile home is 30 to 55 years, you can still outlast that number. This is best done if you ensure the installation is done properly, choose the right location, and generally adhere to maintenance practices.

What are the disadvantages of buying a manufactured home?

Cons:Availability and cost of suitable land.Extra costs imposed by manufactured home community.Fewer choices and higher costs of financing.Fewer personalization options and amenities.Lingering stigma of mobile homes.Questionable long-term value;slower, if any, appreciation.

Can you live permanently in a mobile home?

You cannot live permanently on them, some may have restrictions as to how much time you can spend there in one go. Residential parks are open all year round and you can live there permanently in a purpose built home.

Who handles sales tax on mobile homes?

The seller typically handles such things as charging and collecting sales and use tax, registering the home with the property tax authorities, and recording any lien that a lender (like a mortgage company or bank) has in the mobile home.

What to do if you have a complaint about a manufactured home?

HUD also offers helpful consumer information for purchasing mobile homes.

What is the escrow account for a mobile home?

The dealer must establish an escrow account in which to hold the buyer’s purchase money until all conditions of the sales contract have been met and the buyer has taken delivery of the mobile home.

What warranties should be included in a sales contract?

The sales contract should specify that the buyer accepts the home with all implied warranties, such as the warranty of habitability and warranty of merchantability. These warranties protect consumers from faulty goods.

How many people live in mobile homes?

6% of Americans live in mobile homes, according to U.S. Census data. The dealer must establish an escrow account in which to hold the buyer’s purchase money until all conditions of the sales contract have been met and the buyer has taken delivery of the mobile home.

How long does a mobile home warranty last?

A warranty comes with new mobile homes, which typically runs for one year (in addition to any warranty provided by the home’s manufacturer), and covers things like the electrical, plumbing, and heating and cooling systems.

How to find out if a lien exists on a home?

You can investigate these by searching for the title in the county tax records or the state motor vehicle agency, and if a lien exists, have the seller pay it before closing the sale.

How old do you have to be to buy a mobile home?

This means that you may not qualify for a conventional loan if you’re considering buying a used mobile home that is more than 15 years old.

What are the advantages of mobile homes?

Mobile and manufactured homes, while not as popular, have one big advantage: They typically offer more space or amenities for the money. Today’s companies manufacture homes at many price points, with options from economy to high-end. You can even purchase a home that looks as if it had been built on site. However, buying and financing a mobile ...

What is a double wide mobile home?

With a double-wide mobile home, the width is roughly equal to two single-wide units attached to each other, so that the mobile home tends to look more like ...

Can you buy a mobile home that has been built on site?

You can even purchase a home that looks as if it had been built on site. However, buying and financing a mobile or manufactured home is very different from traditional home buying and getting a mortgage. If you are thinking about buying a mobile or manufactured home, here is what you need to know:

Do you factor depreciation when considering a mobile home?

When you’re considering the cost of a mobile or manufactured home, don’t forget to factor in depreciation as an expense. Every type of home depreciates over time, but in the past, housing that was priced separately from land did not hold its value well.

Do you have to buy real estate when buying a mobile home?

When you buy a new mobile home, you also must buy or rent real estate where you can place your new home.

Does a manufactured home have a lower down payment?

Since it generally costs less to buy a mobile or manufactured home than to buy or build a traditional single-family home, a mobile or manufactured home loan may also come with a lower down payment.

1 attorney answer

Mobile homes are an interesting mix of personal property and real property so it's best to hire an attorney for your transaction. Each situation is different. Sometimes we need to check land records. Sometimes motor vehicle records. Sometimes uniform commercial code.

Benjamin S Trachten

Mobile homes are an interesting mix of personal property and real property so it's best to hire an attorney for your transaction. Each situation is different. Sometimes we need to check land records. Sometimes motor vehicle records. Sometimes uniform commercial code.

How to buy a mobile home?

Before you buy, take these steps to protect yourself and your investment: 1 Visit the park. Take a look at the park and the mobile home that you would like to buy. 2 Talk to people who live in the park. They will be your future neighbors and have the best knowledge about how the mobile home park operates. If there is a mobile homeowners’ association, talk to the board of directors. 3 Figure out what you are buying. Are you buying the mobile home and the land? Or are you buying the mobile home and renting the lot from the mobile home park owner? Will you have a mortgage? You will have different legal rights in each scenario.

How to check if you are buying a mobile home?

Public records . Run searches on the park owner and the seller in the official public records in the county where you will be buying and/or living to see if there are any legal issues that could prevent you from buying or living in the mobile home. Keep an eye out for “liens” or “judgments.”

What to do if your mobile home is not a violation of the code?

Code enforcement. Call the local county or city code enforcement office to make sure that the mobile home park and the mobile home do not have serious code enforcement violations or fines pending.

How to find a dealer in your area?

Call the Better Business Bureau in your area and ask about the dealer.

What to do if you can't afford an attorney?

If you do not have an attorney, here are some resources: Pro Bono & Legal Aid Directory. If you cannot afford an attorney, call or visit your local legal aid agency. The Florida Bar Lawyer Referral Service , 800-342-8011.

Who should sign a contract with a mobile home park?

You and the seller (the mobile home park, a dealer or an individual seller) should always sign a contract that lists, among other things, the price, how you will pay, whether there is a warranty, and the consequences for either side not complying with the contract.

Do you have to read a mobile home contract before signing?

If the answers are yes, read your contract and make sure this guarantee is, and all other verbal guarantees are, included in writing before you sign. Have knowledge of the state and local laws pertaining to mobile homes – for example, every new mobile home must carry a warranty of at least one year.

Why is it bad to buy a mobile home?

A disadvantage of buying a mobile home is that its value will depreciate quickly. Like a new car, once a mobile home leaves the factory, it quickly drops in value. Stick-built homes, on the other hand, normally appreciate in value over time because the stick-built home owner almost always owns the underlying land.

What are the advantages of mobile homes?

An additional advantage mobile homes offer is that they are usually built in controlled environments. This means they can be consistently built to a high standard. And because they are manufactured in such conditions, construction delays due to weather or difficulty scheduling subcontractors are less likely.

Why do mobile homes depreciate?

One reason mobile homes depreciate in value is because they are personal property, not real property. "Real property" is defined as land and anything attached to it permanently. Anything that can be removed without "injury" to the land is not real property.

What is a manufactured home?

Mobile homes , also known as "manufactured homes," are built in a factory and placed on a trailer chassis to allow them to be moved. Mobile homes are sometimes placed in a mobile home park or on leased land. In these cases, the owner rents a space or leases land, but owns the mobile home itself.

What is a personal property loan called?

Personal property loans, sometimes called "chattel loans, " usually come with higher interest rates and shorter terms than a mortgage loan. Additional disadvantages to mobile homes have to do with them typically being located in a mobile home park.

Can a mobile home be damaged?

During a natural disaster, like an earthquake or severe storm, mobile homes can be more prone to damage. Modern mobile homes can provide a quality, cost-effective alternative to a stick----built home. However, they have some disadvantages to stick built homes that you need to consider. Factors to consider, such as costs, ...

Can a stick built home be built?

There are some stick-built home builders that have standard floor plans and options that allows them to build homes for prices similar to mobile homes. If you prefer a stick-built home, you might look into whether such a builder is in your area so that you can compare the quality of construction with a newer mobile home.

Why do you need a valid title for a mobile home?

You need a valid title for two reasons: to make sure the seller is listed as the owner of the home and to make extra sure there are no liens or holds attached to the title/mobile home.

How many mobile homes are considered personal property?

75% of all mobile and manufactured homes in the US are classified as personal property even if the homeowner owns the land.

How to get a replacement title for a mobile home?

The owner or seller will contact the DMV or state agency in charge of mobile home titles and file for a lost or duplicate title request. In order to get a replacement title, the owner will need to prove ownership and that all taxes are paid. This can be a tricky endeavor and all kinds of issues can arise.

Why did the mobile home park refuse to sign over the title?

Plaintiff refused because the value of the mobile home was much greater than the rent he owed and he informed the park that he would pay the rent from the sale proceeds.

How many states still use a certificate of title for manufactured homes?

In the US, 42 states still use a certificate of title for manufactured homes, just like they do for cars. The biggest problem with mobile home titles as that each state handles mobile home titles a bit differently so there’s no one-size-fits-all remedy.

What is manufactured home?

A manufactured home is a factory-built home that was built after June 1976. This date is significant because that’s when the HUD code was officially enacted. However, some homes built a year or so before this date may meet the code because builders had a couple of years to prepare for the regulations. The HUD code made the homes safer, stronger, and more energy efficient and created national regulations that all builders had to meet.

Where to find the VIN number on a mobile home?

In newer homes, it will be the easiest way to find your VIN is on a white sheet of paper with a map of the US.

When it comes time to seal the deal and transfer ownership of the mobile home, do you need to be ready?

When it comes time to seal the deal and transfer ownership of the mobile home, you need to be ready.

What is a purchase agreement for a mobile home?

A purchase agreement is a legally binding document that lays out the variety of conditions connected to the sale of the mobile home. This contract holds the buyer and seller accountable for their transaction.

What information should be included in a purchase agreement for a mobile home?

This information includes names, phone numbers, and addresses. You’ll want a place for witnesses or co-signers’ contact information as well.

Do you have to include a description of a mobile home in an agreement?

In any event, the agreement must include a description of the mobile home.

Can you evade a bad deal on a mobile home?

If you can evade a bad deal of a house, you’ll be the better off for it. Should you find the sales agreement is shoddily written, you may want to look elsewhere for your mobile home. A mobile home can provide your family with an affordable home without the compromise on quality. However, as with anything else, you’re better off going ...

Can you keep a mobile home on a lot?

If the mobile home is sitting on a lot, then the purchaser may wish to keep it there. But this may not be possible without the approval of the lot owner. This is also true with mobile home parks. It’s best to have the manufactured park owner’s approval before assuming he or she will accept the transfer of ownership.

Why do you need a bill of sale?

To them, it mostly serves to provide proof of income that they can use for taxes or specific tax exemptions placed on the sale of mobile homes.

What to include in a buyer's contract?

We probably don’t have to tell you that the document should include the names of both the buyer and the seller. It should also include: 1 Basic contact information that includes everything from a telephone number 2 Backup number 3 Email address 4 Living address 5 Postal address 6 The buyer and sellers respective signatures

What is the VIN number on a mobile home?

The most important thing that identifies your mobile home is its VIN (Vehicle Identification Number). This number works exactly the same way as it does for vehicles. However, this number is still relevant and important even if you have converted your mobile home to real estate.

What is a sales contract?

Sales contract: A sales contract is a lot like a bill of sale but is used more often when purchasing a home from a business. It includes information like warranties and title transfers as well as how to resolve disputes.

Why is a bill of sale important?

The ownership history in a bill of sale helps create an unbroken link from the moment the home was first bought first hand until it ends up in the latest owner’s hands. As a prospective owner, you have the right to know who has lived in the home before you. Moreover, it’s useful to the local authorities or to lenders.

What information should be included in a bill of sale?

Aside from the VIN, the bill of sale should include other basic info like the date of manufacture, the model, and make. All of this information should be easy enough to obtain on your own or if you have the VIN. Or by contacting the manufacturer and describing the home.

What is a certificate of title?

Certificate of title: This certificate is another proof of ownership document. It also includes information on any liens still open on the home to ascertain it’s value and ownership.

What is a mobile home seller's disclosure form?

A mobile home seller’s disclosure form establishes the condition of the manufactured home at the time of sale. You’ll need to list any structural or cosmetic issues that the home has, and the buyer will sign off to certify that each problem has been disclosed. Always err on the side of caution and disclose everything, even if it seems minor—failure to disclose can lead to legal problems further down the road.

What is a bill of sale for a mobile home?

The bill of sale establishes exactly which property is being transferred, how much the buyer is paying, and any other conditions of the sale. You can find free mobile home bill of sale templates online. The bill of sale will also often be accompanied by a packet of closing paperwork that includes additional documents like occupancy certificates, fire inspection certificates, and a letter establishing the closing location.

How to sell a manufactured home before selling?

To do this, contact your county treasurer’s office and request a mobile home tax clearance letter. They’ll pull your tax records and send you a letter certifying that you’re paid up.

What is a mobile home title?

1. Home Title Transfer. A title is a government-issued certificate that establishes ownership of a piece of property. A manufactured home can be titled either as real estate ...

What do you need to know about manufactured home insurance?

The insurance records for your manufactured home will help tell the story of the home and ensure that the buyer knows what they’re getting. Specifically, the buyer will need to know if you’ve ever filed a manufactured home insurance claim for damage from fire, floods, theft, or other adverse events.

How to sell a mobile home fast?

If you want to sell a mobile home fast, it’s critical to make sure that your paperwork is spotless, from the title to the closing documents.

What is documentation for manufactured home?

The official documentation process will differ for every manufactured home community, and you may be asked to make property improvements or to involve park management in vetting potential buyers. Your community documentation will establish permission for you to sell your home, codify the terms, and provide any additional rules you’ll need to follow during the process.

Do Your Homework

Working with Dealers

• If you go through a dealer for a new mobile or manufactured home, buy it from a reputable dealer. Keep these things in mind: 1. Ask the dealer for names and addresses of prior customers, and contact these people about their experiences. 2. Call the Better Business Bureauin your area and ask about the dealer. 3. Ask about the dealer’s service policy...

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Making Changes to The Mobile Home

What About Hurricanes and Tornadoes?

Closing The Deal

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