what kind of attorney handles mobile home sales

by Tommie Schmeler 10 min read

Yes, you should hire an experienced landlord tenant lawyers to help with any mobile home issues. Regulations for mobile homes vary from jurisdiction to jurisdiction and may even differ in the same city or county. A lawyer can help you determine what is required in your location.

Full Answer

Should I hire a lawyer for mobile home issues?

Aug 15, 2016 · Wendy D. Calvert. I would recommend an attorney who specializes in consumer law as well. You could also consider seeking some insights from a local real estate lawyer who specializes in mobile homes. This comment is provided for informational purposes only and not for the purpose of providing...

What does the seller do when selling a mobile home?

Apr 19, 2021 · The mobile home park and the mobile home owner will enter into a landlord-tenant agreement through a lease contract. The mobile home owner signs a lease for the land on which the mobile home is set up. The lease may be for a set time period, such as a …

What does a seller’s attorney do?

May 17, 2010 · Buying a Mobile Home From a Dealer. Many states have laws that govern the sales of mobile homes, both new and used, when the sales are made by dealers or “brokers;” that is, by someone who makes a living from selling these homes, perhaps representing the manufacturer, much like a car dealer does.

Who owns the land in a mobile home park?

Jan 04, 2018 · A Mobile Home Park Attorney Can Help You With Common Issues. A mobile home park attorney can help you identify potential issues as well as address them when they arise. Common issues that we handle include: Managing the opening and closing of mobile home parks; Tenant sublets, transfers, and selling of mobile homes

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How do you negotiate a mobile home?

Negotiate | When you're at a dealership you CAN and SHOULD negotiate the price of your home. Ask the dealer if you can see the invoice of the home and what the cash price would be. Don't offer up what your maximum payment would be or what price you'd like to pay.

How do you transfer a mobile home title in California?

Fill out and fax/email form 476.4 “Certificate of Retail Value and Purchase Price”. Email or fax this to the state prior to send in the rest of the documents. The state will then send you a value back to know how much you will pay in transfer taxes to put the title into your name.

What kind of an attorney handles?

Here's an overview of the most common types of lawyers.Personal Injury Lawyer. ... Estate Planning Lawyer. ... Bankruptcy Lawyer. ... Intellectual Property Lawyer. ... Employment Lawyer. ... Corporate Lawyer. ... Immigration Lawyer. ... Criminal Lawyer.More items...•Sep 29, 2020

Who regulates mobile home parks in Florida?

the Department of HealthMobile homes, lodging and recreational vehicle parks, and recreational camps are licensed annually by the Department of Health through Florida's 67 County Health Departments, in accordance with Chapter 513, Florida Statutes and Chapter 64E-15, Florida Administrative Code.Jan 26, 2022

Who oversees mobile home parks in California?

Mobilehome Residency LawIn California, mobile homes are regulated by the Mobilehome Residency Law (MRL). Like other laws, the MRL is enforced by civil courts. If a park owner wishes to evict you from a mobile home park for nonpayment of rent or violating park rules, they must utilize the court.Jul 1, 2021

Does a mobile home have to go through probate in California?

No Will and No Probate If a loved one passes without a will and the estate does not go through probate, a living spouse can transfer the title of the mobile home into his or her name. In the absence of a spouse, however, the decedent's next of kin would be able to obtain ownership of the mobile home.Jun 14, 2017

What kind of attorney do I need to sue a contractor?

The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney.Feb 5, 2020

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

Why is my attorney not fighting for me?

For example, in a custody, divorce, criminal, or civil case, your lawyer might not be fighting properly. It might be a sign of incompetence or even a conflict of interest in your client attorney relationship. If you believe that my lawyer is not fighting for me, it may be due to the lawyer's style and mannerisms.Jul 24, 2020

What are my rights as a mobile home owner in Florida?

—A mobile home park owner shall at all times: (1) Comply with the requirements of applicable building, housing, and health codes. (2) Maintain buildings and improvements in common areas in a good state of repair and maintenance and maintain the common areas in a good state of appearance, safety, and cleanliness.

Can I rent out my mobile home in Florida?

The mobile home laws in Florida also restrict the way mobile home park owners can market their available rental lots. You will need to submit those materials to the division within 30 days of the end of the quarter in which it was used.Apr 29, 2019

Is a mobile home considered real property in Florida?

Florida law requires the property appraiser to list mobile homes as real property based on the ownership of the land and the mobile home, and whether the mobile home is tied down and connected to utilities.

What is mobile home?

A mobile home is defined as a portable residence or dwelling that does not have a permanent foundation. This type of home can be hooked up to utilities. It is suitable for living in year round. Travel trailers are not considered mobile homes because they are not made for living in year round. It is common for mobile homes to be located together in ...

Where can I find a mobile home?

It is common for mobile homes to be located together in designated areas, neighborhoods, or areas of a city . Mobile homes can be found anywhere. An individual can purchase a mobile home and place it on their land if they wish to do so. Mobile homes are common in some states and in others, they are very rarely seen.

Is it safe to live in a mobile home?

Mobile homes are common in some states and in others, they are very rarely seen. It is important to remember that a mobile home is not always safe in certain weather conditions. It does not have a solid foundation and reinforced walls like a regular house.

What are the rights of a mobile home owner?

Therefore, while mobile home owner rights may include determining what occurs in their own home as well as a right to privacy, the owner must abide by rules or regulations set by the mobile home park landlord. This may include rules that prohibit criminal activity in the park. If an individual is caught committing a criminal activity on ...

What happens if you are caught in a park?

If an individual is caught committing a criminal activity on the premises, either in the entire park or in the individual mobile home, they may face eviction. An eviction would mean the individual has to move their mobile home to another location and can no longer reside on the park premises.

What to do if you have a dispute with your landlord?

If you are involved in a dispute with your landlord, a lawyer can review your case, advise you of your rights and represent you during any court proceedings, if necessary. In many cases, a mobile home is an individual’s permanent place to live, so it is important to protect your home.

What is the law on mobile homes?

State law generally governs the sale of mobile homes, and is an important tool for protecting consumers. Both buyers and sellers should familiarize themselves with their state's laws to ensure that they get the full benefit of the bargain.

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.

Can you buy a mobile home with land?

But it's different, in many ways, from buying a standard home. In particular, a mobile home does not come with land. Instead, if you plan to stay in one place for an extended time, you must lease your place in a mobile home community.

What agency checks mobile home manufacturers?

Working in conjunction with the U.S. Department of Housing and Urban Development (HUD), most states have developed programs that check on the practices of mobile home manufacturers and respond to consumer complaints.

Do you pay sales tax on a mobile home?

Paying sales and use tax, which usually will be assessed and collected when you register the home with the state motor vehicle agency and have title to the mobile home transferred to your name. Making certain the home is registered in your name with the state and local property tax authorities.

Can you sell a mobile home?

The current owner of a mobile home can, of course, sell it just like any other home or piece of property. If you're buying a used mobile home directly from an owner, and if you're going to finance it with a mortgage, for example, the bank or lender usually will take care of some of the things that a seller-dealer would, like making sure that sales taxes are paid.

What is the relationship between a mobile home park and a landlord?

One of the most important aspects of a mobile home park tenant-landlord relationship is the lease. There are two common types of leases used in mobile home parks: Land Leases – When a landlord leases land to a tenant who owns their own mobile home, this is considered a land-only lease. The landlord may make rules regarding ...

How to contact Girling Law PLLC?

We will guide you through the process of defending a mobile home claim or asserting your rights as a landlord. Call Girling Law PLLC today at 469-526-4588 to find out how we can help you.

Is a mobile home a permanent home?

While mobile homes are usually considered movable, once the tenant leases a space in a mobile home park, they often establish utilizes and construct structures around their mobile homes that make their homes permanent. Tenants own their mobile homes, but rent their land from landlords.

What is warranty of habitability?

Warranty of habitability – A lease typically provides express acknowledgement by the tenant and landlord that the land or mobile home is habitable. Mobile home park rules – Leases should define park rules that should be followed by tenants. Failure to include any of these provisions can result in confusion.

Do mobile homes have rights?

Landlords may impose rules regarding the spaces on which mobile homes sit; however, their legal rights are often limited. State laws often work to protect tenants while clarifying the duties and responsibilities of everyone involved.

What is the most important part of a mobile home lease?

Some of the most important parts of a mobile home park lease are the duties and responsibilities spelled out for tenants and landlords. These may be guided by state law, but may also be specified in a mobile home park lease.

Can a landlord lease a mobile home?

Mobile Home and Land Leases – Some landlords lease both the mobile home and land to tenants. In this case, landlords may have rules regarding both the inside and outside of the mobile home. This is similar to renting an apartment. The type of lease you have can determine the rights and responsibilities you have.

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

What is the job of a home inspector?

Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

What is a mobile home park?

Mobile home parks where a single owner or entity (i.e., corporation or partnership) owns the land comprising the mobile home park and leases the individual lots to tenants. Resident-owned mobile home parks where each mobile home owner owns his or her own lot (a mobile home subdivision) or a share of the corporation ...

How many lots are there in a mobile home park?

In a mobile home park containing 26 or more lots, the park owner must file a prospectus with the DBPR. Prior to entering into an enforceable rental agreement for a mobile home lot, the park owner shall furnish a copy of the prospectus or offering circular together with all of the exhibits thereto to each prospective lessee.

Who is HUD specifically designed for?

The HUD Secretary has determined that it is specifically designed for and occupied by elderly persons under a Federal, State or local government program, or

Is it illegal to discriminate against a mobile home owner?

It is unlawful for a mobile home park owner to discriminatorily increase a home owner’s rent or discriminatorily decrease services to a home owner, or to bring or threaten to bring an action for possession or other civil action, primarily because the park owner is retaliating against the home owner. In order for the home owner to raise the defense of retaliatory conduct, the home owner must have acted in good faith and not for any improper purposes, such as to harass or to cause unnecessary delay or for frivolous purpose or needless increase in the cost of litigation.

What is Fair Housing Act?

The Fair Housing Act also requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a “no pets” policy may be required to grant an exception to this rule and allow an individual who is blind to keep a service dog in the residence.

How long do you have to vacate a mobile home?

If a purchaser or prospective tenant of a mobile home situated in the mobile home park occupies the mobile home before approval is granted, the mobile home owner or mobile home tenant shall have 7 days from the date the notice of the failure to be approved for tenancy is delivered to vacate the premises.

Can a mobile home park owner evict a mobile home owner?

A mobile home park owner may evict a mobile home owner, a mobile home tenant, a mobile home occupant, or a mobile home only on one or more of the following 5 grounds: Nonpayment of lot rental amount.

What are the types of malpractice cases?

Our construction attorneys handle all types of architect and engineering malpractice cases, including lawsuits involving allegations of: 1 Defective design 2 Failure to comply with building codes, permitting or zoning laws 3 Underestimating costs and expenses 4 Overbilling 5 Failure to comply with specifications and plans as approved by the client 6 Failure to address issues in a timely manner 7 Financial damages caused by unreasonable delays 8 Misrepresentation or omission of an important fact 9 Failure to supervise a construction site

What is construction defect lawsuit?

Construction defect lawsuits are a common type of construction case in Florida. Construction defect cases often involve allegations of breaches of the implied warranties of merchantability and fitness for a particular purpose.

What is a business trial group?

The Business Trial Group includes a specialist in construction law who is Board Certified by the Florida Bar. Board certification recognizes an attorney as an expert in construction law and requires an attorney to have special knowledge, skills, proficiency, professionalism, and ethics.

What is express warranty?

An express warranty is a promise or guarantee regarding the performance, quality, or use of an item. An express warranty is usually a part of a contract for the sale of goods.

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Construction Defect Lawsuits

  • Construction defect lawsuits are a common type of construction case in Florida. Construction defect cases often involve allegations of breaches of the implied warranties of merchantability and fitness for a particular purpose. State law recognizes two basic types of warranties – express warranties and implied warranties. 1. An express warranty is a promise or guarantee regarding t…
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Construction Delay Lawsuits

  • Our construction attorneys understand that delays in construction projects can have a detrimental effect on the overall profitability of a project. While many construction contracts contain “no damages for delay” clauses, such provisions are generally unenforceable when the delay was caused by fraud, bad faith or active interference. Furthermore, under state law, the “willful conce…
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Design Professional, Architect and Engineer Malpractice

  • Under Florida law, architects, engineers, and design professionals are required to use due care in performing work for clients. If you suffered damages because of a design professional’s negligence, our construction malpractice attorneys can help you file a lawsuit. Our construction attorneys handle all types of architect and engineering malpractice cases, including lawsuits inv…
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Other Types of Construction Lawsuits

  • Our construction lawyers also handle cases involving: 1. Water damage, mold and mildew caused by defective windows or construction products 2. Construction delays and interference 3. Breach of construction contract 4. Breach of construction warranty 5. Structural deficiencies, such as cracked or unstable foundations 6. Construction lien foreclosure actions 7. Construction lien ex…
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Board Certified in Construction Law

  • The Business Trial Group includes a specialist in construction law who is Board Certified by the Florida Bar. Board certification recognizes an attorney as an expert in construction law and requires an attorney to have special knowledge, skills, proficiency, professionalism, and ethics. Less than 1 percent of all attorneys are board certified in construction law. Our construction atto…
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