Two situations: a home in a park, or a home on land you own
Most “mobile home” sales in Massachusetts are homes in a manufactured housing community (a park). The owner of the home leases the lot. That situation is covered by MGL c.140 s.32A to 32S and the Attorney General’s regulations in 940 CMR 10.00. The rest of this page is mostly about that case.
If your home is on land you own, it is a different sale. Whether it counts as real estate or personal property can depend on how it is attached and recorded, and we could not verify a rule for that from the sources we read. Ask your attorney and your lender. The park rules below do not apply.
Your right to sell in a park
The Attorney General’s Guide to Manufactured Housing Community Law (May 2024) lists these rights for a seller:
- No interference. The park owner may not interfere with your right to sell your home in the park, and may not require the home to be removed after the sale. If the owner wants the lot for a new home, the owner may bid on yours.
- Notice of sale. The owner may require you to give notice of the sale at least 30 days before it is executed (940 CMR 10.07(1)(e)).
- Buyer application. The owner may require your buyer to complete a tenancy application. If the buyer meets the park’s current, enforceable rules and shows reasonable financial ability to pay the rent, the owner must allow the buyer and household to live there (MGL c.140 s.32M).
- Not valid reasons to reject. The condition of the home or lot, back rent you owe, or the buyer owning other homes in the park.
- You choose the broker. The owner cannot make you use a particular broker. You may sell directly.
- No required inspection. The park cannot inspect your home before sale. Inspections are at the buyer’s discretion. The owner may inspect the lot.
- No steering. The park cannot require buyers to stop at the office first, or make false statements to discourage a purchase.
These are summaries of a state guide. Read the guide and the law, or ask the Attorney General’s manufactured housing contact, if the park pushes back.
Park fees and rules
Under MGL c.140 s.32L, a park may not charge a fee, charge or commission for the sale of a home in the park. It may contract with you, if you agree, to sell the home for a fee of no more than 10 percent of the sale price. The AG guide adds that this needs a separate signed broker agreement, real brokerage services and a reasonable fee. Section 32L also says park rules cannot be “unreasonable, unfair or unconscionable”, rules that do not apply to all similar residents are presumed unfair, and a park cannot refuse to allow a transfer because it has not sold as many homes as there are sites.
Ask the park for its current rules in writing and a ledger of rent paid. Buyers will ask for them. Pay off back rent before closing even though it is not a valid reason to reject your buyer, because it can still be collected.
Ownership, taxes and paperwork
The AG guide says ownership of a manufactured home is usually proven by a bill of sale or a certificate of origin. For a used home, it recommends a notarized bill of sale. It says certificates of origin, unlike motor vehicle certificates of title, do not have to be signed over to later buyers. We could not verify any titling step through the Registry of Motor Vehicles in the sources we read, so we do not state one. Ask your attorney, the park and your buyer’s lender what they need.
For tax purposes the guide says manufactured homes are classified as personal property and generally exempt from real property tax, with a monthly license fee instead (MGL c.140 s.32G). Sales tax rules on resales can apply when a dealer is involved. If a lender holds a loan on the home, you will need a payoff letter and release.
Financing and why these sales can be slow
The AG guide notes that it is usually very difficult, if not impossible, to sell a manufactured home that is not on a lot, and that a loan balance can exceed the resale price. Because many lenders treat these homes differently from a house, buyers often use cash or a specialty loan. We have not verified lender rules, so ask local lenders what they require. Expect a smaller buyer pool and a longer sale than a house.
Selling to a cash buyer may be faster. See cash home buyers in Massachusetts and the comparison tool. The owners of this site also run JUNKRUN, a junk removal company (https://junkrun.co), which may help clear a home before sale. It is a related business we may earn money from, and other cleanout companies exist.
If the park itself is sold: resident rights of first refusal
A different right applies when the park owner sells the whole park. Under MGL c.140 s.32R, the owner must notify residents by certified mail within 14 days of first advertising the park for sale and at least 45 days before the sale, with copies to the Attorney General, the housing secretary and the local board of health. A group representing at least 51 percent of the home-owning residents can have the right to buy on equivalent terms, within set deadlines. That is a resident right, not a right of the park owner over your home.