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Need disclosure statement when selling Mobile/Manufactured Home as-is?

By
Real Estate Broker/Owner with CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments 521400, 1501015, 01795582

 

Need disclosure

statement when selling

Mobile/Manufactured

Home as-is?

 

 

Resale Mobile/Manufactured

Home 

RESALE DISCLOSURE

 

 

As a measure of consumer protection, mobilehome resale disclosure (Civil Code Sec. 1102.6d) became effective in January 2000, making mobilehome sellers and their agents responsible for providing prospective buyers, by close of escrow, with a resale disclosure statement.

 

The form requires the seller to check off a list of

conditions or defects that may affect the value or condition

of the home.

 

 

The seller is not subject to a penalty or fine for failing to provide the disclosure to the buyer, and the fact that disclosure was not made does not invalidate the sale of the home.

 

However, after purchasing the home, if the buyer discovers defects that were not disclosed by the seller, the fact that the disclosure statement was not provided could affect the outcome of the seller‟s civil liability in court for the defect.

 

Real estate brokers and dealers are also subject to the disclosure requirements and agent-sales almost always include disclosure.

 

Homeowners handling the sale of their home without an agent may not be aware of the disclosure requirement and should seek advice of an attorney, escrow agent, or another professional familiar with documents needed for resale of a mobilehome.

 

The California State Dept. of Housing and Communnity Development (HCD) is not required to notify selling homeowners at the time of title transfer, which normally occurs only after the sale is closed. A copy of the form is available online.

 

Recap:

Sellers are advised to provide resale disclosure form, even on as-is sales.

 

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MANUFACTURED  HOMES

 

 

ON THE LEVEL GENERAL CONTRACTORS INC.

 

  

800 909-1110

JOHN ARENDSEN 760 815-6977

onthelevel@cox.net

 

Scott Arendsen 760 415-1923

 

scottarendsen@mac.com

 

 

 

JANIS ARENDSEN 760 415-1982

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John DL Arendsen, Broker, General & Manufactured Home Contractor and Dealer 

TAG Real Estate Sales & Investments

TAG (The Arendsen Group) Real Estate Sales & Investments is a full service, one-stop, turnkey, family owned and operated real estate brokerage, General Contractor, Manufactured Home Contractor, Developer, Investor, Property Manager, Interior Design, Engineering, architectural, Landscape design, Expert Witness, Consulting, Curative Title and Troubleshooting company with over 100 years of combined experience in the San Diego real estate sales, construction, design & development arena.

 

 

 

 

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Comments(9)

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ReadySetLoan Team
ReadySetLoan - South Windsor, CT
Home Loans, Market Trends, Condo Approval Experts

Hi John - that is interesting that the disclosure is not required by state law.  This is great information for folks selling a mobilehome in CA!

Jul 11, 2014 01:45 AM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

Thanks Eric. I'm trying to inform unwary RE professionals and MH owners with as much info as possible.

Jul 11, 2014 01:50 AM
Les & Sarah Oswald
Realty One Group - Eastvale, CA
Broker, Realtor and Investor

Disclosure and potential of civil liability should be enough reason for all sellers to utilize a RE professional on any transaction. 

Jul 11, 2014 02:36 AM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

No Doubt Sahara and Lester.

Jul 11, 2014 02:40 AM
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

John: Thank you again for an excellent blog. Mobile home buyers and sellers, by and large, just don't know much about the process and it can come back to bite them.

Jul 14, 2014 01:17 AM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

Thanks again Hella. Regarding your question about rental/lease agreements, I'm trying to find a generic one I can share with you. I actually have a 30 year lease agreement with right of 1st .approval to purchase our spaces when the park communtiy goes up for sale for the MH's I own in Leucadia. 

 

But that's the execption and not generally the rule. Most MH Park Communities only offer a month to month or a 1 year rent/lease agreement. 

Jul 14, 2014 02:04 AM
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

John: A mobile home offers low income people an option to live inexpensively, whether they own the unit or rent. But they do need to know their rights because park owners can be ruthless. PS. I really appreciate all the information you are putting out there in your blogs, citing your own experiences.

Jul 16, 2014 04:04 AM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

My pleaseure and responsibility Hella. Keep your eyes open for a lot more information coming down the pipeline. Also if you really want to keep a pulse beat on the industry I'd love to invite you to join our group and by all means feel free to post to it anytime and I will always be happy to reblog them.

Jul 16, 2014 01:58 PM
John DL Arendsen
CREST "BACKYARD' HOMES, ON THE LEVEL General & Manufactured Home Contractor, TAG Real Estate Sales & Investments - Leucadia, CA
Crest Backyard Homes "ADU" dealer & RE Developer

Not unless you can prove that the previous owner actually knew about the drainage issue. Proving that is not an easy task. All they have to do is deny it and the burden of proof is on your shoulders. 

The only other possibility is to speak with neighbors to find out if they have similar issues and if they've ever complained to the park management/owner and the have made no attempts to eradicate or mitigate the problem. If this were the case you could consult with an attorney who has experience in park owner neglect, landlord abuse and bullying cases whence you could file a class action lawsuit against the owner. 

Do know, however, that this is a long drawn out battle that can take years to settle. You will need to rally many neighbors who would be willing to join you in the action. There are attorneys that will take a case like this on a contingency basis. However, they would circulate questionnaires among the park residents with extensive questioning and interrogation before moving forward with the case.

I have been an expert witness for decades and have worked on many cases like this. Most of them have been successful and have ended well for residents resulting in multi-million dollar cash and punitive damage awards. But any/all plaintiffs will be dragged through several depositions and court appearances so be ready, willing and able for a long drawn out battle. Many plaintiffs will grow weary, become discouraged, move and perhaps even die or be bought off by the defendants. 

Depending on where the park/development is located I have several class action litigation specialists that have won millions of dollars for thier clients over the years. Hope this helps and good luck.

Dec 21, 2019 07:42 AM