Park owner demands fee foe selling mobile home??

cnj · #1 Jan 12, 2006, 11:04 AM

Hello all. First post/question here. Please advise if possible. My wife & I own a mobile home in a mobile home park here in California. We just received our new lease paperwork, and in it, there is a new stipulation. The park owner is demanding a 5% "fee" or "commission" from any park resident if/when they sell their mobile home. I suspect he has no real estate license, and will not be doing anything to "earn" the commission (no showing the place, no advertising, etc). This sounds illegal to me. Any input? Any place I can go to determine if he has the right to inflict this fee upon us? Thank you in advance!

CaptainForest · Jan 12, 2006, 11:20 AM

Sounds fishy to me to.

He can ask anything he wants, but he has no right to insist on this.

Offer him the deal with out the provision. If he refuses, find a new place and report him.

mr.yet · Jan 12, 2006, 11:34 AM

If this is a new lease, simply cross out any part of the lease you do no agree with, remember this is a contract, if you dont agree, cross it out and initital it. signed and return it to them. MAKE A COPY FOR YOU.

just a thought, not legal advice.

bausman · Jan 20, 2006, 06:02 PM

I don't see how he can request a commission for you selling your mobile home. If he is calling it a lease buy-out or something (since it would only be viable during the term of the lease) he may get away with it. It really depends upon how its worded - do you mind posting the paragraph verbatim? I am curious about this one.

Also, I would have an attorney look at it. If the attorney has issue with it, I would report him to the district attorney and any agency that regulates mobile home parks, housing, etc.

Of course if he finds out who did that, he will probably terminate their lease - just be smart about it. Don't tell anyone else (outside your attorney) know what you are doing - just do it.

Carvel

Glenn Bell · Jul 24, 2007, 06:35 AM

CNJ, this is absolutely illegal, CA Mobile Home Residency Law states explicitly that it is illegal to charge an entrance or exit fee. You need an experienced MRL attny. This is fraud and you can collect up to $2,000.00 for this intentional breech. And by the way you can not insert a demand into a lease that is intentionally contrary to existing law.
I am President of a state-wide coalition of Mobile/Manufactured Homeowners. Any more info needed come to Welcome To Neighborhood Friends!, I would like to know more about this lease. Glenn



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