Expert: Michael McClure - 7/14/2008

Question
QUESTION: I owned a mobile home in a trailer park. I sold it to my friend. We went to HCD and transferred the title, and we did it by ourselves not through an agent. The landholder checked the buyer's credit, and the credit is ok. However, the landholder asks us to call Sunnyvale City to inspect our mobile home and give him the inspection report, otherwise he will ask us to move the mobile home out. Also, there are some mobile home owners in this park, they all sold their mobile homes without an inspection report, the landholder didn't ask the inspection report from them but from us. I've already sold the mobile home, and the title has been transferred, do I still have the responsibility to ask for inspection?

ANSWER: Hi....has the park given a written approval, or accepted a deposit, rental agreement, disclosure statement for your buyer?
The park rules if they see something that they think is not up to code, and can demand an inspection, but if they are doing this after the fact, I think they lose.....your buyer will lose too if they demand it be removed.....always us an agency, and escrow...."~ M

---------- FOLLOW-UP ----------

QUESTION: Thank you so much. The landholder doesn't accept any money from the buyer, and there's no written approval, rental agreement and disclosure statement for the buyer. But the buyer did fill out the credit check application and the landholder did say that the buyer's credit is ok, but I don't think the landholder gave the buyer a written approval. Another question is that, the landholder only accept money from us, not the buyer, and the landholder asks us to pay the rent. In other words, the landholder doesn't admit the new buyer. Do we still need to pay the rent? Are we going to face some kind of lawsuit situation, or can the landholer sue us because of illegally selling the mobile home? Did we really sell the mobile home illegally?

ANSWER: Damn girl.....your "up to your ass in alligators", as my old landlady used to say.  Where are you?  State, city, etc.?
Who in the State does the registering of mobiles?    "~ M

---------- FOLLOW-UP ----------

QUESTION: I live in Sunnyvale, California. DMV does th registration of mobiles. But as a mobile home, the HCD does the registration. What do you mean by saying "your up to your ass in alligators"?

Answer
The alligator comment means that you have problems....I can't discuss legal matters, but go to HCD on State of CA website....find the Ombundsman's #, and ask them these questions....they are representing the park residents.
Personally, if I sold it I would walk....the park sounds like they are just letting you "sublet" the home.....HCD does the inspections anyway, not the city....sounds like they may just want the home, or tennents out of there....."~M