The laws and regulations governing the sale of mobile homes vary depending on whether the mobile home is non-deeded (personal property) or deeded (real property).
NON-DEEDED MOBILE HOME (PERSONAL PROPERTY):
- WHAT IS IT? This is a mobile home that is not permanently affixed to the land it sits on. The mobile home is considered personal property and is essentially treated as a vehicle. Usually, a non-deeded mobile home is found in mobile home parks where the homeowner owns the home but leases the land that it sits on. Chapter 723, Florida Statutes, govern these relationships.
- HOW IS OWNERSHIP ESTABLISHED? Ownership is established through a title rather than a deed, just like a car.
- WHAT DOCUMENTS DO YOU NEED FOR THE SALE OF A NON-DEEDED MOBILE HOME? You will need the following documents from Florida Highway Safety and Motor Vehicles (“FLHSMV”): title (legal document proving who owns the home); registration (showing payment of annual fees and taxes); and, decal (showing payment of annual registration renewal fee). The seller will need to transfer the title and registration to the buyer and provide the buyer with a bill of sale and copy of the current registration. You may request the title history for a mobile home from FLHSMV using this FORM.
- CAN REAL ESTATE AGENTS BE INVOVLED IN THE SALE OF NON-DEEDED MOBILE HOMES? For mobile homes that are personal property not affixed to the land, Florida law requires that real estate agents obtain a separate license from FLHSMV to sell the mobile home. HERE you can find the necessary form that must be filled out and submitted to apply for the license. Also, attached to the form, you can find an Instruction Booklet to guide you on how to apply.
DEEDED MOBILE HOME (REAL PROPERTY):
- WHAT IS IT? This is a mobile home that is permanently affixed to the land it sits on and is known as a real property mobile home. To be considered real property, the owner must retire title to the mobile home. This can be done by filing an APPLICATION FOR RETIREMENT OF A MOBILE HOME CERTIFICATE OF TITLE. The retirement of a mobile home cancels the title because the mobile home becomes attached to the deed.
- HOW TO RETIRE TITLE TO A MOBILE HOME IN FLORIDA? Title of a mobile home may be retired if the owner of the real property records the necessary documents with the clerk of court in the county where the real property is located. These documents include: original title; legal description of the real property; and, sworn statement by owner of real property that he/she/they is the owner and that the home is permanently affixed to the real property. Upon receipt of the required documentation, the documents are recorded against the real property and a copy of the recorded title is provided to the property owner. The owner of the mobile home can then file an application for retirement of the title. Florida Statutes Section 319.261, outlines the requirements that must be satisfied to retire title to a mobile home in Florida. Also, HERE you can find step-by-step instructions on how to apply for retirement of a mobile home certificate of title.
- HOW IS OWNERSHIP ESTABLISHED? Ownership is established through a deed.
- WHAT HAPPENS DURING A SALE OF A DEEDED MOBILE HOME? To transfer the mobile home to a buyer, you would follow the same steps as in any other real estate transaction including using a deed, a title company and a closing agent.
- CAN A REAL ESTATE AGENT BE INVOVLED IN THE SALE OF A DEEDED MOBILE HOME THAT IS AFFIXED TO OWNED LAND? Yes, a real estate licensee may sell a mobile home when the title is retired and it is considered real property.
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