Can the Original Buyer Sell a Mobile Home Still in My Name?

Question from Jbig, Can the Original Buyer Sell a Mobile Home Still in My Name?

Answer from AI:

When you sell a mobile home to someone without a formal purchase agreement or a notarized bill of sale, and the buyer does not transfer ownership into their name, the situation can become legally complex. This complexity is further compounded if the mobile home is situated on land not owned by either party involved in the sale. Understanding your rights and the steps you can take in such a scenario is crucial.

Understanding Ownership and Rights

In the absence of a formal purchase agreement or a notarized bill of sale, proving the transfer of ownership can be challenging. Generally, the legal owner of the mobile home is the individual whose name is on the title. If the title is still in your name, you are technically the legal owner. However, the notarized agreement to move in 6 months complicates matters, as it shows intent to transfer ownership or possession.

Key Points to Consider:

• Legal Ownership: If your name is still on the title, you are considered the legal owner.
• Verbal Agreements and Notarized Documents: While not as strong as a formal purchase agreement, they can still have legal significance and demonstrate intent.
• Storage Fees: The imposition of storage fees by a third party (e.g., your brother) not owning the land adds another layer of complexity and may not be legally enforceable without a prior agreement.

Steps to Take

1. **Consult a Legal Professional:** Given the complexity of your situation, consulting with a legal professional who specializes in property law is crucial. They can provide advice tailored to your specific circumstances.

2. **Review the Notarized Agreement:** Understanding the terms outlined in the notarized agreement is essential. It may contain clauses that affect your rights and obligations.

3. **Contact the Buyer:** Open a line of communication with the buyer to discuss the situation. It may be possible to resolve the issue amicably.

4. **Consider Mediation:** If direct communication does not resolve the issue, mediation can be a cost-effective way to reach an agreement with the help of a neutral third party.

5. **Title Transfer:** If it is determined that the sale should proceed, ensure that the title transfer is completed correctly to avoid similar issues in the future. This typically involves filling out the necessary paperwork with your state’s department of motor vehicles (DMV) or equivalent agency.

Legal Resources

– **State DMV:** For information on transferring mobile home titles, visit your state’s DMV website.
– **Legal Aid:** If you require legal assistance but are concerned about costs, look into local legal aid organizations that offer services to those who qualify.

Conclusion

While you may still have rights as the legal owner since the title is in your name, navigating the legal implications requires careful consideration of the notarized agreement, any verbal agreements, and the specific laws of your jurisdiction. Consulting with a legal professional is strongly recommended to ensure that your rights are protected and to guide you through the process of resolving this issue.

Remember, this information is intended to provide general guidance and should not be considered legal advice. Each situation is unique, and laws vary by state. Always consult with a legal professional for advice specific to your circumstances.