Legal Steps for Selling a Manufactured Home in Arkansas
Selling your manufactured home in Arkansas involves some unique steps and legal requirements that help protect both sellers and buyers. Whether you rent the land or own it, understanding your rights and responsibilities makes the process smoother and helps avoid disputes. This guide explains the process, outlines the main paperwork, and connects renters and sellers to trusted state resources.
Understanding Ownership and Land Leasing
In Arkansas, many manufactured homes are situated on land owned by someone else, such as in a mobile home park. This means that during a sale, the actual home can be sold separately from the land, and renters have specific rights and obligations regarding the lease of that land.
Step-by-Step Guide to Selling Your Manufactured Home
Here’s an overview of the typical legal process when selling your manufactured home in Arkansas:
1. Verify Ownership and Title
- Check the title: Manufactured homes in Arkansas are titled like vehicles. Ensure your title is clear (no liens) and matches your name and home details.
- You can obtain title records or request a duplicate title from the Arkansas Department of Finance and Administration (DFA).
2. Notify the Landlord or Park Manager
- Most land lease agreements or mobile home park rules require you, as the seller, to notify the landlord in writing before listing or selling your manufactured home.
- If you’re in a park, review your lease agreement for any rules about sale, required notification, or transfer fees.
3. Complete a Bill of Sale
- Draft a Bill of Sale to record the transaction. This form should include buyer and seller information, home description (make, model, serial number), date of sale, and the price agreed.
- Although Arkansas doesn’t have a mandatory state form, you can find a suggested template through the DFA's Official Vehicle Forms page. Use the "Vehicle Bill of Sale" for manufactured homes as directed by the DFA.
4. Assign and Transfer the Title
- Sign over the title to the buyer. You must fill out the assignment section on the back of your Arkansas Certificate of Title.
- The buyer will then submit the signed title, Bill of Sale, and proof of property tax payment to the DFA to re-title the home in their name.
- Learn more about the title transfer process with the DFA.
5. Settle Lot Rent Obligations
- Before sale, ensure you have paid all outstanding lot rent. Unpaid rent can sometimes lead landlords to claim a lien or block removal of the home.
- Check with your park for any rules about moving the unit post-sale or fees for removing the home.
6. Update Lease or Arrange for Home Removal
- If the buyer is staying on the lot, they’ll likely need to apply and be approved as a new tenant by the landlord.
- If the unit is being moved, ensure all required park and city notice periods are met, and arrange moving permits as needed. Check with the DFA for any transport or haul-away requirements.
Key Official Forms and Where to Find Them
- Arkansas Certificate of Title – replacement and transfer instructions here. Needed for all manufactured home sales. Example: Used when you transfer ownership to a buyer who wants to title the home in their name.
- Vehicle Bill of Sale (Form 10-313) – Available from the DFA. Used to document the sale of your manufactured home. Example: Fill this out when privately selling the home to another individual.
- Proof of property taxes paid – Required for title transfer. Example: The county collector can provide you with this receipt if your taxes are up to date.
Your Rights and Protections as a Renter or Seller
Arkansas law protects both renters and owners in manufactured home scenarios. Landlords cannot impose unreasonable sale restrictions, but parks may set fair rules about buyer approval or removal of the home.
Relevant legislation includes the Arkansas Residential Landlord-Tenant Act of 2007 and sections in the Arkansas Code on manufactured homes – see Title 27, Subtitle 3, Chapter 14 for titling.
Official Tribunal for Disputes
In Arkansas, disputes about manufactured home sales, landlord issues, or lot leases can be taken to your local District Court. There is no special housing tribunal; most housing disputes are handled in local courts.
FAQ
- Do I need my landlord’s permission to sell my manufactured home?
Generally, you don't need permission to sell your home, but you usually must notify your landlord in writing, especially if the home will remain in the park. Always check your lease or park policy for specific rules. - What happens if the buyer wants to move the home?
The buyer must get permission from the landowner and follow all local moving, utility, and permit requirements. Both parties should settle any rent owed before moving the home. - Can a landlord refuse to approve the new buyer as a tenant?
Landlords can apply fair and reasonable criteria to approve the new resident but can't reject applicants arbitrarily or in a discriminatory way. - What if I’ve lost my title?
You can apply for a duplicate through the DFA Replacement Title page. Bring identification and proof of ownership to your local DFA office. - Which law protects my rights as a seller or renter?
The Arkansas Residential Landlord-Tenant Act of 2007 covers most of your rights and responsibilities in these transactions.
Conclusion: Key Takeaways
- Always check your manufactured home title and lot lease before starting the sale process.
- Use official forms, like the Bill of Sale and Certificate of Title, for a legal transfer.
- Contact the DFA or a local district court for help with paperwork or disputes.
Staying organized and following the Arkansas law helps ensure a smooth sale for both sellers and buyers.
Need Help? Resources for Renters
- Arkansas Department of Finance and Administration (DFA) Motor Vehicle Division – for title, tax, and form assistance.
- Arkansas Government Housing Resources – official information for renters and owners.
- Legal Aid of Arkansas – free legal advice for qualifying residents with landlord-tenant disputes.
- Arkansas District Courts – file or resolve disputes related to manufactured home sales or lot leases.
- See the Arkansas Residential Landlord-Tenant Act of 2007 for tenancy protections and landlord-tenant requirements.
- More details on manufactured home titling: Arkansas Code Title 27, Chapter 14.
- Official forms and guidance are provided by the Arkansas DFA Motor Vehicle Division.
- For disputes, contact or locate your local Arkansas District Court.
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