Florida Legal Steps to Sell a Manufactured Home

Selling a manufactured home in Florida involves specific legal steps to protect both buyers and sellers. If you’re a renter living in a mobile home park, it’s important to know your rights and the procedures you must follow under Florida law. This article explains in plain language what you need to do to make a legal sale, and how to avoid common issues with buyers, landlords, and park management.

Understanding Your Rights as a Seller

Florida recognizes manufactured homeowners’ rights under Chapter 723 of the Florida Statutes – Mobile Home Park Lot Tenancies. As a resident in a mobile home park, you can generally sell your home, but must follow park rules and notify management.

Park owners cannot unreasonably prevent, deter, or limit your right to sell your manufactured home. However, buyers may need to meet park residency requirements, and you are required to notify park management before selling.^[1]

Legal Steps for Selling Your Manufactured Home in Florida

• Review Your Lot Lease or Rental Agreement: Confirm if your agreement has requirements about selling, such as required notice, transfer fees, or approved sale process.
• Notify Park Management in Writing: Florida Statutes require you to notify the park owner in writing before selling your manufactured home to a new owner who will occupy the home in the park.^[2]
• Screening of Prospective Buyer: The park owner has the right to approve or disapprove the buyer as a new resident, as long as the process is reasonable and non-discriminatory.
• Disclose Home’s Condition: As a seller, you must disclose known facts that materially affect the value of the home and are not readily observable.
• Complete Required Title Transfer Forms: The main form is the Florida Certificate of Title With/Without Registration (Form HSMV 82040). Both seller and buyer must sign this form to transfer ownership through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
• Bill of Sale: While not always required by law, it is highly recommended to fill out a Bill of Sale, like Vehicle/Mobile Home Bill of Sale (Form HSMV 82050), documenting the transaction for both parties’ records.
• Pay Any Transfer Taxes or Fees: There may be fees required by FLHSMV for title transfer and sales tax arrangements.

Official Forms: What You Need and When

• Florida Certificate of Title With/Without Registration (Form HSMV 82040):
  FLHSMV Form 82040 is required to transfer ownership. Example: Once you reach an agreement to sell, both you and the buyer must fill out and sign this form at the time of sale, then submit it to your local FLHSMV office.
• Vehicle/Mobile Home Bill of Sale (Form HSMV 82050):
  FLHSMV Form 82050 is highly recommended to document the amount paid and the buyer and seller details. Example: You complete and sign this with the buyer to protect both parties in case of a later dispute.

Required Notifications and Timelines

• You must notify park management before selling. Although Florida law does not set a fixed number of days, your lease or park rules may specify the timing.
• Once notified, the park owner or manager must respond to your buyer’s application within a reasonable time—typically up to 15 days.^[3]

Who Oversees Mobile Home Tenancy in Florida?

The Division of Florida Condominiums, Timeshares, and Mobile Homes handles disputes and oversight regarding mobile home parks in Florida. For residential tenancies laws, see Chapter 723 – Mobile Home Park Lot Tenancies.

What If There’s a Dispute?

If you have problems with park management about selling your home, you can submit a complaint to the Division using their official Mobile Home Complaint Form. Typical issues include unreasonable delays in buyer approval or unfair restrictions on sales.

1. Gather all documents (lease, notice, sale agreement, correspondence)
2. Complete the complaint form
3. Submit via email or mail as directed on the official web page.

For a full summary of your rights and obligations, review the Mobile Home Park Lot Tenancies Act Summary provided by the state.

Frequently Asked Questions

1. Can the park owner stop me from selling my manufactured home?
   No. In Florida, park owners cannot unreasonably block the sale of your manufactured home, but buyers may need to meet the park’s residency requirements.
2. What forms do I need to sell my manufactured home?
   You must use the Certificate of Title (Form HSMV 82040) and should use a Bill of Sale (Form HSMV 82050). Additional documents may be required by your park or county.
3. How long does buyer approval by park management take?
   Florida law provides a "reasonable time," often interpreted as up to 15 days, but check your lease or park rules for specific timelines.
4. What is the official agency in Florida for manufactured housing disputes?
   The Division of Florida Condominiums, Timeshares, and Mobile Homes oversees these matters.
5. Who pays transfer taxes and fees when selling a manufactured home?
   Usually the buyer, but arrangements may vary; fees are set by the Florida Department of Highway Safety and Motor Vehicles.

Conclusion: Key Takeaways

• Florida law protects your right to sell your manufactured home with reasonable notice and prescribed forms.
• Always fill out and submit the proper title and bill of sale forms with both the FLHSMV and park management.
• For any disputes, contact the Division of Florida Condominiums, Timeshares, and Mobile Homes for help.

Need Help? Resources for Renters

• Division of Florida Condominiums, Timeshares, and Mobile Homes – Complaint Page
• Florida Department of Highway Safety and Motor Vehicles (FLHSMV) – for title transfers and official forms
• Florida Mobile Home Park Lot Tenancies Act (Chapter 723)
• Florida Legal Services – Free Legal Assistance

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1. See Florida Statutes Chapter 723, sections 723.054 and 723.058.
2. See Florida Statutes 723.054.
3. See Florida Statutes 723.061(4).

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