Legal Steps to Sell Your Manufactured Home in Hawaii

Selling a manufactured home in Hawaii comes with important legal and practical considerations. Whether you live in a manufactured housing community or own the land, understanding the process helps protect your rights and avoid headaches. This article explains the main steps to sell your manufactured home in Hawaii, including required forms, park owner involvement, and state laws that impact renters and owners.

Understanding Your Rights as a Manufactured Home Seller in Hawaii

Hawaii law recognizes manufactured homes as private property, but selling one is not the same as selling a traditional house. If your home sits on leased land or within a mobile home park, state law and your lot rental agreement set out specific procedures for selling.

Check Your Rental or Lease Agreement

Start by reading your lease or rental agreement with the mobile home park. Many agreements include rules about selling your home, especially if prospective buyers want to keep the home on the same lot. Park owners may reserve certain rights, such as approving the buyer or conducting their own inspection.

• Tip: Notify the park owner before you put your home on the market, as most leases require advance written notice.

Key Legal Steps for Selling Your Manufactured Home

• Confirm Legal Ownership: Make sure your name appears on the Certificate of Ownership (similar to a car title) through the Hawaii Department of Transportation.
• Check for Outstanding Fees: Clear any unpaid rent, utilities, or lot charges, as the park may require this before allowing a sale.
• Provide Written Notice: Hawaii law requires written notice to the park management regarding your intent to sell and the buyer's intent to stay[1].
• Complete the Title Transfer: The sale is not official until you transfer the Certificate of Ownership. This process is handled by the Hawaii Department of Transportation.

Official Forms and How to Use Them

• Certificate of Ownership (Form CS-L(MVR)50)
  • When and How to Use: Initiate this transfer after completing the sale. Both the seller and buyer must sign the form and submit it to the nearest Hawaii Department of Transportation Motor Vehicle Safety Office. This legally transfers ownership to the new buyer.
  • Download the Certificate of Ownership form and instructions
• Bill of Sale
  • When and How to Use: A bill of sale records the transaction between you and the buyer and is often required by the park and Department of Transportation. List the home's details and sale price, and both parties should sign. While Hawaii does not have a single standardized bill of sale form, you may find a template with your county or park management.
• Notice to Park Owner
  • When and How to Use: Provide the park owner written notice, as required by your lease and by Hawaii law, detailing your intent to sell and info about the prospective buyer if they intend to remain in the community. There is no universal state form, but your park management may supply one.

Park Owner Rights and Approvals

If your home is in a mobile home park, the owner has the right to:

• Screen the new prospective resident for background or credit (following Hawaii's fair housing laws).
• Ask for information about the buyer.
• Require unpaid rent or fees to be paid before consenting to the transfer.

However, park owners cannot unreasonably refuse the sale or prevent the buyer from renting the lot, provided the buyer meets community criteria.^[1]

Which Tribunal Handles Manufactured Housing Disputes?

The main body for disputes involving mobile home parks, including issues around the sale of manufactured homes, is the Hawaii Department of Commerce and Consumer Affairs Landlord-Tenant Center. Serious disputes may ultimately be resolved in the Hawaii State District Court.

Relevant Legislation

The primary law covering mobile home and manufactured housing sellers in Hawaii is the Hawaii Residential Landlord-Tenant Code and local county laws regarding manufactured/mobile homes.^[1]

FAQ: Selling Manufactured Homes in Hawaii

1. Do I need the park owner's approval to sell my manufactured home?
   Yes, if your home is on leased land in a mobile home park, most leases require written notice to the park owner and buyer screening. Approval can't be unreasonably withheld.
2. What if the buyer wants to move the manufactured home off the lot?
   If the buyer will relocate the home, only the transfer of title and notification to the Hawaii Department of Transportation are necessary. Park owner approval is generally not needed in this case.
3. Are there any required inspection or repairs before sale?
   Hawaii state law does not mandate a pre-sale inspection, but park rules or the buyer may request one. Address needed repairs to maximize your selling price.
4. Who handles disputes if the park owner blocks my sale?
   The Hawaii Department of Commerce and Consumer Affairs Landlord-Tenant Center offers information and can help with complaints, and legal disputes may be taken to Hawaii State District Court.

Conclusion: Key Takeaways

• Start with your lease and confirm your rights and obligations before selling.
• Notify your park owner in writing and follow the rules on screening buyers.
• Use official forms, including the Certificate of Ownership, to legally transfer title.

Selling a manufactured home in Hawaii is a clear process if you pay attention to your lease, file the required paperwork, and stay informed about your rights under the Hawaii Residential Landlord-Tenant Code.

Need Help? Resources for Renters

• Hawaii Department of Commerce and Consumer Affairs Landlord-Tenant Center – Guidance on landlord-tenant and manufactured home questions
• Hawaii Department of Transportation Mobile Homes Information – Forms and title transfer contacts
• Hawaii State Judiciary Landlord-Tenant Self-Help – Legal process information and courts

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1. See Hawaii Residential Landlord-Tenant Code (HRS §521) for sale and notice provisions.

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