Legal Steps for Selling a Manufactured Home in SC
Selling a manufactured home in South Carolina involves specific legal steps that protect both renters and owners. If you're a renter who owns your mobile home but rents the land beneath it, or you are considering selling your manufactured home, understanding these requirements is essential. This guide explains the process in plain language, using South Carolina law and official resources to help you navigate the sale smoothly and lawfully.
Understanding Manufactured/Mobile Home Ownership in South Carolina
In South Carolina, it's common to own your manufactured home while renting the lot or space it occupies in a mobile home park. This situation gives you certain rights and responsibilities, especially if you decide to sell your home. The sale of the home itself is separate from the rental agreement for the lot, so both need to be considered in the process.
Key Legal Requirements Before Selling
- Ownership Documents: You must have a valid Certificate of Title for the manufactured home in your name. All liens must be satisfied or released.
- Compliance with Park Rules: Many parks have rules about selling homes on-site. Notify your park manager and review your lease or park rules before proceeding.
- Notice to Landlord: South Carolina law and most rental agreements require you to provide notice to the landlord before selling or moving the home.
- Taxes and Fees: State and local property taxes must be current. The county treasurer provides a tax certificate needed for transferring the title.
Official Forms You Will Need
- SC Certificate of Title (Form 400-NM): This is the official title transfer form for manufactured homes. Complete it to transfer ownership to the buyer. Read more and access the form through the SCDMV.
- Bill of Sale: While not always required by law, a bill of sale documents the terms of your transaction and can help avoid disputes.
- Tax Certificate: Obtainable from your county treasurer, this certificate proves that property taxes are paid up-to-date. It must be submitted with your title application. Learn more about these requirements from the South Carolina Department of Revenue.
Practical Example: Transferring the Home's Title
Suppose you're selling your home to another individual. You and the buyer both complete the Form 400-NM (manufactured home title application) and obtain the county-issued tax certificate. These documents are submitted to the South Carolina Department of Motor Vehicles (SCDMV), which issues the new title in the buyer's name.
Step-by-Step: How to Legally Sell Your Manufactured Home
- Check your manufactured home’s Certificate of Title and ensure it accurately lists you as the owner, without outstanding liens.
- Notify your park or land manager of your intent to sell, as required by your lease or park policy. Request written confirmation of any special rules about the sale or removal of your home.
- Settle all property taxes with the county and obtain a tax certificate.
- Complete a Bill of Sale outlining all key terms (price, "as is" status, closing date, etc.) for you and the buyer.
- Together with the buyer, fill out Form 400-NM and submit the required documents and fees to the SCDMV. See the SCDMV guidance here.
- If the new owner will remain as a renter in the community, make sure the lot lease is properly assigned or a new one is signed.
- Keep copies of all documents for your records and provide them to the buyer as appropriate.
Carrying out these steps precisely helps prevent future complications for both you and the buyer.
Understanding Tenancy Rights and Park Approval
The sale of your manufactured home does not automatically transfer your lot lease. Most South Carolina mobile home parks have the right to approve or deny a new tenant (the buyer). The new owner must typically qualify with the landlord to continue renting the lot. It’s important to coordinate the home sale with the landlord or management, and ensure the buyer is aware of this requirement.
If your buyer isn’t approved to rent the lot, they may need to move the home off-site—which involves additional costs and steps. Always communicate clearly with both the landlord and prospective buyers.
Where to Get Help with Disputes or Questions
South Carolina’s manufactured housing sales and rental issues are adjudicated by local magistrate (small claims) courts. For tenancy disputes, you’ll refer to the South Carolina Residential Landlord and Tenant Act.[1] You can find your county’s magistrate court contact information on the official South Carolina Judicial Department website.
FAQ: Selling a Manufactured Home in South Carolina
- Do I need my landlord’s permission to sell my manufactured home?
Generally, you do not need direct permission to sell your home, but you must notify your landlord and check your lease for any applicable rules. The new owner will need park approval to continue renting the lot. - What documents are required to transfer ownership?
You need the Certificate of Title (Form 400-NM), a Bill of Sale, and a paid property tax certificate from your county treasurer. - Can my landlord stop a sale?
Your landlord cannot stop you from selling the home itself, but they can deny the buyer’s application to rent the lot if the buyer does not meet community qualifications. - If I owe back rent, can I still sell my home?
You can sell the home, but unpaid rent might become a lien or lead to eviction. Resolve financial disputes before closing the sale. - Where do I file complaints if the sale process is unfair or blocked?
Disputes can be brought to your local magistrate court or reported to the South Carolina Department of Consumer Affairs for further guidance.
Conclusion: What Renters Should Remember
- Always have your ownership documents and taxes up-to-date before listing your manufactured home for sale.
- Notify your landlord or park manager early and make sure you follow all community rules about selling or transferring your home.
- Use the required South Carolina forms for title transfer and keep records of every step.
Selling your manufactured home in South Carolina is straightforward when you understand your rights and obligations, and use the correct legal forms and communication channels.
Need Help? Resources for Renters
- South Carolina DMV: Manufactured Home Title & Transfers
- South Carolina Magistrate Courts (handles tenancy and ownership disputes)
- South Carolina Department of Revenue: Property Tax Guidance
- South Carolina Residential Landlord and Tenant Act (current law)
- SC Department of Consumer Affairs
- See the South Carolina Residential Landlord and Tenant Act for statutory renter protections, notification rules, and park tenancy rights.
- For ownership transfer requirements, refer to the official SCDMV Manufactured Home Title Transfer page.
- Property tax verification is explained by the South Carolina Department of Revenue.
- Magistrate Courts' role in tenancy disputes is detailed by the South Carolina Judicial Department.
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