Legal Steps for Selling a Manufactured Home in South Dakota

Thinking about selling your manufactured home in South Dakota? Understanding the legal process is essential whether you own your home, rent the land it sits on, or both. While moving can be stressful, having a clear roadmap helps protect your rights and ensures a smooth transition for both sellers and buyers.

Understanding Ownership and Park Agreements

In South Dakota, many renters own their manufactured home but lease the land beneath it from a park or community owner. If you're in this situation, you’ll need to consider both your responsibilities as the home’s owner and your agreement with the park.

• If you own your manufactured home, you are legally allowed to sell it, but must follow specific steps under state law.
• Your lease or rental agreement may require notifying the park management before selling or transferring the home. Check for any "Right of First Refusal" or similar clauses.
• The buyer may need to apply for tenancy with the park, and the park owner may have the right to approve or deny them, but cannot do so unreasonably.

Key Legal Steps in South Dakota

South Dakota law treats manufactured homes similarly to vehicles for titling and transfer purposes. This means you’ll use the state’s titling system to officially transfer ownership.

1. Notify Your Manufactured Home Park (If Applicable)

• Review your lease for notice or approval requirements.
• Notify the park in writing of your intent to sell. This ensures you comply with park rules and gives management a chance to introduce the buyer to community guidelines.

2. Complete the Manufactured Home Title Transfer

• South Dakota manufactured homes have a certificate of title issued by the South Dakota Department of Revenue, Motor Vehicles Division.
• To transfer ownership, both seller and buyer must complete the Application for Motor Vehicle/Manufactured Home Title & Registration (Form MV-608) (official form link).

This form records the new owner's details with the state and is needed for the buyer to legally own and occupy the home.

3. Pay the Sales Tax and Registration Fees

• South Dakota law requires sales tax be paid at the time of title transfer. Both parties should ensure all taxes and outstanding fees are handled through the county treasurer’s office.
• If the manufactured home is located within a park, the new owner may also need to update their residential information with both the park and local authorities.
• Visit your local County Treasurer’s Office to complete the transaction in person.

4. Finalize Park Tenancy (If Renting the Land)

• The new owner (buyer) must usually apply for tenancy with the park just like any other renter.
• The park owner can require reasonable background checks or application forms, but cannot unfairly deny the new owner occupancy rights¹.

Important Forms for Selling Your Manufactured Home

• Application for Motor Vehicle/Manufactured Home Title & Registration (Form MV-608): Required to transfer title of your manufactured home to a new owner. Download from South Dakota Department of Revenue.
  Example: If you are selling your home to a private buyer, you and the buyer will both need to complete and sign Form MV-608, then submit it in person at your County Treasurer’s Office to finish the title transfer.

State Tribunal for Tenancy Issues

If you run into disputes over park tenancy or eviction during the process, you may need to contact the South Dakota Unified Judicial System – Small Claims Court. This is the official tribunal for residential tenancy and eviction matters in South Dakota.

The relevant law for manufactured home rentals is South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant. It provides rules protecting tenants and sellers during transitions².

FAQ: Selling a Manufactured Home in South Dakota

1. Do I need park approval to sell my manufactured home?
   If your home is in a manufactured home park, check your lease. Most parks require you to inform them and may require new owners to apply for tenancy, but they cannot unreasonably withhold approval.
2. What if the title is lost or incorrect?
   If you've lost your manufactured home title, request a duplicate by filing for a replacement title with the South Dakota Department of Revenue. The same office can help you correct any errors on the title before selling.
3. Are there taxes or fees when selling my manufactured home?
   Yes, South Dakota charges sales tax and may apply registration fees during the title transfer. These must be paid at your local County Treasurer’s Office at the time of sale.
4. Is a written contract required for selling a manufactured home?
   A written sales contract isn't required by law but is highly recommended for clarity and proof of the agreement. The official transfer is done via the title.
5. What if the buyer is denied tenancy by the park?
   If you believe park management is unfairly denying a qualified buyer, you can contact the Small Claims Court for dispute resolution or seek legal advice.

Key Takeaways

• Use official South Dakota title forms and notify your park if selling a home in a community.
• Make sure all park rules and tenancy requirements are followed by you and your buyer.
• The South Dakota Unified Judicial System handles tenancy disputes and evictions.

With the correct forms, clear communication, and attention to the law, you can sell your manufactured home smoothly and confidently in South Dakota.

Need Help? Resources for Renters

• South Dakota Department of Revenue – Manufactured Home Title & Registration
• South Dakota Unified Judicial System – Small Claims Court
• South Dakota Department of Social Services – Legal Resources
• South Dakota Law Help – Free Legal Help for Renters and Tenants

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1. See South Dakota Codified Laws, Chapter 43-32: Landlord and Tenant.
2. Full text at SD Codified Laws, Ch. 43-32.

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