I have a question for someone more familiar with this type of situation. I have bought three mobile homes inside of a park that I rehabbed and turned around and sold. The process on the first unit started out smooth and easy. I just finished on the third unit and got it sold, finally…after the park owner revised the mandatory changes 3 times, at our expense and delayed the sale by an entire month. I currently have two more units under contract and was set to close on them this week. I just got off the phone with one of the sellers who said the owners of the park are not allowing them to sell the home to me. Now, the owners are telling me that I am not allowed to buy or broker any more units inside any of the three parks they own. My question is: Is it legal for them to discriminate against me in this way? I am a licensed broker as well. Thank you in advance for any advise. I am looking forward to the boot camp coming up in Chicago!!
I’m not sure of the case law regarding this, but the park owner is definitely guilty of being stupid. Any park owner would love to have you in their park, and would probably pay for the move of the homes to their lots at no cost to you (I know we would). Is the park near one of ours, as I know we’d pay the cost to move it, and give you no further hassles? If it’s not near one of our parks, I’m certain there are ten other owners who would be all over that deal in 5 minutes.If the park owner has the first option to buy the homes (which many park owners do) then there may be no recourse here. But on the units you already own and control, you should have no problem finding a park owner who will accommodate you if these guys won’t.
I am not intending to move any units in or out of the park. I am simply buying from a private seller, improving the unit and then selling it. They are telling the two sellers I have under contract that they are not allowed to sell the units to me, but they can sell them to anyone else. Are they discriminating against me or the seller? Is it worth having my attorney review the laws or should I just move on to another park? Thanks
What’s at issue is if they have first option on the units, under some type of agreement with the tenants. If not, then you might have a case. But the reality is that going to court in the U.S. will cost at least $25,000 to get started, and it’s probably not economically sensible to fight it. If you have other parks that are more flexible and amiable, I would change over to them. If they are this impossible on the front end, I’m sure it will just get worse.
Thank you Frank for the advise. See you in Chicago.