Can I Sell My Home Without Interference or Restrictions By the Landlord?
Yes: Your rights are contained in the Illinois Statutes at 765 ILCS 745/24. The landlord cannot interfere in any way with the sale of your home but the buyer must be approved by the landlord as a tenant and have a signed, written lease before the closing unless the buyer intends to move the home out of the community immediately.
Can the Landlord Place Any Restrictions On My Buyer?
Yes: the landlord may establish general qualifications or lawful restrictions on new tenants. Examples: the landlord may require the buyer to have good credit and rental records and may limit the number of people occupying the manufactured/mobile home according to the provisions of local ordinances.
Can I Use the Services of an Independent Real Estate Agent?
Yes: If you decide to use an agent to sell your home, it is a good idea to contract with someone who has experience selling manufactured/mobile homes. You can also choose to sell your home yourself.
Do I Have To Pay Any Fee To the Landlord When I Sell My Home?
No: the landlord can only charge you if you ask him to act as your agent in the sale. If you ask the landlord to do this, he/she may charge you a commission so long as it is a percentage of the actual sale price and the percentage is put in writing prior to the sale. If you do not ask the landlord to act as your agent for the sale of your home, the landlord cannot charge you anything because you sell the home. Any charge related to the sale of the home by the landlord must have been listed specifically in the lease. It is also a good idea to enter into a written contract with the landlord if he/she is going to sell your home for you.
Can the Landlord Require Me To Use His Services to Sell My Home?
No.
If I List With A Real Estate Agent or the Landlord, Should I Have a Listing Agreement?
Yes: Be sure it is in writing.
What Should the Listing Agreement Say?
It should state the duration of the listing agreement, the percentage of the actual sale price that you must pay to the agent or landlord for helping you sell your home, the steps the agent or landlord will take in order to sell your home, and how the agreement can be ended.
Can the Landlord Require the Home To Be Removed From the Community After the Sale?
Yes: But only if the home is less than twelve (12) feet wide or it is significantly deteriorated and in substantial disrepair. If, prior to the sale, the park owner gives you written notice of unsatisfactory conditions and you do not make the necessary repairs, the landlord can require that the home be removed upon sale. Unsatisfactory conditions can include housing code violations and violations of the rules of the community. Examples of this may be leaking roof, lack of doors or window, improper utility connections, deteriorated skirting.
What If I Do Not Receive the Written Notice About the Condition of the Home Prior To the Sale?
The landlord cannot require the home to be removed from the community if you did not receive prior written notice about the conditions.