- April 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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# My Brother’s Struggle with Selling his Mobile Home in British Columbia
My brother is currently facing a challenging situation in trying to sell his mobile home in British Columbia. He is the sole owner of the mobile home and pays a pad rental fee, as is customary in such situations.
However, a major obstacle has arisen in the sales process. The bank requires the landlord (in this case, the owners of the trailer park) to sign a “landlord consent form” for the sale to proceed. Unfortunately, the landlord is refusing to sign the form unless it is a full cash offer, meaning no financing options are available.
Mobile homes in the area are selling for well over $200,000, and my brother’s mobile home, which is in excellent condition and less than 12 years old, falls into this category. The exorbitant price tag makes it virtually impossible for potential buyers to come up with such a large sum all at once.
My brother, along with a few other residents in the park, has been attempting to challenge this restriction but has been met with resistance. They feel trapped and wonder if there is any recourse available to them. Can the landlord truly prevent them from selling their homes and force them to stay indefinitely?
One potential solution that has been considered is relocating the trailer to a different park and selling it from there. However, this option comes with significant financial costs that may not be feasible. Another risky alternative would be to stop paying the pad rental fee, but the consequences of such an action are uncertain.
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The AI Legalese Decoder can break down the legal jargon and provide valuable insights into potential avenues for resolving the issue with the landlord. It can offer guidance on how to navigate the legal requirements and potentially find alternative solutions, such as negotiating with the landlord or exploring other selling options.
With the help of AI Legalese Decoder, my brother and his fellow residents can make more informed decisions and take proactive steps towards resolving the issue surrounding the sale of their mobile homes.
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Why do trailer parks not allow their residents to have mortgages on their homes?
Not legal advice, but we had this issue when buying a mobile home. You just need to find a different park. A lot of them have “no mortgage” clauses like you’ve described. It took us awhile to find not only a bank that would let us take out a mortgage on a mobile, but also a park where we could have a mortgage. It’s brutal out there. Best of luck.
When I worked in lending we had a list of parks we would not lend in as they wouldn’t sign that form. It doesn’t allow them to seize your trailer for rent arrears or penalties, I hated mobile home loans as the CMHC conditions were usually so strict that we couldn’t approve them. I had one where we had to get the serial numbers of the furnace hot water tank and all appliances to add to th chattel mortgage
I was a mortgage lender for several years and have worked on multiple “trailer park” deals, although I no longer work in that space.
All financing deals required the consent of the landlord because basically the landlord has to agree to allow the mortgage lender or the representatives into the park to conduct a repo procedure on the home in the event of foreclosure.
This is a very common clause and prevents lots of financed purchases from going through, unless the purchaser has another alternative like doing an equity takeout on another property to come up with the cash to buy the mobile unit.
Your brother would have agreed to this clause as part of the lease agreement when he moved in to the park. If he didn’t understand the implication when he moved in to the park, then that’s very unfortunate, but it’s totally on him…
I looked at a coop mobile park. Banks won’t mortgage those and a personal loan is required. Still doable
Move the trailer
Sell it to someone on a RTO lease?
This is one reason why buying mobiles with mortgages is difficult and why you can’t get a standard mortgage.
Unless he can find a buyer the land lord owns the property the mobile home is on. Your brother can choose to abide by their choices or move the mobile home.
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Contact the RTB, they may be able to point you in the right direction. But as I undestand the law your brother should request consent from the landlord in writing, by registered mail. If the landlord refuses, you probably need to go to the RTB. You don’t need a lawyer, it’s pretty easy actually.
Here’s the law in question:
[http://www.housing.gov.bc.ca/rtb/bc_laws/MHTR.html](http://www.housing.gov.bc.ca/rtb/bc_laws/MHTR.html)
Section 48 lists reasons to withhold consent.
*(ii) the landlord, on the basis of credit information, has reasonable grounds to conclude that the proposed purchaser is unable or unlikely to pay the rent;*
Note the word “reasonable” . Your brother’s landlord is not being that, and an arbiter is likely to agree.
Path of least resistance seems to be to find a buyer that can pay cash. For example, someone downsizing from another property (condo or house) with over $200K equity.
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