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Sale of Home

Summer 2014 Legislative Update

Community Update
Chuck Carpenter

Last month the manufactured housing landlord-tenant coalition met to continue discussing issues in preparation for the 2015 Oregon Legislative session. As mentioned earlier, the coalition is a group of manufactured housing community interests - tenant organizations, landlord associations, banking interests, builders - that meet once a month to discuss industry issues.

Phil Querin Q&A: Can Community Owner Insist Resident Use Specific Sales Agent When Selling Home in the Community?

Phil Querin Questions & Answers
Phil Querin

Answer: Bad news on both fronts. Let me answer your second question first. You may NOT share in a real estate commission unless you have your own Oregon real estate license. This prohibition against commission sharing even applies between real estate agents and the homeowner they represent. Here is the applicable Oregon Law:

Phil Querin Q&A: Resident Improvements and Building Code Compliance

Phil Querin Questions & Answers
Phil Querin

Answer: This situation is not directly addressed in the Oregon manufactured housing laws. First, some general observations: The manufactured housing side of the landlord-tenant law regards the "space" as the "premises." For example, a resident in an apartment may not, without landlord permission, intentionally make major structural changes to the interior of the premises.

Manufactured Home Dealer's License - What You Need to Know

Community Update
Chuck Carpenter
Do I need a license to sell manufactured homes?Yes. Individuals or entities that sell a manufactured home on behalf of another person have always required a license. If I am a licensed real estate agent, can I sell manufactured homes?In some cases, real estate brokers will need an MSD license.

Phil Querin Q&A: Selling New Manufactured Home for Community Sales

Phil Querin Questions & Answers
Phil Querin

Answer: The following answers should not be regarded as "legal advice" since this column is intended to be purely educational and for general information purposes. You need to consult your own attorney for a legal opinion. - You are correct about the law; the limited dealer's license is just for park owners with abandoned homes.

Phil Querin Q&A: Accepting Application When You Suspect Applicant Does Not Qualify.

Phil Querin Questions & Answers
Phil Querin

Answer: A judgment is a lien on all real property that is owned by the judgment debtor in the county in which the debtor resides. The lien gives the judgment creditor the right to "execute" on that real property, i.e. force a sale of the property with the proceeds being applied toward payment of the judgment. It is good for ten years and can be renewed for another ten years.

Phil Querin Q&A: Home Reseller Paying Fees to Employees of Another Company

Phil Querin Questions & Answers
Phil Querin

Answer: I cannot find any law precisely on point, so will have to "reason by analogy." For purposes of answering the question, I will assume that the payor and the payee both have an Oregon manufactured structures dealer's ("MSD") license. However, that license only permits one to conduct business from a single location.

Rental Application Process (Part 4 of 6): Prospective Applicants & Purchasing Existing Manufactured Home in the Community

Community Update
Chuck Carpenter
Purchaser of Existing Manufactured Home in the ParkWhen any existing resident intends to sell their manufactured home the resident must do the following:1. Give the landlord a written 10-day notice of their intent to sell their manufactured home. (Note: The 10 days will run parallel with the 7 day application process - i.e.