MHCO Article Topics

Selling

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.

Comparison of Current Law to Compromise Legislation - (Community Sale Notification Process - Removal of "Right of First Refusal" Language from Current Statute)

Community Update
Chuck Carpenter
Current Oregon law (adopted in 1989) already requires manufactured home park landlords/owners to notify park residents prior to a sale to another owner and to negotiate a possible sale to the residents. ORS 90.760, 90.800 to 90.840. Unfortunately, both landlord and tenant advocates recognize that the current law is seriously flawed and doesn't work for either side.

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.