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Daniel Freudman
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We own a mobile home, in a trailer park, which we are trying

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We own a mobile home, in a trailer park, which we are trying to sell. The owner of the park has informed us that if the trailer sells they may request the trailer be moved. This has made it very difficult to sell as no one wants to buy it with this threat hanging over it. Also the owner of the park has informed us that she wants nothing to do with the realtor or prospective buyer until the sale is final. Unfortunately the agreement we signed with the park states that we can not sell to anyone unless the park owner approves of them.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Daniel Freudman replied 1 year ago.
What specifically is your question?
Customer: replied 1 year ago.

We would like to know if the owner can do this and what recourse do we have. The owner is basically made it impossible for us to sell this trailer

Customer: replied 1 year ago.

Does the owner of the park have the right to force removal of the trailer from the park? What reason can she give us. The trailer is really well cared for, but it is an older trailer.

Expert:  Daniel Freudman replied 1 year ago.
Sorry I'm not quite certain so I will let another expert handle this.
Expert:  Wendy-Mod replied 1 year ago.
Hello,


I’m Wendy, and I’m moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.


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Customer: replied 1 year ago.

I am still waiting for an answer please help


thanks

Expert:  Wendy-Mod replied 1 year ago.
Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  Fran-mod replied 1 year ago.

We are still working with the professionals to find you the best possible match. I wanted to touch base to see if you still needed a professional’s assistance.

Please let me know if you would like to continue to wait or if you would like to cancel your question at this time. We sincerely XXXXX XXXXX the extended wait time.
Customer: replied 1 year ago.

 


I'm waiting for an answer

Expert:  Fran-mod replied 1 year ago.
Your question is open to all of our Canada law experts and site researchers. It is very early on a Sunday morning, so we thank you for your patience.
Customer: replied 1 year ago.

do you not understand the question?

Customer: replied 1 year ago.

What reason does the owner of the trailer park have to give to be able to force removal of the trailer from the park?

Expert:  Fran-mod replied 1 year ago.
Your question is clear. It is very early on a Sunday morning however, and at this time, there are no Canada legal experts on line.

Please be patient while we try to find you another professional to answer this.
Customer: replied 1 year ago.

Thank you. I realize it is a long weekend.

Expert:  Fran-mod replied 1 year ago.
Thanks!
Expert:  Daniel Freudman replied 1 year ago.

As you have been waiting for quite some time without any other experst assisting, I will return to try to assist.

 

As for your question about whether the owner can request the trailer be moved after sale, the answer will largely depend on any agreement you signed when you first moved there. If you brought your own trailer and are merely renting the space from the owner, then such a rental agreement will likely only bind you and the owner. As such, once the trailer is sold, the owner would have no obligation to continue renting that space to the new buyer and thus could demand they move if the owner doesn't wish to rent to them.

 

As for your question about the owner wanting nothing to do with the realtor or prospective buyer, this is a concern since you mentioned you need his approval to sell. In most of these types of cases, there is a contractual term, whether express or implied, that the owner mustn't unreasonable withhold consent to sell. In other words, the owner is not to flat out say NO for no reason when you request he approve the sale. This arguably also applies in the sense that the owner cannot refuse to meet anyone thereby making it impossible for you to sell. As such, you could have the owner sign a document stating that he consents to the sale. If he signs this, then you could sell it without the need to have the realtor or buyer meet with him personally since his approval is a blanket statement in writing. If the owner refuses to sign such a form, and refuses to meet with the realtor and prospective buyers, then it seems as though he'd be breaching the aforementioned provision that he is not to unreasonably withhold consent. Accordingly, you could try suing him for breach of contract- or alternatively, the threat of such alone may be enough to 'scare' him into cooperating with you in this sale. In any event, it seems you have some legal recourse in this regard.

 

 

Hopefully that is of assistance.

 

If you are satisfied with my answer, please provide me with a positive rating so I can receive payment. Thank you.

 

DISCLAIMER: My communication is general legal information only and is not intended to be relied upon. This information is not legal advice, nor is it a substitute for such, and if you are seeking legal advice then it is recommended that you retain an attorney. There is no guarantee as to the accuracy of this information, nor shall I be held liable for any claim, demand or damages, actual or consequential, of any kind or nature, known or unknown, arising out of or in any way connected to this information or the issue it pertains to. No solicitor-client relationship has been created by this communication.

 

 

Daniel Freudman, Lawyer
Category: Canada Law
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Experience: Lawyer
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