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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17513
Experience:  B.A.; M.B.A.; J.D.
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Can I be refused entry to a mobile home park by an email

Customer Question

can I be refused entry to a mobile home park by an email sent from the legal dept and owned by a large corporation as a licensed mobile home broker in the state of Florida doing business legally and ethically and with the express consent of the residents who rent the property they live on. I have done nothing wrong but sell lots of homes in this community and they are upset because they want to sell the homes and make the money instead of my independent firm. I know there is a statue that states any owner of a mobile home can choose any broker/representative to list their home while in a mobile home community.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 3 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

Expert:  Attyadvisor replied 3 months ago.

Did the letter site any law that your were violating? I am pulling up the statutes as I type this.

Customer: replied 3 months ago.
810.09 Fla. Stat
Expert:  Attyadvisor replied 3 months ago.

My apologizes the computer I am on kicked me off of the site.

What Park can do is require the owner to advise them of their plan to sell.

"Sale of the mobile home park and mobile homes in the park. If a park owner wants to sell the park, the park owner must notify the officers of the homeownersassociation (created pursuant to sections 723.075 through 723.079, Florida Statutes) of the offer. The Division may take action against any park owner who implements a rule or rental agreement which restricts a home owner’s ability to sell their mobile home. Refer to sections 723.058 and 723.071, Florida Statutes. " http://www.myfloridalicense.com/dbpr/lsc/Mobile%20Homes/MHdivision.html

Let me check that Statute that you provided as I am unsure of what they are referencing.

Expert:  Attyadvisor replied 3 months ago.

Thank you I thought 810.09 was the "Trespass on property other than structure or conveyance.—" but wanted to make sure.

Customer: replied 3 months ago.
No, that still doesn't answer my question. I am not asking about a park selling . I am asking if a corporate owned mobile home park refuses a licensed mobile home broker to come into their community and go into homes that I have been invited to come into. Can they send me an email stating that I am trespassing if I go to a home through the streets of the community to see a home seller? Or show a home?
Expert:  Attyadvisor replied 3 months ago.

Yes, I know that does not answer the question I wanted to check the statutes to give you the specific reference that applies to selling the homes. Unfortunately I had a computer glitch on my end. Thank you for your patience I have the statute and will provide it momentarily.

Customer: replied 3 months ago.
It's not a park selling the park, it's residents want to sell their homes in the park but don't want the corporate office to sell them when the want to sell. They want to choose who they want to choose which is 723.058
Customer: replied 3 months ago.
the company that owns the park does not want ME specifically to sell homes in the park or come to residents home even when invited by residents. They sent me an email stating I would be trespassing.
Expert:  Attyadvisor replied 3 months ago.

I understand. You want to know if the owner can chose their own agent to sell their homes and the Park is blocking that ability. And yes you have the correct Statute.

723.058 Restrictions on sale of mobile homes.—

(1) No mobile home park owner or subdivision developer shall make or enforce any rule, regulation, or rental agreement provision which denies or abridges the right of any mobile home owner or owner of a lot in a mobile home subdivision to sell his or her mobile home within the park or mobile home subdivision; which prohibits the mobile home owner or the owner of a lot in a mobile home subdivision from placing a “for sale” sign on or in his or her mobile home (except that the size, placement, and character of all signs are subject to properly promulgated and reasonable rules and regulations of the mobile home park or mobile home subdivision); or which requires the mobile home owner or the owner of a lot in a mobile home subdivision to remove the mobile home from the park or mobile home subdivision solely on the basis of the sale thereof.

(2) The park owner or subdivision developer shall not exact a commission or fee with respect to the price realized by the seller unless the park owner or subdivision developer has acted as agent for the mobile home owner or the owner of a lot in a mobile home subdivision in the sale pursuant to a written contract.

(3) No mobile home owner, owner of a lot in a mobile home subdivision, or purchaser of an existing mobile home located within a park or mobile home subdivision, as a condition of tenancy, or to qualify for tenancy, or to obtain approval for tenancy in a mobile home park or mobile home subdivision, shall be required to enter into, extend, or renew a resale agreement.

(4) No resale agreement shall be construed to be of perpetual or indefinite duration. Any duration shall be construed to expire 6 months following written notice from the homeowner to the park owner or subdivision developer informing the park owner or subdivision developer that the homeowner is placing his or her mobile home for sale, and requesting the park owner or subdivision developer to utilize his or her best efforts to sell the mobile home on the homeowner’s behalf. Any extension or renewal of a resale agreement shall be in writing and shall be of specified duration.

(5) No mobile home park owner or subdivision developer shall impose a discriminatory increase in lot rental amount upon a mobile home owner, owner of a lot in a mobile home subdivision, or purchaser of an existing mobile home within the park or mobile home subdivision based upon the failure or refusal of such mobile home owner, owner of a lot in a mobile home subdivision, or purchaser to enter into, extend, or renew a resale agreement prohibited by subsection (3).

History.—s. 1, ch. 84-80; s. 14, ch. 90-198; s. 2, ch. 91-202; s. 923, ch. 97-102. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0723/0723.html

Expert:  Attyadvisor replied 3 months ago.

If you look at (4) No resale agreement shall be construed to be of perpetual or indefinite duration. Any duration shall be construed to expire 6 months following written notice from the homeowner to the park owner or subdivision developer informing the park owner or subdivision developer that the homeowner is placing his or her mobile home for sale, and requesting the park owner or subdivision developer to utilize his or her best efforts to sell the mobile home on the homeowner’s behalf. Any extension or renewal of a resale agreement shall be in writing and shall be of specified duration.

Do you know if the people that want to hire you have resale agreements?

Customer: replied 3 months ago.
I know. I sent it. Still doesn't answer my question? Can they send me an email stating that I am no longer allowed on the mobile home parks property and if I am on the property they are citing me as trespassing. The stated a No Trespassing emial
Customer: replied 3 months ago.
they do not
Expert:  Attyadvisor replied 3 months ago.

I am going to opt out for another attorney to assist you. I do not see a trespassing issue but you are not giving me enough time to respond and I don't want you to wait because I had a computer glitch. I really do appreciate your patience.

Customer: replied 3 months ago.
Thank you
Customer: replied 3 months ago.
I am assuming I will not be charged since I did not get a satisfactory answer
Expert:  Phillips Esq. replied 3 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be further assisting you with your post.

I am preparing my response to your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 3 months ago.

Your previous Expert was on track. It appears before of technical issues she was unable to complete her response to you.

Your Question:

Can they send me an email stating that I am no longer allowed on the mobile home parks property and if I am on the property they are citing me as trespassing. The stated a No Trespassing emial

Response: No, they cannot prevent you from entering the property because you have authority of mobile home owners to enter the property. So, trespass requirement will not be met.

It appears that they are trying to intimidate you and prevent from being the selling broker on the mobile homes. They cannot do that.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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