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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
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If I own a mobile home park and the parl rules state" on all

Customer Question

If I own a mobile home park and the parl rules state " on all mobile home sales the buyer must fill out a rental agreement for approval by Drift Inn, prior to the close of escrow". I intend to give my mobile home free of charge to someone who already lives in the the park so he has for over 10 years so he/she has already been approved is there any possible problem which violates there rule as stated above.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 1 month ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 1 month ago.

It sounds like "Drift Inn," wants approval of a rental agreement no matter if there is an actual sale or there is a gift. Is there a concern here to provide notice to Drift Inn?

Customer: replied 1 month ago.
they harass everyone including the person who we intend to give the home to sinc theirs is falling apart and we no longer use the place because the owners have made it such a misserable place to go.
Expert:  Damien Bosco replied 1 month ago.

Thank you for the additional information. From what you are saying, the owners could even get nastier if the transaction goes through without the owner's approval. My only concern is that if you gift the home to the buyer, the owners could attempt to rescind (cancel) the agreement because of failure to notify them, even if the language pertains to a sale and not a gift. They could attempt to keep charging you fees (if you are paying fees) stating the gift is not valid. The language is ambiguous and you can fight it somewhat. But it is something you have to consider if you go through with it. We can continue to discuss if you want to do so.

Customer: replied 1 month ago.
I want to go through with it. How can they fight it if the person I give not sell they home to. And yes we pay 370.00 per month space rent.
Expert:  Damien Bosco replied 1 month ago.

Good question. It is more of a stretch for them: they would have to argue that the intent of the contract was being violated, meaning that the intent of the contact was to make sure they approve all new buyers. However, since the language does not state anything about gifting, you would have an argument based on the language itself; that the language says nothing about gifting. Sort of like an argument Ginsberg v. Scalia would make on interpretations of the constitution lol.

Customer: replied 1 month ago.
There is no escrow as stated in their rules and regulations and the person is already living in the park so they had to have approved him or else he wouldn't be there. I am just trying to cover all basis. At one time they threatened that if I ever tried to sell the place they would make me have it torn out.
Expert:  Damien Bosco replied 1 month ago.

Hi Coorsman: I understand your argument; and I understand who you are dealing with. That is why I mentioned that it could be something more to deal with after the transaction takes place based on what you say is their personality. But it is up to you how you want to proceed. You make good arguments about the escrow and rules and regulations. We can continue to discuss if you want to do so.

Customer: replied 1 month ago.
I want your legal opinion as to how to proceed. How can they recind a gift to someone who they have living there already. What can they possibly do to us for giving our home to someone.
Expert:  Damien Bosco replied 1 month ago.

They would have to argue that you violated the rules and regulations pertaining to the language you provided. However, the language does not state anything about "gifting." So, the rules and regulations are silent on it. Therefore, your argument is that the gift cannot be rescinded and is permitted to go through. If there was a claim against you, you would file a motion to dismiss it based on that argument.

Expert:  Damien Bosco replied 1 month ago.

Hello: I am following up to see if you still need further help. If so, please let me know. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars for the service I provided to you. Best regards.

Customer: replied 1 month ago.
I need a more difinitive answer as what other legal issues can be involved. I want to be prepared for everything against those people if they try and I am sure they will try a stop my giving my mobile away. I have already sent for the paperwork to take our name off title and put his name on title(from the state of Ca).
Expert:  Damien Bosco replied 1 month ago.

Thank you for your follow up. The language you provided does not state anything about gifting the mobile. You are not selling it. There is no buyer or agreement needing approval; nor no escrow. The legal issue is whether the owner will attempt to claim that the language is all encompassing. However, the strict construction of the language is in your favor. Those are the legal issues. Let me know if you need more and we can continue.

Expert:  Damien Bosco replied 1 month ago.

Hello again! I understand that the answer may not be quite what you were hoping to receive. Though I do hope that you believe that have provided excellent service and, if so, would love you to give me a 5 star rating for that service I provided to you. If the answer was especially helpful you can provide a bonus too! If you need further help, just let me know. Best regard!

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