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I have a couple questions on the sale of a modular

Customer Question
Hi there. I...

Hi there. I have a couple questions on the sale of a modular home/mobile home - not on wheels, attached to a foundation in a mobile park

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

The location is Massachusetts. It is my understanding that there may be some sales tax that needs to be collected from the seller and paid. I have not been able to find out who gets this sales tax. And if the only documents I need are the Bill of Sale, HUd Settlement Statement and pay taxes.

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That should cover it.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 32 minutes by:
10/4/2017
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 124,304
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 7 months ago
okay. I do appreciate it.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

MA has concluded in letter rulings that sales of a used mobile home are exempt from sales tax either for sales by owner or by using a real estate agent to make the sale. See: Letter Ruling 87-2 (copy and paste link to browser, do not click it): http://www.mass.gov/dor/businesses/help-and-resources/legal-library/letter-rulings/letter-rulings-by-years/1985-1989-rulings/letter-ruling-87-2-used-mobile-homes.html

You would need to sign the title if the modular home has a title to transfer the title to the new owner, you would also need a bill of sale and HUD1 statement for the sale. If there is no title, but a deed, then you would need to file a deed transfer with the property records.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
I am told there is not title, its affixed to a concrete slab in a trailer park and does not move. I have also been told that there is no Deed. I am confused.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

There would need to be a deed or a title to transfer over the modular home, since there is no deed to the land. Check the serial number with the Registry, but some modular homes still have titles, others that became permanently affixed to land were treated as houses, so if you check with registry and there is no longer a title, then a bill of sale and HUD1 statement would be all required.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
I am told there is no bill of sale and I checked the registry for the modular home address and there is nothing listed at the registry.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 7 months ago

Thank you for your reply.

You need to write a bill of sale describing the modular home you are selling to the buyer. You provide that and the HUD statement to the buyer to complete the sale.

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