A Mobile Home Listing Agreement is a formal document that outlines the terms and conditions under which a listing company or agent is granted the exclusive right to sell a mobile home on behalf of the owner. This contract covers a wide range of details, including information about the mobile home park, the mobile home itself, and the financial arrangements between the owner and the listing agent. Understanding the nuances and obligations set forth in this agreement is crucial for both sellers and agents to ensure a smooth transaction.
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In the complex landscape of real estate, the process of listing and selling a mobile home is facilitated by a vital document known as the Mobile Home Listing Agreement. At its core, this agreement encapsulates the essential details between the seller and the listing company or agent, ensuring both parties are on the same page regarding the terms of the sale. It includes critical information such as the listing company or agent’s contact details, mobile park information including rent, space number, and park manager details, as well as comprehensive owner information encompassing legal ownership and bank details. Furthermore, the document delves into the specifics of the mobile home itself—year, manufacturer, model, and so on—along with a listing of accessories and special equipment included in the sale. It meticulously outlines the items that will remain post-sale, affirming that these items will be free of liens and encumbrances unless otherwise stated. The agreement does more than merely list details; it provides sellers with the assurance of receiving a specified cash amount from the sale, clarifies the delivery of possession to the buyer, and clearly defines the terms under which the listing agent operates, including their rights to sell or assign the contract. All these facets work together to create a smooth pathway for the transaction, safeguarding the interests of both the seller and the agent while aspiring for a successful transfer of ownership.
Consignment / Listing Agreement
For Sale of Manufactured Home
Personal information you provide may be used for secondary purposes [Privacy Law, s.15.04(1)(m)].
Dealer’s
Owner(s)
Name
Name(s)
Address
City
State
Zip
Phone
Res. Phone
Bus. Phone
In consideration of the Dealer's agreement to { list} { sell on consignment} (select one) and to use Dealer’s efforts to find a Purchaser for the Manufactured Home herein described, the Owner(s), hereafter Owner, give the Dealer sole and exclusive right to sell said Manufactured Home, commencing ____/____/____ and terminating at 6 p.m. on _____ /_____ /_____ or following the sale
of the Home, whichever comes first. This Contract may be canceled at any time by mutual consent of both parties, provided it is in writing.
Manufacturer
Model
Model Yr.
Serial #
Present Location
Bedrooms
Size of Home
Home may remain on the Manufactured Home Community Site. If the Home or Purchaser is not accepted in the Manufactured Home Community, the Purchaser may void the Purchase Contract.
Home must be moved from the Manufactured Home Community Site.
1.The Dealer is hereby authorized to negotiate for the sale of, and to sell said Manufactured or Mobile Home for $______________ at it’s present location, of which not less than $___________ shall be collected as earnest money from Purchaser, to be held by Dealer until date of closing.
For his efforts the Dealer shall receive the following compensation:
a. ______% of the final sale price. b. The amount of $_________ as a fixed fee. c. Greater of a. or b.
The Owner agrees to pay the Dealer the Commission on the final gross selling price upon Sale of the Home.
If Owner is unwilling to sell Home after Dealer has found a purchaser as evidenced by a written Offer to purchase, pursuant to the terms of this agreement, commission shall be paid to the Dealer. Dealer may negotiate for the sale of, and to sell, the Manufactured Home for an amount less than that specified above or upon different terms provided the Owner consents in writing and Purchaser is accepted by the Manufactured Home Community, if applicable. During the term of this agreement and as provided in #8 below, Owner shall not sell, lease, rent or negotiate regarding the Manufactured Home except through the services of the Dealer.
2.Owner agrees that said Manufactured Home, and all other items made a part of the sale, are free and clear of all liens including, but not limited to, taxes, mobile home parking fees, assessments, license fees, etc., including ground rental (if on rented ground) paid to date of delivery, and that said Home and all other items made a part of the sale are free and clear of all personal property judgments and encumbrances, except as may be noted in #3 below. Owner agrees to furnish evidence of ownership in a form satisfactory to Dealer and purchaser.
3.An outstanding lien, in the amount of $ ____________, remains on the above described:
Manufactured Home or
Other items made a part of the sale under # 9 below: (indicate which items here: ______________________________)
Lienholder’s Name: ____________________________________________________________
Address: ____________________ City: _________________________ State: ______________ Zip:________________
(Continued on Other Side)
SBD-10808 (R11/11)
4.Payment of Dealer's commission shall be due and payable upon closing of any contract to sell or sale made, and Dealer shall have an equitable lien upon said Home and upon the proceeds in whole or in part of from said sale until Dealer’s commission is paid in full.
5.Owner grants Dealer exclusive marketing rights for the Manufactured Home. Such rights include but are not limited to insertion of radio, television and newspaper ads, and placement of “For Sale” signs. If Owner unilaterally terminates or otherwise interferes with this agreement prior to the agreed upon termination date found above in this agreement, Owner agrees to pay Dealer
______% of the sale price stated in # 1 above as liquidated damages.
6.Property loss and liability insurance relative to the Manufactured Home described above shall, during the life of this agreement, regardless of the location of the home, be the responsibility of:
Current Owner listed above. Other (Explain) ______________________________________________
Dealer listed above.
7.The Dealer assumes no responsibility for warranties either expressed or implied. The current Owner is solely responsible for all statements and claims related to quality, serviceability, functions, condition, past ownership, warranties, express or implied, regarding the above described Manufactured Home or other items made a part of the sale under # 9. Owner acknowledges that the sale of this consigned Manufactured Home is subject to the Dealer license provisions of SPS 305 of the Wisconsin Administrative Code. A used Manufactured Home is required to be inspected under the Code. The inspection creates no warranties, express or implied, based on the inspection by the Dealer or inspector. Owner acknowledges that technical knowledge such as that acquired by professional inspectors may be required to detect certain defects such as but not limited to asbestos, building code violations and floodplain status. Dealer is not providing professional inspection services.
8.If the Home is sold within six months after the expiration of this agreement to any person with whom the Dealer or any authorized agent has negotiated or shown the Home prior to the expiration of this agreement, Owner agrees to pay Dealer the commission set forth in this agreement.
9.Other Provisions and Additional Items included in Sale:
Stove Refrigerator Microwave Washer Dryer Curtains or blinds Utility Shed Air conditioner
Satellite Dish Other:__________________________________________________________________________________
_____________________________________________________________________________________________________
10. Occupancy by purchaser may occur within _______ { days} { hours} (select one) of Purchaser’s closing with Dealer, or
Owner will pay $________ rent/day to the purchaser.
11.Owner agrees to indemnify and hold harmless Dealer in any dispute between Owner and any buyer or prospective buyer including any dispute arising from representations made by Dealer based upon information provided by Owner or Buyer, provided those representations were communicated in good faith.
Dated this _____ day of __________ , _________.
Dealer: _________________________________ Accepted by:_______________________________ (Sales representative)
(Print and Sign Form)
Owner:_________________________________
Owner:_______________________________
Once a mobile home owner decides to sell their property, the next step involves properly completing a Mobile Home Listing Agreement form. This document is vital as it outlines the agreement between the seller and the listing company or agent, detailing the responsibilities of each party, the information about the mobile home, and the terms of the sale. Completing this form accurately is crucial to ensure a smooth transaction and to protect the interests of all parties involved. Follow the steps below to fill out the Mobile Home Listing Agreement form correctly.
After filling out the Mobile Home Listing Agreement form, the seller and the listing agent should each keep a copy for their records. The next steps involve the listing agent advertising the property, showing it to potential buyers, and moving forward with the sale process in accordance with the terms set out in the agreement.
What is a Mobile Home Listing Agreement?
A Mobile Home Listing Agreement is a legal document between the owner of a mobile home and a listing agent or company. This agreement grants the agent the exclusive right to sell the mobile home on behalf of the owner. It outlines details such as the mobile home's location, owner information, and specifics about the mobile home itself including year, manufacturer, and any accessories included in the sale. It also specifies the financial terms, including the cash to be received by the seller and any agreement on the agent's commission.
Who needs to sign the Mobile Home Listing Agreement?
The legal owner of the mobile home and the authorized representative of the listing company or agent need to sign the Mobile Home Listing Agreement. These signatures formally acknowledge both parties' agreement to the terms outlined within the document, thereby making it legally binding.
What information is required in the "Mobile Park Information" section?
In the "Mobile Park Information" section, information required includes the rent of the space where the mobile home is located, space number, the address, city, and zip code of the mobile park. It also requires details about the type of park, the park manager, and contact information for the park office. This information is crucial for understanding the setting in which the mobile home sits and any additional costs or rules associated with the mobile park residence.
What does the "Cash to Seller" term mean?
"Cash to Seller" refers to the actual amount the seller is willing to accept for the sale of the mobile home, after accounting for any liens, encumbrances, excise, and personal property taxes. It indicates the net sum that the seller expects to receive when the property is sold, minus the agreed-upon commission or fees for the listing agent.
How are items "Remaining When Sold" handled in the agreement?
Items that are "Remaining When Sold" include personal property such as kitchen appliances and outdoor items like decks and sheds, which are to be included in the sale of the mobile home. These items are listed and checked off in the agreement, ensuring they are understood to be free of liens and encumbrances. This section provides clarity on what is included in the sale, safeguarding against future disputes between the seller and buyer regarding personal property.
Can the seller cancel the Mobile Home Listing Agreement?
The agreement specifies that the employment and authority to sell granted by the seller to the listing agent is irrevocable until midnight on a specified date. This means that the seller cannot cancel the agreement before this date, making it essential for the seller to be certain about their decision to sell and work with the listing agent before signing.
How is the sale price determined in this agreement?
The sale price is determined through mutual agreement between the seller, the listing agent, and/or their assigns. The document outlines that the property can be sold not just for a specified amount agreed upon beforehand but also on any other price or terms that are acceptable to both parties and set forth in writing. This flexibility allows for adjustments based on market conditions or negotiations with potential buyers, ensuring that the seller has room to maneuver for the best possible outcome.
Filling out a Mobile Home Listing Agreement involves a detailed process prone to several common mistakes. One of the most frequent errors occurs when individuals inaccurately describe the mobile home's details, such as the year, manufacturer, model, and serial number. This information is crucial as it identifies the specific home being sold, ensuring the correct property is listed and, eventually, transferred to the buyer. Errors in this section can lead to complications in the ownership transfer process, questioning the authenticity and legality of the agreement.
Another area often filled out incorrectly is the "OWNER INFORMATION" section. Sometimes, individuals may fail to update crucial details like the current phone number, address, or bank account information. Accurate and current owner information is vital for effective communication and might be required for legal and financial transactions related to the sale. Providing outdated or incorrect information could delay or complicate these transactions, potentially jeopardizing the sale.
The inclusion of accessories, special equipment, and items remaining when sold, which are essential parts of the mobile home's appeal and value, is sometimes overlooked or inaccurately listed. Sellers should diligently check all applicable boxes for items such as refrigerators, ranges, or sheds, and precisely list additional items in the "Other" section. Leaving out an item or misidentifying it can lead to misunderstandings between the seller and buyer, potentially leading to disputes or adjustments in the sale price.
A critical mistake many make is not clearly understanding the terms related to the cash to the seller. This figure should reflect the amount the seller is willing to accept after all liens, encumbrances, excise, and personal property taxes have been settled. Misunderstanding or inaccurately calculating this amount could lead to financial surprises for the seller at the close of escrow, affecting their anticipated profits from the sale.
Lastly, the listing agreement's terms, including the exclusive right to sell through the listing agent, are sometimes not thoroughly reviewed and discussed. This section outlines the seller's grant of authority to the agent, the agreement's duration, and conditions regarding commissions or fees. Not fully comprehending these terms can result in confusion or dissatisfaction with the selling process, especially concerning the agent's role and the financial aspects of the sale. It's essential for sellers to discuss these terms in detail with their agents to ensure clear expectations and mutual agreement.
When engaging in the sale of a mobile home, the Mobile Home Listing Agreement form is a vital document. This agreement outlines the terms between the seller, the listing agent, and other important details concerning the mobile home itself, its location within a mobile park, and the financial aspects of the sale. However, to ensure a seamless and legally sound transaction, several other forms and documents should be considered in conjunction with this agreement. Below is a list of forms often used alongside the Mobile Home Listing Agreement:
Each of these documents plays a crucial role in the mobile home selling process, complementing the information and agreements laid out in the Mobile Home Listing Agreement. Ensuring that these documents are accurately completed and duly signed can protect all parties involved, making the transaction smoother and more transparent. Legal and real estate professionals often recommend consulting with experts when preparing and reviewing these documents to avoid unforeseen complications.
The Residential Real Estate Listing Agreement is highly similar to the Mobile Home Listing Agreement. Both documents are designed to establish a contract between a property owner and a real estate agent or agency, granting the agent the authority to list and sell the property on behalf of the owner. They typically detail the property specifics, the obligations of both parties, and the financial terms, including the agent's commission. The main difference lies in the type of property being sold—traditional real estate versus a mobile home.
A Commercial Real Estate Listing Agreement shares many similarities with the Mobile Home Listing Agreement, in that it is also a contract between a property owner and a listing agent. However, this document is focused on properties intended for commercial use, such as office spaces, retail locations, or industrial buildings. Similar sections on the listing terms, agent authority, and commission structures are found in both documents. The distinction primarily revolves around the property's residential versus commercial use.
The Consignment Agreement closely aligns with the Mobile Home Listing Agreement as well. In a Consignment Agreement, an individual or entity agrees to sell goods on behalf of another party, taking a portion of the sales price as compensation. Like the Mobile Home Listing Agreement, it involves transferring the right to sell something and outlines how the proceeds will be handled. The difference is in the nature of what's being sold—physical goods rather than real estate.
An Exclusive Right to Sell Listing Agreement is another document related to the Mobile Home Listing Agreement. This type of agreement gives a single real estate agent or broker the exclusive right to sell a property within a specified period. It includes details similar to those in the Mobile Home Listing Agreement, such as the property's description, listing period, and compensation for the agent. The distinction between the two documents predominantly relates to the exclusivity aspect and the type of property being listed.
The Power of Attorney for Real Estate Sales document possesses parallels with the Mobile Home Listing Agreement as well. It authorizes someone to act on the property owner's behalf in real estate transactions, including selling a property. Both documents involve delegation of authority for dealing with one's property, detailing the scope and limitations of this authority. The key difference lies in the breadth of actions permitted, with a Power of Attorney potentially allowing for a wider range of activities beyond just selling.
The Purchase Agreement, while used in the sale process like the Mobile Home Listing Agreement, serves a different function. It is a contract between the buyer and seller detailing the agreed-upon conditions of the sale, including price, contingencies, and closing details. The Mobile Home Listing Agreement, alternatively, sets up the relationship between a seller and an agent, focusing on the terms under which the agent will sell the property. However, both are crucial steps in the transaction process of selling property.
A Property Management Agreement shares some commonalities with the Mobile Home Listing Agreement, despite serving different purposes. This agreement is between a property owner and a manager who takes responsibility for the property's day-to-day operations in exchange for a fee. While it also involves entrusting someone else with certain aspects of one’s property, it focuses on management rather than the sale itself.
Lastly, the Lease Agreement, although predominantly used for renting properties rather than selling them, has some similarities to the Mobile Home Listing Agreement. Both documents include details about the property, terms of the agreement, and the parties' obligations. The significant difference is that a Lease Agreement is about granting use of the property for a set time in exchange for rent, as opposed to selling the property outright.
When you're getting ready to fill out the Mobile Home Listing Agreement form, it's important to approach the task with care and attention to detail. This document is key to ensuring the sale of your mobile home goes smoothly and according to your expectations. To assist with this process, here are five things you should and shouldn't do:
When it comes to understanding the Mobile Home Listing Agreement, several misconceptions often cloud the judgment of mobile home owners. It's essential to clear up these misunderstandings to make informed decisions regarding the sale of a mobile home.
Understanding the specifics of the Mobile Home Listing Agreement helps sellers navigate their rights and responsibilities, ensuring a smoother process for all parties involved. Misconceptions can lead to unnecessary stress and confusion, so clarifying these aspects is crucial for a successful sale.
Filling out and using the Mobile Home Listing Agreement form is a crucial step for anyone looking to sell their mobile home through an agent or company. Here are key takeaways to ensure you navigate this process smoothly and effectively.
Thoroughly understanding and carefully completing the Mobile Home Listing Agreement is foundational to achieving a smooth transaction. Both sellers and agents benefit from the clarity and commitment detailed in this agreement, leading to a successful partnership and satisfactory sale of the property.
C 159B - Before submitting the dissolution form, all annual report obligations should be met.
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