Sale of a Mobile Home in a Park with Adversarial Park Management

[Danette Stafford]

I own a mobile in Colorado Springs that I purchased in 1997.  It is in great shape as all the maintenance has been kept up on it and many improvements.  It is located on a double sized corner lot in a quiet mobile home park, with privacy fencing all around.  It's a gem. 

I recently decided to sell it because Colorado Springs is really a seller's market these days.  After three days on the market I had a cash offer for full price!  I am working with the buyer and we want to close in 30-45 days.  Sounds great right?

Here's the issue:  The management is engaged in what I believe to be an illegal scheme.  While they do not have first right to purchase any property, they do require preapproval of all new tenants.   I had the house up for sale about 5 years ago, and sent three separate buyers to the manager's office for approval.  The first never returned and never called, the second time I called the buyer and they said that they had found a cheaper home in the same park.  The third buyer was actually someone I already knew, when they arrived at the park office management accepted the application for tenancy and approved it right on the spot.  Then they were turned over to , sales representative who tried to discourage them from purchasing my property, and wanted to show them other, park owned, homes.  They declined.  That sale did not go through for other reasons, but I was so discouraged I took it off the market.  

My perception is that the management of the park intentionally interferes with the homeowner's sale for long enough that many homeowners abandon their properties.  The park then takes them over for nothing and resells them, making a hefty profit.  This does not seem legal, and certainly it is not ethical, but it is really hard to prove.  

The park wants all sellers to use this same sales representative, that has an office in the park office.  This sales rep charges a 10% fee and I have learned from someone who used to work there, that they give a kickback to the park management for every non-park owned home they sell.  It's quite a racket and they have been engaged in it for many years.  So you see my dilemna.

So this time, before I send another buyer to the park office for approval, I want to make sure that the buyer has committed to the purchase, paid earnest money, and signed an offer or sales agreement to insure that they would have something to lose.

 I was also thinking of actually going in with them to the park office for the meeting, to dissuade the park management from interferring with the sale.  I have already checked their credit and background and they are great buyers.  The park would have no "legal" reason to deny them tenancy.   Still, I do not trust the park management, so I am wondering what if anything I can do to warn them off.  I am hesitant to have a direct confrontation with them because they are quite adversarial.  

If anyone has any tips, suggestions for verbiage in the offer, sales contract or some kind of letter that I can send to the park in advance, I would be most grateful. 

Thank you so much!