I own a mobilehome park where there are many abandoned homes. Can I sell them without registering as a real estate agent?

Generally, the answer is “no”. First, in order to act as an agent between a seller or buyer of a used mobilehome or manufactured home, you either must be registered with HCD as a “manufactured home dealer” or with the Bureau of Real Estate as a licensed real estate agent. Acting as an unlicensed dealer or agent can result in criminal penalties, civil penalties, and citations of up to $2,000 for each illegal sales activity. The only exception to this is if the prior residents/homeowners have “walked away” from the homes, a park owner may sell them if he/she first obtains the right to ownership through a court action for the judgment of abandonment (Civil Code Section 798.61) or after a warehouse lien sale (Civil Code Section 798.56a). After that, if the park owner intends to rent, sell or salvage the units, the park owner must go to HCD and transfer title to his or her name, which includes paying all property taxes or HCD fees that are owed. HCD also has special procedures for when the prior registered owner cannot be found or when there are unpaid or unsatisfied loans on the home. Only after registering as the new owner may the park owner (who is now the homeowner) rent, sell, or salvage the abandoned homes.

Recap:
● Only HCD-licensed dealers or BRE-licensed real estate agents may sell used manufactured homes in a park. Exception: When previous owner has “walked away”, park owner must follow legal procedures governing
judgment of abandonment or warehouse lien sale.
● It is illegal for anyone to sell, rent, or salvage a manufactured home that is not registered in his or her name.