Article Structure
The Mobile Home Listing Agreement form is a crucial document for anyone involved in the sale of a mobile home. It outlines the responsibilities and rights of both the seller and the listing agent. Key components of the form include the identification of the listing company or agent, along with their contact details, which establishes a clear line of communication. The agreement also captures essential mobile park information, such as rent, space number, and the park manager’s contact details, ensuring that all relevant aspects of the mobile home’s location are accounted for. Owner information is meticulously detailed, including legal ownership and banking details, which are vital for financial transactions. Additionally, the form specifies the mobile home’s characteristics, such as its year, manufacturer, model, and dimensions, as well as the number of beds and baths. Important items included in the sale, like appliances and accessories, are also listed, alongside a section for any additional items not previously mentioned. The agreement stipulates the cash amount the seller is willing to accept and outlines the timeline for possession transfer after the sale. This comprehensive form grants the listing agent exclusive rights to sell the property, establishing a clear framework for the transaction and ensuring that all parties understand their obligations and entitlements.
Form Sample
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 |
|
|
Address |
|
|
|
|
|
|
|
|
City |
State |
Zip |
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)
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) |
(Print and Sign Form) |
Owner:_________________________________ |
Owner:_______________________________ |
(Print and Sign Form) |
(Print and Sign Form) |
Document Specifications
| Fact Name | Description |
|---|---|
| Exclusive Right to Sell | The agreement grants the listing agent exclusive rights to sell the mobile home, meaning the seller cannot list it with another agent during this period. |
| Commission Structure | The listing agent may retain a commission from the sale, which is agreed upon in the contract, allowing flexibility in pricing. |
| Possession Timeline | The seller must deliver possession of the property to the buyer within 14 days after closing unless otherwise agreed upon in writing. |
| Items Included in Sale | Any items checked or listed in the agreement are considered part of the sale and must be free of liens unless otherwise stated. |
| Governing Law | This form is subject to the laws of the state where the mobile home is located. Specific state regulations may apply. |
Steps to Filling Out Mobile Home Listing Agreement
Filling out the Mobile Home Listing Agreement form is straightforward. By completing this form, you are setting the stage for a successful sale of your mobile home. Ensure all information is accurate to facilitate a smooth process.
- Listing Company/Agent: Write the name of the listing company or agent at the top of the form.
- Address: Fill in the complete address of the listing company or agent.
- Phone Number: Provide a contact phone number for the listing company or agent.
- MOBILE PARK INFORMATION: Enter the rent amount, space number, and the complete address of the mobile park, including city and zip code.
- Type of Park: Specify the type of mobile park.
- Park Manager: Include the name and phone number of the park manager.
- OWNER INFORMATION: Fill in the legal owner’s name and phone number.
- Bank: Write the name of the bank associated with the owner.
- Address: Provide the bank's address, including city, state, and zip code.
- Account #: Enter the bank account number.
- Payoff: Indicate the payoff amount.
- Good Through: Specify the date through which the payoff is valid.
- Per Diem: Fill in the per diem amount.
- MOBILE HOME INFORMATION: Enter the year, manufacturer, model, serial number, color, width, length, number of bedrooms, and number of bathrooms of the mobile home.
- Accessories: List any accessories or special equipment included in the sale.
- ITEMS REMAINING WHEN SOLD: Check off any items that will remain with the mobile home upon sale.
- Cash to Seller: Write the cash amount the seller is willing to accept.
- Possession: Note that possession will be delivered no later than fourteen days after closing unless otherwise agreed.
- LISTING AGREEMENT: Confirm the exclusive right to sell is granted to the listing agent, and fill in the date and mutually agreed price.
- Commission: Understand that the listing agent will retain a commission from the sale proceeds.
More About Mobile Home Listing Agreement
What is the Mobile Home Listing Agreement?
The Mobile Home Listing Agreement is a document that establishes a formal relationship between a seller and a listing agent. It grants the agent the exclusive right to sell a mobile home on behalf of the seller. This agreement outlines the terms, conditions, and responsibilities of both parties involved in the sale.
What information do I need to provide in the agreement?
You will need to fill in details such as your name, contact information, and the specifics of the mobile home, including its year, manufacturer, model, and any accessories included in the sale. Additionally, you will provide information about the mobile park and any items that will remain with the home upon sale.
What does it mean to grant exclusive rights to the listing agent?
By granting exclusive rights, you allow the listing agent to represent you in the sale of your mobile home. This means that the agent has the authority to market and negotiate the sale without needing your permission for each action. It simplifies the selling process and ensures that the agent can act swiftly to secure a buyer.
How is the selling price determined?
The selling price is typically agreed upon between you and the listing agent. You will specify a cash amount that you are willing to accept. The listing agent will then work to sell the home for a higher price, which can help cover their commission and other costs associated with the sale.
What happens if the mobile home sells for more than the agreed price?
If the mobile home sells for more than the agreed price, the listing agent is entitled to keep the difference as their commission. This arrangement incentivizes the agent to secure the best possible price for your home, benefiting both parties.
When will I need to deliver possession of the mobile home?
You are required to deliver possession of the mobile home to the buyer no later than fourteen days after the close of escrow and funding. This timeline ensures a smooth transition for the new owner and helps maintain a good relationship between all parties involved.
What if I want to include additional items in the sale?
If you have additional items that you wish to include in the sale, you can list them in the "Other" section of the agreement. It’s important to be clear about what is included to avoid any confusion later on.
Can I change my mind after signing the agreement?
Once you sign the Mobile Home Listing Agreement, it becomes a binding contract. However, you may have the option to negotiate terms or withdraw from the agreement, depending on the specific conditions outlined in the document. It’s best to consult with your agent if you have concerns.
Is this agreement legally binding?
Yes, the Mobile Home Listing Agreement is a legally binding document. It is important to understand all terms and conditions before signing. If you have any questions, consider seeking advice from a legal professional or your listing agent to ensure you are fully informed.
Common mistakes
-
Incomplete Information: Failing to fill in all required fields can lead to delays or complications. Ensure that every section, including contact details and property specifics, is thoroughly completed.
-
Incorrect Owner Details: Listing the wrong legal owner can create legal issues down the line. Always verify that the name and contact information of the owner match official documents.
-
Missing Items for Sale: Not listing all accessories or items included in the sale can lead to disputes. Take a moment to review and confirm that everything intended to be sold is documented.
-
Ignoring Terms of Sale: Overlooking the specifics of the sale price and terms can cause misunderstandings. Clearly outline the agreed price and any conditions to avoid confusion later.
-
Failure to Sign and Date: Neglecting to sign and date the agreement can invalidate the contract. Ensure that all parties sign and date the document to confirm their agreement to the terms.
Documents used along the form
The Mobile Home Listing Agreement is a crucial document in the sale of mobile homes. However, several other forms and documents are often used in conjunction with this agreement to ensure a smooth transaction. Each of these documents serves a specific purpose in the process, providing clarity and protection for all parties involved.
- Purchase Agreement: This document outlines the terms of the sale between the buyer and seller. It includes the purchase price, payment terms, and any contingencies that must be met before the sale is finalized. This agreement is essential for formalizing the buyer's intent to purchase the mobile home.
- Disclosure Statement: Sellers are typically required to provide a disclosure statement that details any known issues with the mobile home. This document helps protect buyers by ensuring they are informed of any potential problems before completing the purchase.
- Title Transfer Document: When a mobile home is sold, the title must be transferred from the seller to the buyer. This document serves as proof of ownership and is necessary for the buyer to register the mobile home in their name. It is a critical step in the ownership transition.
- Financing Agreement: If the buyer is financing the purchase, a financing agreement will be necessary. This document outlines the terms of the loan, including interest rates, repayment schedules, and any penalties for late payments. It ensures that both the lender and borrower understand their obligations.
In conclusion, these documents complement the Mobile Home Listing Agreement by addressing various aspects of the sale process. Each plays a vital role in protecting the interests of both buyers and sellers, ensuring a clear and legally sound transaction.
Similar forms
The Mobile Home Listing Agreement form shares similarities with the Residential Listing Agreement. Both documents serve as contracts between a property owner and a real estate agent. They establish the terms under which the agent will market and sell the property. In both agreements, the seller grants the agent exclusive rights to sell the property, detailing the commission structure and the responsibilities of each party. The Residential Listing Agreement typically includes information about the property, such as its location, features, and any items included in the sale, paralleling the structure of the Mobile Home Listing Agreement.
Another related document is the Exclusive Right to Sell Agreement. This form also provides the agent with exclusive rights to sell a property. Like the Mobile Home Listing Agreement, it outlines the commission the agent will receive upon the sale and the duration of the agreement. The Exclusive Right to Sell Agreement often emphasizes the agent's obligation to market the property actively and may include clauses about advertising and showing the property, mirroring the marketing intentions found in the Mobile Home Listing Agreement.
The Buyer’s Agency Agreement is another document that shares common elements with the Mobile Home Listing Agreement. While the latter focuses on selling a property, the Buyer’s Agency Agreement establishes a relationship between a buyer and an agent. Both documents outline the responsibilities of the parties involved and the terms of compensation. The Buyer’s Agency Agreement specifies how the agent will assist the buyer in finding a property, similar to how the Mobile Home Listing Agreement specifies how the agent will assist the seller in selling their home.
The Commercial Listing Agreement is similar in that it pertains to the sale of a property, but it is typically used for commercial real estate rather than residential or mobile homes. This document, like the Mobile Home Listing Agreement, grants the agent exclusive rights to market and sell the property. Both agreements include terms about commission, duration, and responsibilities, although the Commercial Listing Agreement may involve more complex considerations related to zoning and business operations.
The Lease Agreement also bears some resemblance to the Mobile Home Listing Agreement, particularly in the context of mobile home parks. While the Lease Agreement primarily governs the rental terms between a landlord and tenant, it may include provisions about the sale of the mobile home itself. Both documents detail specific terms, such as rental amounts, duration, and responsibilities of the parties, highlighting the importance of clear agreements in property transactions.
The Purchase Agreement is another document that aligns with the Mobile Home Listing Agreement, as it represents the final agreement between a buyer and seller after a property listing. While the Mobile Home Listing Agreement facilitates the sale process, the Purchase Agreement finalizes the terms of sale, including the purchase price and any contingencies. Both documents are essential in the real estate transaction process, ensuring that all parties understand their rights and obligations.
Lastly, the Property Disclosure Statement is similar in that it provides critical information about the property being sold. While the Mobile Home Listing Agreement outlines the terms of the sale and the agent's responsibilities, the Property Disclosure Statement informs potential buyers of any known issues with the property. Both documents work together to ensure transparency in real estate transactions, helping buyers make informed decisions while protecting sellers from future liability.
Dos and Don'ts
When filling out the Mobile Home Listing Agreement form, it’s important to ensure accuracy and clarity. Here are four things to do and not to do:
- Do double-check all information. Ensure that the listing company, owner details, and mobile park information are correctly filled out.
- Do specify all items included in the sale. Clearly list any accessories or special equipment that will be part of the sale agreement.
- Do read the agreement thoroughly. Understanding the terms and conditions before signing is crucial to avoid any misunderstandings later.
- Do keep a copy of the signed agreement. This serves as a reference for both parties throughout the selling process.
- Don't leave any sections blank. Incomplete forms can lead to confusion or delays in the sale process.
- Don't use vague language. Be specific about the terms and conditions to prevent disputes down the line.
- Don't rush through the process. Take your time to ensure all details are accurate and complete.
- Don't forget to include your contact information. This ensures that all parties can communicate effectively throughout the transaction.
Misconceptions
Misconceptions about the Mobile Home Listing Agreement form can lead to confusion for both sellers and agents. Here are nine common misunderstandings clarified:
- Misconception 1: The agreement allows the agent to sell the home at any price.
- Misconception 2: The seller can change the terms of the agreement at any time.
- Misconception 3: The seller must pay the agent a commission regardless of the sale outcome.
- Misconception 4: All items listed in the agreement must be included in the sale.
- Misconception 5: The seller can occupy the home until the sale is finalized.
- Misconception 6: The agreement is not legally binding.
- Misconception 7: The seller can list the home with multiple agents simultaneously.
- Misconception 8: The seller is responsible for all repairs before the sale.
- Misconception 9: The agent can sell the home without the seller's approval.
This is not true. The seller and agent must agree on a specific price, which is documented in the agreement. The agent cannot arbitrarily set a price without the seller's consent.
Once the agreement is signed, the terms are binding until the specified expiration date. Any changes require mutual consent from both parties and should be documented in writing.
The seller only pays a commission if the agent successfully finds a buyer and the sale is completed. If the home does not sell, no commission is owed.
Items checked or listed as remaining when sold are included, but any additional items must be specifically noted in the "Other" section. If not listed, they are not part of the sale.
Possession of the property is to be delivered to the buyer no later than fourteen days after closing. The seller must be prepared to vacate the home by that deadline.
The Mobile Home Listing Agreement is a legal document. Once signed, it creates enforceable obligations for both the seller and the agent.
This agreement grants the agent exclusive rights to sell the property. Listing with multiple agents may violate the terms of the agreement and lead to legal complications.
The agreement does not require the seller to make repairs. However, the condition of the home may affect its marketability and price.
The agent must obtain the seller's approval for any sale, including the final price and terms. The seller retains control over the transaction throughout the process.
Key takeaways
Complete all sections of the Mobile Home Listing Agreement form accurately. Ensure that the information provided is current and correct.
Include the Listing Company/Agent details, such as name, address, and phone number, to establish clear communication channels.
Document Mobile Park Information thoroughly. This includes rent, space number, and park manager details, which are essential for potential buyers.
Clearly identify the Owner Information. Provide the legal owner's name and contact details to avoid confusion during the sale process.
List all Mobile Home Information, including year, manufacturer, model, and serial number. This data is crucial for prospective buyers.
Specify any items remaining when sold by checking the appropriate boxes. This helps clarify what is included in the sale.
Indicate the cash to seller amount clearly. This figure should reflect the actual amount the seller is willing to accept after any deductions.
Understand that the exclusive right to sell is granted to the listing agent. This means the agent has the authority to manage the sale process without additional compensation unless specified.