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Outline

Entering into a Mobile Home Listing Agreement involves several critical elements designed to facilitate the sale of a mobile home, with details meticulously outlined in the form. This document establishes a partnership between the mobile home owner and the listing agent or company, specifying the terms under which the agent will sell the mobile home. It includes essential information such as the listing company or agent's contact details, mobile park information including rent and space number, and comprehensive owner information. Key to the agreement is the detailed description of the mobile home itself, including year, manufacturer, model, and specific features like color, size, number of bedrooms and bathrooms, along with any accessories or special equipment included in the sale. Moreover, it details items that will remain with the home upon sale, such as appliances and outdoor fixtures, ensuring everything is accounted for clearly. Critical financial aspects covered include the desired cash to the seller, highlighting any existing liens or encumbrances that may affect the sale price. Another vital component is the listing agreement section, which secures the listing agent's exclusive right to sell the property under agreed-upon conditions, also detailing the handling of commissions and fees. This comprehensive form serves as the foundation for the mobile home selling process, capturing every detail necessary to fairly and effectively market and sell a mobile home.

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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)

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)

(Print and Sign Form)

Owner:_________________________________

Owner:_______________________________

(Print and Sign Form)

(Print and Sign Form)

SBD-10808 (R11/11)

Document Attributes

Fact Name Detail
Parties Involved The form involves the Listing Company/Agent, the Mobile Home Park Manager, the legal owner of the mobile home, and potentially a bank or financial institution if there's a payoff amount.
Mobile Home Park Information Details including rent, space number, address, city, zip code, type of park, park manager, and park address must be provided.
Owner Information Includes the legal owner's name, contact information, bank details, and any financial obligations related to the mobile home.
Mobile Home Description Year, manufacturer, model, serial number, color, dimensions, bedroom and bathroom count, along with any accessories or special equipment included in the sale are described.
Items Remaining Upon Sale A list of appliances and additional items to remain with the mobile home after sale, asserting they are free from liens and encumbrances unless noted otherwise.
Financial Terms Specifies the cash to seller amount, accounting for any liens, encumbrances, taxes, and the agreement that the listing agent may sell the home for a higher price.
Possession Terms Details when the buyer will take possession of the mobile home, generally within FOURTEEN (14) days after close of escrow and/or funding unless otherwise agreed.
Exclusive Right to Sell Grants the listing agent exclusive rights to sell the property, including the ability to transfer, sell, consign, or assign the contract as needed to finalize the sale.
Commissions and Fees Upon the sale, the listing agent retains a specific, unspecified commission or fee from the selling dealer/realtor or buyer, with any surplus over the agreed seller price reimbursing the assign for its services.

How to Fill Out Mobile Home Listing Agreement

Filling out the Mobile Home Listing Agreement form is an essential step for individuals looking to sell their mobile home through a listing company or agent. This document enables the agent to list and potentially sell the mobile home on behalf of the owner. It includes details about the mobile home park, the home itself, and the terms of the agreement between the seller and the agent. Following proper steps when filling out this form ensures clarity and legality in the agreement that protects both the seller's and agent's interests.

  1. Start with Listing Company/Agent Information: Enter the name of the listing company or agent in the space provided. Also, fill in their address and contact phone number.
  2. Mobile Park Information: Provide details about the mobile home's location, including the monthly rent, space number, address, city, zip code, type of park (e.g., family, 55+), the park manager's name, their contact number, and the park's address.
  3. Owner Information: List the legal owner's name, contact number, the financial institution (bank) name, address, city, state, zip code, and the account number. Include the payoff amount for any existing loan on the mobile home and the good through date, along with the per diem rate.
  4. Mobile Home Information: Specify the year of manufacture, manufacturer name, model, serial number, color, width, and length of the mobile home. Include the number of bedrooms and bathrooms, as well as any special accessories or equipment included in the sale.
  5. Items Remaining When Sold: Check the appropriate boxes for items that will remain with the home when sold, such as appliances and outdoor items like decks or sheds. Use the "Other" section to list any additional items included that are not pre-listed.
  6. Cash to Seller: Enter the actual amount the seller is willing to accept for the property, considering any liens, encumbrances, and applicable taxes.
  7. Possession Terms: Note that possession of the property will be delivered to the buyer no later than fourteen days after close of escrow and/or funding, unless a different arrangement is agreed upon in writing.
  8. Listing Agreement Terms: Fill in the date the agreement is made and the duration of the irrevocable rights granted to the listing agent. Also, specify the agreed-upon price between the seller, agent, and any assigns. Acknowledge the agent's right to retain a commission or fee from the selling dealer/realtor or buyer.

Upon completing the form, the seller should review all provided information for accuracy before signing the agreement. This step is crucial as it finalizes the terms under which the agent will attempt to sell the mobile home. Properly filled details and clear terms help streamline the selling process, making it easier for both the seller and the agent to reach a satisfactory sale.

More About Mobile Home Listing Agreement

  1. What is a Mobile Home Listing Agreement?

    A Mobile Home Listing Agreement is a contract between the owner of a mobile home and a real estate agent or company. Through this agreement, the owner grants the agent the exclusive rights to sell the mobile home. It details the terms of the sale, including the responsibilities of both the owner and the agent, the listing price, and any items that will remain with the home upon sale. This agreement is a formal arrangement designed to protect the interests of both parties and ensure a clear understanding of the sale process.

  2. What details are included in a Mobile Home Listing Agreement?

    This agreement encompasses various important details, including information about the listing company or agent, the mobile home park, the owner, and the mobile home itself. Essential specifics such as the mobile home's year, manufacturer, model, and serial number, along with a list of items to remain in the home, are part of the document. Financial aspects, such as the cash expected by the seller post-sale and any relevant liens or encumbrances, are also detailed.

  3. Who needs to fill out this form?

    Both the legal owner of the mobile home and the chosen listing company or real estate agent need to complete the Mobile Home Listing Agreement. The owner provides detailed information regarding the mobile home and personal details, while the agent inputs company-related information. It's a collaborative effort designed to ensure all relevant details are accurately captured.

  4. Can additional items be added to the sale after the agreement is signed?

    Yes, additional items can be added to the sale, but this must be done in writing and agreed upon by both the seller and the agent. The agreement provides a section titled "Other" wherein items not initially listed can be added. This ensures that any amendments to the original contract are documented, maintaining clarity and preventing future disputes.

  5. What does "Cash to Seller" mean in this agreement?

    "Cash to Seller" refers to the net amount the seller will receive from the sale of the mobile home after deducting any liens, encumbrances, and necessary taxes. It represents the actual profit the seller expects to make, distinguishing it from the overall selling price, which might include additional fees and commissions for the selling agent or dealer.

  6. How is possession of the mobile home transferred to the buyer?

    Possession of the mobile home is transferred to the buyer no later than 14 days after the close of escrow and/or funding, unless agreed otherwise in writing by the seller. This time frame is part of the agreement to ensure a smooth and timely handover of the property, providing both parties with a clear timeline.

  7. Is the agreement's duration fixed, or can it be revoked early?

    The agreement grants the listing agent the exclusive right to sell the mobile home until midnight of a specified date, making the arrangement irrevocable until then. However, if both the seller and the agent mutually agree to terminate the agreement earlier, this could potentially be arranged through a separate written agreement. The specific terms of termination should be reviewed in the context of the original listing agreement.

Common mistakes

Filling out a Mobile Home Listing Agreement form is a crucial step for sellers wanting to list their mobile homes for sale. However, mistakes can occur during this process. Understanding these errors can help ensure the form is completed correctly, making the selling process smoother. Here are six common mistakes:

  1. Not verifying the listing company/agent's details: Sellers sometimes overlook the importance of ensuring the accuracy of the listing agent’s contact information. This includes the agent’s name, address, and phone number. Accurate information is essential for effective communication.

  2. Incomplete Mobile Park Information: Sellers may neglect to fill out all the required fields in this section, such as the space number, park address, type of park, park manager’s name, and contact number. This information is vital as it provides potential buyers with essential details about the mobile home’s location.

  3. Omitting Owner Information: Failing to provide complete legal owner details, including the contact number and the bank information (if there’s a lien on the property), can delay or complicate the selling process. Sellers should ensure this section is filled out thoroughly to avoid potential legal and financial issues.

  4. Incorrect Mobile Home Information: Sometimes, sellers might enter incorrect information regarding the year, manufacturer, model, serial number, color, dimensions, and the number of bedrooms and bathrooms. Accurate mobile home details help in attracting potential buyers and in the appraisal of the home.

  5. Forgetting to list Accessories or Special Equipment: It’s common for sellers to overlook the importance of accurately listing all items that are included in the sale. This includes appliances, decks, sheds, and any other special equipment. Not specifying these items can lead to misunderstandings and disputes with buyers.

  6. Misunderstanding the possession and pricing agreement: Sellers sometimes misinterpret the terms regarding when possession of the property is to be delivered to the buyer and the actual cash to seller amount. It's crucial to understand every aspect of this agreement, including the possession date and the expectations regarding the selling price and seller’s earnings from the sale.

Avoiding these mistakes is key to a successful and hassle-free sale of a mobile home. Taking the time to carefully review and correctly fill out the Mobile Home Listing Agreement form ensures that the sale process goes smoothly and that all parties have a clear understanding of the terms of the sale.

Documents used along the form

When dealing with the sale of a mobile home, a Mobile Home Listing Agreement Form is often the first step, setting the stage for the sale and detailing the agreement between the seller and the listing agent. However, to ensure a smooth and comprehensive sale process, several other documents are commonly utilized alongside the Mobile Home Listing Agreement. Each serves a unique purpose, providing clarity, legal protection, and facilitating various aspects of the transaction. Here are some of these crucial documents:

  • Bill of Sale: This document officially transfers ownership of the mobile home from the seller to the buyer. It contains details about the transaction, including the purchase price, a description of the mobile home, and the date of sale.
  • Title Certificate: The title certificate is crucial for proving ownership of the mobile home. It must be transferred to the new owner upon the sale of the property.
  • Seller's Disclosure Statement: This statement provides the buyer with important information about the mobile home's condition, including any known defects or problems. It aims to inform the buyer and reduce the seller's liability for undisclosed issues.
  • Purchase Agreement: A purchase agreement outlines the terms and conditions of the sale, including the sale price, financing details, and the responsibilities of each party. It is a more detailed and binding contract than the initial listing agreement.
  • Loan Documents: If the buyer is financing the purchase of the mobile home, various loan documents will be necessary. These include the loan application, appraisal reports, approval letters, and the mortgage or note detailing the loan terms.
  • Home Inspection Report: A professional home inspector's report can provide both the seller and buyer with an assessment of the mobile home's condition, identifying any issues that may need to be addressed before completing the sale.
  • Park/Community Agreement: If the mobile home is located in a mobile home park or community, a copy of the park or community rules and the lease or rental agreement may be required. This document outlines the terms of living within the community, including any fees, rules, and restrictions.
  • Closing Statement: A closing statement, or HUD-1, itemizes all of the costs associated with the sale, including taxes, fees, and other charges. This document provides a clear overview of the financial aspects of the transaction for both parties.

These documents are instrumental in the sale of a mobile home, ensuring that all legal, financial, and practical aspects are addressed. By understanding and properly utilizing each document, sellers, buyers, and their agents can facilitate a smoother transaction and avoid potential hurdles during the sale process.

Similar forms

  • Real Estate Listing Agreement: This document is strikingly similar to the Mobile Home Listing Agreement due to its function of granting a real estate agent or broker the exclusive right to sell a property on behalf of the property owner. Both agreements specify terms including the duration of the listing, the listing price, and the obligations of the seller and the agent. They are foundational in establishing the legal and financial arrangements between property sellers and their chosen representatives in the real estate market.

  • Exclusive Agency Agreement: Much like the Mobile Home Listing Agreement, the Exclusive Agency Agreement is a contract between a seller and an agent where the seller gives the agent exclusive rights to sell the property. However, in an Exclusive Agency Agreement, the seller retains the right to sell the property themselves without owing a commission to the agent. This key difference aside, both documents are designed to formalize the relationship between a property owner wanting to sell and the agent tasked with facilitating the sale.

  • Consignment Agreement: This agreement shares similarities with the Mobile Home Listing Agreement in the sense that an owner entrusts their property to another party to sell on their behalf. In both cases, the property (a mobile home or a consigned item) is to be sold, and the original owner expects to receive a certain amount of money from the sale, with the selling party allowed to keep any excess as their fee or commission. Both agreements outline the responsibilities of the consignor and the consignee (or listing agent), including efforts to sell, handling of the property, and financial arrangements.

  • Vehicle Sales Agreement: Although typically pertaining to automobiles, the structure of a Vehicle Sales Agreement is remarkably akin to that of a Mobile Home Listing Agreement when it comes to the sale of personal property. Both outline the specific details of the item being sold (make, model, year, accessories, etc.), the agreed-upon sale price, and conditions of the sale. These agreements provide a legal framework ensuring the seller receives the agreed sum for their property while allowing the buyer or selling agent to take possession under clearly defined conditions.

Dos and Don'ts

When you're preparing to fill out a Mobile Home Listing Agreement form, it's essential to approach the task with care and attention. This document is crucial in the process of selling your mobile home, as it outlines the terms between you, the seller, and the listing agent. To guide you through the process, here's a list of things you should and shouldn't do.

Things You Should Do:
  • Review all sections thoroughly before filling them out to ensure you understand each part of the agreement.
  • Ensure that all information provided is accurate and up-to-date, especially your contact information, mobile home details, and the terms of sale.
  • Include detailed descriptions of the mobile home and any accessories or special equipment included in the sale.
  • List all items that will remain with the mobile home upon sale, checking off those provided in the form and adding any additional items under "Other".
  • Discuss with the listing agent any unclear terms or conditions before signing the agreement.
  • Keep a copy of the fully completed and signed agreement for your records.
  • Clarify the commission or fee structure with the listing agent to avoid any misunderstandings or surprises.
Things You Shouldn't Do:
  • Rush through the process without understanding each aspect of the agreement.
  • Leave any sections blank; if a section does not apply, mark it as "N/A" (Not Applicable).
  • Forget to specify which items are included in the sale and which are not. This can lead to disputes later on.
  • Sign the agreement without clarifying any terms or conditions that are unclear to you.
  • Overlook the importance of verifying the listing agent's authority and their ability to sell your mobile home.
  • Ignore the need to document any verbal agreements made with the listing agent in writing.
  • Assume that modifications to the agreement cannot be made. If something needs to be adjusted, discuss it with the agent.

Approaching the Mobile Home Listing Agreement with diligence and attention to detail can prevent future conflicts and ensure a smooth selling process. Always communicate openly with your listing agent and seek clarification when needed. Remember, this agreement serves as the foundation of your relationship with the agent and the terms under which your property will be sold.

Misconceptions

When it comes to selling a mobile home, the Mobile Home Listing Agreement form plays a crucial role. However, there are several misconceptions about it that can cause confusion. Here are eight common misunderstandings explained:

  • It's the same as a real estate listing agreement. – The Mobile Home Listing Agreement is specifically for mobile homes, which might be located in parks or mobile home communities. This agreement covers terms that are unique to mobile homes, such as space rent and park information.
  • It gives the listing company/agent ownership of the mobile home. – In reality, the agreement grants the agent or company the exclusive right to sell the mobile home on behalf of the owner. The ownership remains with the legal owner until the sale is finalized.
  • Any agent can sell any mobile home with this form. – This agreement is between the mobile home owner and a specific listing company or agent. It gives that agent or company the exclusive rights to sell the home, not any agent in general.
  • No items can be excluded from the sale. – The agreement allows for specific items to be included or excluded from the sale. Sellers can list items that will remain when the mobile home is sold, ensuring clarity on what is part of the sale and what is not.
  • The seller has no control over the selling price. – Sellers agree to a mutually agreed price between themselves, the agent, and/or their assigns. They have a say in the final asking price, despite the agent's right to sell the home for a higher price to cover their commission and services.
  • The listing agreement is irrevocable. – While the agreement does provide the agent with an exclusive right to sell, it is only for a set period. The employment of the agent to sell the mobile home ends at midnight on the expiration date mentioned in the agreement, making it revocable after that term.
  • Any additional items automatically come with the sale. – Additional items not listed in the agreement, but included in the sale, must be explicitly noted in the “Other” section. This ensures all parties are aware of what is included with the mobile home.
  • Cash to Seller represents profit. – The cash to seller outlined in the agreement is the amount the seller is willing to accept after deducting any liens, encumbrances, excise, and personal property taxes. It may not necessarily represent profit, as it does not account for the original purchase price or the seller's owed amounts on the mobile home.

Understanding these key aspects of the Mobile Home Listing Agreement can help both sellers and buyers navigate the sale process more smoothly, avoiding common pitfalls and setting clear expectations from the start.

Key takeaways

When dealing with the Mobile Home Listing Agreement form, understanding the key elements can help both sellers and agents navigate the process effectively. Here are seven key takeaways to remember:

  • Ensure accurate and complete information in all sections, including the listing company/agent details, mobile park information, owner’s information, and specific details about the mobile home such as year, manufacturer, model, and included accessories.
  • Clearly list all items that will remain with the mobile home upon sale, ensuring there is a mutual understanding between seller and buyer about what is included. This should cover appliances, deck, shed, and any other relevant items.
  • Highlight the financial aspects, including the cash to seller amount and acknowledge any existing liens and encumbrances on the property. This ensures transparency and helps prevent future disputes over financial matters.
  • Understand the possession terms, which state that possession of the property should be transferred to the buyer no later than fourteen (14) days after the close of escrow and/or funding, unless otherwise agreed in writing. This clarity helps in planning the transition for both parties.
  • The agreement grants the listing agent exclusive rights to sell the property, which includes the authority to transfer, sell, consign, or assign the contract as necessary to facilitate the sale, without additional compensation to the seller beyond the agreed-upon amount.
  • Pay attention to the duration and irrevocability of the employment and authority to sell, which is effective until a specified expiry date. Both parties should be clear on these timelines to manage expectations appropriately.
  • The seller’s agreement to the terms as of a certain date and for a mutually agreed price between the seller, agent, and/or their assigns, including any conditions on price or other terms to be set in writing, ensuring all parties are on the same page regarding the sale’s financials and terms.

Properly filling out and understanding the Mobile Home Listing Agreement form is crucial for a smooth sale process. Both sellers and agents should carefully review all sections of the form to ensure accurate representation of the terms of sale, financial details, and the rights and responsibilities of each party involved.

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