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A real estate broker advertised a mobile home for sale that was located on a privately owned piece of property that has six months remaining on a one- year lease. Which of the following is correct?

Option 1: The mobile home can be sold without any issues.
Option 2: The sale may require the consent of the property owner.
Option 3: The mobile home cannot be sold until the lease expires.
Option 4: The lease will automatically transfer to the new owner.

1 Answer

2 votes

Final answer:

The sale of a mobile home on leased land typically requires the consent of the property owner, and the lease usually transfers to the new owner, subject to approval. Potential buyers must be aware of the lease terms and ensure proper transfer during the sale.

Step-by-step explanation:

The sale of a mobile home situated on a leased property may present certain complexities. The correct answer would be option 2: The sale may require the consent of the property owner. When a mobile home is located on leased land, the leasehold interest is often considered part of the sale. The lease terms may also have provisions regarding sale and assignment, and in most cases, the lease would transfer to the new owner upon sale of the mobile home, subject to the consent of the property owner.

However, it is essential to refer to the specific terms of the lease agreement. According to the given termination clause, the lease may be terminated by either party with a 30-day written notice, and should the lease be overheld, the resident could be liable for additional rent and damages. This highlights the importance of the new owner understanding their potential liabilities and rights under the current lease agreement.

In summary, the buyer of the mobile home should be aware of any lease terms that may affect their use of the property, and they should also ensure that the lease is properly transferred to them from the seller, which typically involves obtaining the consent of the property owner.

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