What form do I use to list real property that has a mobile home on it?

QUESTION: A client has approached me about selling a piece of land that has a mobile home on it. The mobile home is hooked up to the county water system, but the waste is handled by a septic system located on the property. The hitch and wheels are still on the mobile home, but it has been sitting stationary on the same concrete pad for about six years. Should I treat the mobile home as personal property and use the vacant land listing agreement (Standard Form 103), or should I use the normal exclusive right to sell listing agreement (Standard Form 101)?

ANSWER: A mobile home, or manufactured home, is considered personal property unless it has properly been converted to a fixture on the real property. Section 105-273(13) of North Carolina’s General Statutes says that in order for a manufactured home to become real property, it must: (1) be a residential structure; (2) have the moving hitch, wheels, and axles removed; and (3) be “placed upon a permanent foundation either on land owned by the owner of the manufactured home or on land in which the owner of the manufactured home has a leasehold interest pursuant to a lease with a primary term of at least 20 years and the lease expressly provides for disposition of the manufactured home upon termination of the lease.” If a manufactured home meets these requirements, then the owner must file an affidavit with the North Carolina DMV notifying the DMV that the manufactured home is now affixed to the real property.

Looking at your facts, it does not appear that the mobile home meets the requirements of General Statute 105-273(13), because the hitch, wheels, and axels have not been removed. That means the mobile home is still personal property. To list the real property for your client, use the vacant land form (Standard Form 103) and have your client fill out the information in section 9(j) so that you have the necessary information about the mobile home.

Release Date: 06/14/2016