Legal Question in Real Estate Law in California

Sale of Mobile Home

I sold my mobile home in March of 2003 to a realtor. After the walk-through, he handed me a personal check made out by another realtor in his office and told me 'it was good'.

I am now receiving bills from the tax assessor for the property taxes. I called the assessor's office and the property is still in my name. I drove by the property and called and inquired - to find out it is still for sale. Do I still legally own this mobile home? I never signed any escrow papers. Do I pay the taxes? I would love to move back in! Thanks so much for your help.


Asked on 9/01/03, 7:53 pm

3 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Sale of Mobile Home

Need more facts. Please call, no charge. 800-685-6950

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Answered on 9/02/03, 11:41 am
Scott Schomer Schomer Law Group

Re: Sale of Mobile Home

Sounds like an unusual situation. You may have a claim against the broker/purchaser. Feel free to contact this office to discuss.

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Answered on 9/02/03, 12:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Sale of Mobile Home

This is a strange tale. Licensed real estate folks should know better. Selling vehicles and real property is different from selling teaspoons. Ownership (title) in real property and vehicles is subject to registration, and tax assessments and bills are made on the basis of registered ownership.

Whenever real property or a motor vehicle changes hands, the buyer and/or seller must report the transaction in the appropriate way(and in most cases pay a sales or transfer tax), and thereafter the taxing authorities will know who the owner supposedly is, and send him/her the tax, registration or other fee bills.

You didn't say whether you had any written agreement, nor whether the check you were given was good or not, nor whether it was for the full price or only a down payment. All of this is crucial information. If you have been paid the full price you bargained for pursuant to a written agreement, and the check cleared, you and the buyer just have some paperwork to clear up with the taxing authorities.

If, on the other hand, the check were bad, the deal wasn't in writing and/or you only received partial payment, you may have a bigger problem.

Why can't you just go back to the buyer and straighten things out?

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Answered on 9/01/03, 11:15 pm


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