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| Public Act 103-0432 | ||||
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mobile Home Landlord and Tenant Rights Act | ||||
is amended by changing Section 24 as follows:
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(765 ILCS 745/24) (from Ch. 80, par. 224)
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Sec. 24. Sale of Mobile Home. The park owner shall be | ||||
enjoined and
restrained from prohibiting, limiting, | ||||
restricting, obstructing, or in
any manner interfering with | ||||
the freedom of any mobile home owner to:
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(a) Sell the his mobile home to a purchaser of the mobile | ||||
home owner's his choice, provided that
the park owner shall be | ||||
allowed to promulgate any general qualifications
or lawful | ||||
restrictions on park residents which limit or define the
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admission of entrants to the park. The purchaser, prior to | ||||
closing,
must obtain a written and signed lease unless the | ||||
purchaser elects to remove the mobile home from the mobile | ||||
home park. If the purchaser elects to remove the mobile home, | ||||
the person or entity that removes the mobile home shall be | ||||
licensed in accordance with the Manufactured Home Installers | ||||
Act and shall provide proof of insurance to the park owner as a | ||||
named additional insured. The purchaser and the park owner | ||||
shall establish a mutually agreed upon date and time for the | ||||
removal of the mobile home. The purchaser shall remove the | ||
mobile home within 30 days of the date of purchase, satisfy any | ||
liens the owner of the mobile home park may have against the | ||
mobile home, indemnify the owner of the mobile home park | ||
against any injury to persons or damage to the mobile home park | ||
incurred as a result of the removal of the mobile home, and | ||
remove all debris from the lot on which the mobile home was | ||
located. If the purchaser fails to remove the mobile home | ||
within 30 days of the purchase, the purchaser must complete | ||
the mobile home park's application and execute the mobile home | ||
park's standard lease agreement. If the purchaser fails to | ||
meet qualifications for residency, the purchaser must sign a | ||
storage agreement, approved by the mobile home park owner, and | ||
comply with the rules and regulations of the mobile home park;
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(b) Employ or secure the services of an independent | ||
salesperson in
connection with the sale of said mobile home, | ||
providing that said
salesperson collects and remits all | ||
governmental taxes.
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The park owner is prohibited from imposing any fee, | ||
charge,
or commission for the sale of a mobile home, except | ||
when a mobile home owner
requests the park owner or his agent | ||
of the park owner to
assist in securing a purchaser for the his | ||
mobile home. A commission may be
accepted for such service | ||
subject only to the following conditions:
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(1) That the exact amount of commission or fee shall be a | ||
percentage
of the actual sales price of the mobile home; and
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(2) That the maximum percentage figure for the services in | ||
the
resale of the mobile home by the park owner or his agent of | ||
the park owner shall be set forth
in writing prior to the sale.
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The park owner is prohibited from requiring, upon the sale | ||
by a tenant
of a mobile home to a qualified purchaser, the | ||
removal from the park of
such mobile home unless the mobile | ||
home is less than 12 feet wide or is
significantly | ||
deteriorated and in substantial disrepair, in which case the
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park owner shall bear the burden of demonstrating such fact | ||
and must, prior
to sale, have given the tenant written notice | ||
thereof, and that unless
first corrected, removal will be | ||
required upon sale.
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(Source: P.A. 85-998.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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