ARMLS Rule 8.1b expands on the requirements when listing a manufactured home in Flexmls. Learn the differences between Manufactured Homes and Park Models for listing in the MLS.
Are manufactured homes considered real property? The answer is both yes and no. Did you know that listing a manufactured home in the MLS might not always fall within your real estate licensing scope? There are specific licensing rules from ADRE, as well as state and federal laws, that you need to understand before listing. This page provides guidance to help you get started. When in doubt, consult your broker!
RULE 8.1b - REGARDING MANUFACTURED HOMES
8.1.(b) There are three scenarios for which Manufactured or Mobile Homes are allowed to be listed in the MLS:
NOTE: Recreational vehicles, including park models are prohibited to be listed in the MLS, unless it has been issued an Affidavit of Affixture.
(i) A Mobile or Manufactured home, which is installed on and conveyed with real property, may be listed as a residential property if it qualifies under the licensing exemptions allowed by the Arizona Department Of Housing (ADOH). To qualify under this exemption, the property must meet BOTH of the following tests:
The Manufactured/Mobile home must be installed on the property; and The Manufactured/Mobile home must be listed in a contract for transfer of an interest in real property executed by its owner.
(ii) A new or Used Manufactured/Mobile home located in a Mobile Home Park if the Listing Subscriber is acting as an agent for a licensed Manufactured Housing Dealer for a home that is being offered for sale by a licensed Manufactured Housing Dealer.
(iii) A Used Manufactured/Mobile home located in a Mobile Home Park that is owned by a private party (homeowner).
EXAMPLES OF WHAT IS NOT ALLOWED
Unaffixed Mobile Home
Unaffixed mobile homes built before 1976 and not in a mobile park.
Unaffixed Park Model
Originally built less than 400sqft and unaffixed.
EXAMPLES OF WHAT IS ALLOWED
Manufactured Home
Unaffixed mobile homes built before 1976 and is in a mobile park.
Affixed Park Model
Park model ONLY with an Affidavit of Affixture.
HUD Insignia Attached
Obtained a HUD Insignia
IMPORTANT DEFINITIONS
Manufactured Homes
The U.S. Department of Housing and Urban Development (HUD) defines a manufactured home as a factory-built home constructed after June 15, 1976, when the HUD Manufactured Home Construction and Safety Standards (HUD Code) went into effect. Homes built after that date are considered HUD certified, by a HUD insignia/label.
Park Models
Structures that are exempt from HUD/federal building codes or standards are compact units, typically built under 400 square feet, although sizes may vary. These structures adhere to the ANSI (American National Standards Institute) ANS A119.5 Park Model RV Standard building code for recreational and temporary use and are normally located in a mobile home or RV park.
AFFIXED VS UNAFFIXED STRUCTURES
Affixed
Permanently attached to the land you own and classified as real property, affixed structures are treated like traditional homes. However, ‘permanently affixed’ does not refer to the physical attachment to the land. Instead, affixing is done for legal purposes, allowing the structure to be assessed as real property. Requires an Affidavit of Affixture.
Manufactured & Affixed
Can it be listed in the MLS?
Yes if,
✔️ It’s real property, meaning,
✔️ It is regulated by ADRE (Arizona Dept. of Real Estate)
No if,
🚫 It’s personal property, meaning,
🚫 It is regulated by ADOH (Arizona Dept. of Housing) AND it is NOT in a mobile home park.
Park Model & Affixed
Can it be listed in the MLS?
Yes if,
✔️ It’s real property, meaning,
✔️ It is regulated by ADRE (Arizona Dept. of Real Estate)
No if,
🚫 It’s personal property, meaning,
🚫 It is regulated by A.R.S. § 33-2102 (Title 33, Chapter 19)
Manufactured & Affixed
Can it be listed in the MLS?
Park Model & Affixed
Can it be listed in the MLS?
Yes if,
No if,
Yes if,
No if,
✔️ It’s real property, meaning,
🚫 It’s personal property, meaning,
✔️ It’s real property, meaning,
🚫 It’s personal property, meaning,
✔️ It is regulated by ADRE (Arizona Dept. of Real Estate)
🚫 It is regulated by ADOH (Arizona Dept. of Housing) AND it is NOT in a mobile home park.
✔️ It is regulated by ADRE (Arizona Dept. of Real Estate)
Manufactured & Unaffixed
Can it be listed in the MLS?
Park Model & Unaffixed
Can it be listed in the MLS?
Manufactured & Unaffixed
Can it be listed in the MLS?
Yes if,
✔️ It’s real property, meaning,
✔️ It is regulated by ADRE (Arizona Dept. of Real Estate)
No if,
🚫 It’s personal property, meaning,
🚫 It is regulated by ADOH (Arizona Dept. of Housing) AND not in a mobile home park.
Park Model & Unaffixed
Can it be listed in the MLS?
Yes if,
✔️ It becomes affixed.
No if,
🚫 It’s unaffixed.
Yes if,
No if,
Yes if,
No if,
✔️ It’s real property, meaning,
🚫 It’s personal property, meaning,
✔️ It becomes affixed.
🚫 It’s unaffixed.
✔️ It is regulated by ADRE (Arizona Dept. of Real Estate)
🚫 It is regulated by ADOH (Arizona Dept. of Housing) AND not in a mobile home park.
COMMON QUESTIONS
How does my client obtain and Affidavit of Affixture?
An Affidavit of Affixture is an official recording with the county to categorize the structure as real property. Your client should consult with the county in which the property is located. Structures located in a mobile home park should also inquire with the park management for any restrictions.
Can I list a park model in the MLS?
Park models are allowed in ARMLS if:
- It is affixed (It has obtained an affidavit of affixture (ARMLS Rules 8.1.(b).(i))); or
- It is unaffixed, AND the listing brokerage is representing the specific lot/land for sale or lease (ARMLS Rules 8.1.iii), then it is allowed only in the Land and Lots property type
Can I list an unaffixed manufactured home in the MLS?
Unaffixed manufactured homes can only be listed in the MLS if they are located in a park. Otherwsie, unaffixed manufactured homes are not allowed in the MLS.
I’m licensed with Arizona Department of Real Estate, can I sell a manufactured home?
Arizona Department of Real Estate (ADRE) changed a rule in 2017 stating an Arizona real estate license holder can manage the sale of an affixed manufactured home in a mobile home park because it constitutes as real property.
Can an Arizona real estate license holder represent the sale of a manufactured home in a mobile home park?
Yes, an Arizona real estate license holder can represent the sale of a manufactured home in a mobile home park without needing a manufactured dealer license from the Arizona Department of Housing *This does not apply to park models or other recreational vehicles.
For manufactured homes, how do I search for lot owned?
- In Flexmls, visit the Menu.
- Select Quick Search.
- Within the Dwelling Type field, select Mfg/Mobile Housing.
- Begin typing “Fees” into the Add a Field search area.
- Select the Ttl Mthly Fee Equiv option under the Association & Fees heading.
- Once the field has been added to the search criteria on the left, add 0 (zero) as the maximum value.
RESOURCES
HUD / ADOH RESOURCES
The Arizona Department of Housing (ADOH) enforces the federal manufacturer building code standards in Arizona (this does not include park models). ADOH can assist in researching a manufacturer’s HUD insignia (label), provided it was built in accordance with federal manufacturer building code standards and regulations.
A.R.S. § 33-2102 (Title 33, Chapter 19) states park models are recreational vehicles governed by the Arizona Recreational Vehicle Long-term Rental Space Act. They adhere to ANSI (American National Standards Institute) building code standards, specifically ANS A119.5 Park Model RV Standard (Click here for a link to the HUD/federal ruling).
HUD INSIGNIA EXAMPLE
HUD INSIGNIA
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