Asked in Real Estate Law for Alabama

Q: Can a seller sell a mobile home that is not in their name?

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
Answered

A: That depends. A seller can sell an item of personal property (like a mobile home) that they do not own if, for example, the true owner appoints him or her as their agent or as attorney-in-fact (under power of attorney) with authority to sell the item for the owner. A trustee can sell property of the trust he serves as long as the trust document gives him or her that authority. There are other circumstances but usually a seller either has to own the item he or she is selling or has to have authority given by the owner to sell on the owner's behalf. If a seller doesn't own the item he is selling and doesn't have the true owner's authority to sell, he may be committing fraud on the buyer. If you face this situation, you should contact an experienced attorney in your area for legal advice before proceeding with a sale or purchase. Many offer free initial consultations. Good luck.

PS: My comments here are for general information and are not legal advice on your specific situation, nor do they create an attorney-client relationship between us. Consult an attorney in your state for legal advice about your particular situation.

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